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My legal matter concerning an application for a Domestic Violence Order was managed by Mr Thomas Allen. I am grateful for the outcome he obtained. Without Mr Allen and his ongoing support, I would be certain of a different result. It has been an extremely stressful period. Mr Allen’s astute ability to liaise on my behalf and his expertise was invaluable and for which I am grateful as I am now able to move forward. Thanking you

- Client

I would like to take this opportunity to thank Armstrong Legal and specifically Mr Thomas Allen for representing me in my recent case. At the outset, I would like to thank Mr Allen for the very professional delivery of his legal service. From the first time that I met Mr Allen, I was very impressed with his demeanour and delivery as he made me feel at ease knowing the severity of my case. Mr Allen not only gave me the possible positive outcomes of the case but also the realisation of the worst-case scenario as far as sentencing goes. … I will certainly be recommending Armstrong Legal to any of my friends or family needing representation in criminal matters. Thank you so very much.

- Client

Thank you for your representation and help. Fingers crossed for the next step and parole. I just want to say that from the first phone call to your office, your service has been outstanding and have put my mind at ease. I am glad I picked your number to ring.

- Client

Thank you Armstrong Legal, the lawyers that have helped over the past 3 years but more importantly, thank you to Thomas Allen for the major part you and Mr Buckland played. Cannot thank you enough. Cheers.

- Client

Hi all. I would like to thank Ms Lisa Riley for all her help with my legal issues this past month. It was the most harrowing experience of my life and thanks to her expertise, professionalism and knowledge of the law, I came out almost unscathed. I have no hesitation in recommending Lisa Riley and Armstrong Legal if you need help. The service is amazing and the cost was very minimal for the great outcome. Thank you Lisa for helping me in the most difficult time.

- Client

I just want to thank you from the bottom of my heart. My whole life I was thrown away, you made me feel like I did mean something. I could not have asked for a better lawyer. Your compassion and love for your job is inspiring. Your upfront and honesty were muchly appreciated, you are a beautiful person. Thank you for not giving up on me and thank you for all the work you put in. I wish you all the best for the future and I will be recommending you to everyone I know. You're amazing!!!!

- Client

I just wanted to thank you for representing me on Monday, I was overjoyed & relieved with the outcome. I don’t think it could have gone any better. All the best, I hope you got to celebrate this one instead after work, you forever made a difference in my life.

I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks

- Client

Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.

- Client

Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.

- Client

Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.

- Client

"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."

This article was written by Angela Cooney - National Practice Director – Sydney

Angela Cooney is the National Practice Director of Criminal Law at Armstrong Legal and is an Accredited Criminal Law Specialist. Angela is a confident and formidable advocate for her clients. She commonly appears in very complex and serious matters but is able to assist clients with all kinds of criminal and traffic offences. Angela is an experienced court advocate...

Criminal Trials

Criminal trials are held in the relevant state or territory’s District Court or the Supreme Court. A trial is held when the accused is pleading not guilty. This may be because they have a legal defence to the charge or because they are testing the prosecution case. During a trial, the prosecution will adduce evidence and both defence and prosecution will make submissions about the strength of that evidence. The defence may also call evidence, but this does not always occur. At the end of the trial, a verdict will be delivered.

Trials are usually decided by a jury but occasionally a trial will be heard by a judge alone.

What is the Role of the Prosecution?

The role of the Prosecution is to present the case against the accused to the court. Its role is not to secure a conviction or to convince the court that the defendant should be found guilty. It is its primary duty to present all relevant evidence in the case and help the court to achieve justice according to the law and principles of fairness.

A prosecutor does not represent a private interest or a particular person (such as the victim), but appears on behalf of the state in order to achieve what is in the public interest. In order for the accused to be found guilty the court must be satisfied that the prosecution has proved every element of the offence beyond a reasonable doubt.

What is the Role of the Defendant?

The defendant has no obligation to prove any fact or issue that is in dispute. They also do not have the obligation to call any evidence. This is because the burden of proof rests solely on the prosecution. The defendant can call evidence in their defence if they choose to do so.

In criminal proceedings, the defendant is present for all of the proceedings. If the defendant chooses to give evidence in the trial, they will give evidence after the prosecution has closed its case. Any other defence witnesses will usually give evidence after the defendant.

After all witnesses have given evidence, there will be closing addresses, the judge will give directions to the jury and sum up the case, and then the jury will retire to consider its verdict.

What is the Role of a Judge in a Criminal Trial?

Trials can either be conducted with a jury or judge alone. The below information relates to trial by jury.

The judge is the trier of the law. They make decisions about the law, and legal issues, but in a jury trial, the judge does not determine anything factual. That is the role of the jury.

The judge will determine any preliminary legal issues, which may include what evidence is and is not admitted. The judge will also determine objections made by the defence or prosecution throughout the trial. Finally, the judge will summarise the evidence and will give the jury directions as to how to apply the law.

If the accused is found guilty, the judge will decide on the appropriate sentence and make sentencing orders. If the accused is found not guilty, the judge will dismiss the charges.

What is the Role of a Jury in a Criminal Trial?

The jury is the sole trier of the facts. This means that, after listening to all of the evidence in the case, the jury will decide what it can be satisfied happened, whether the prosecution has proved each of the essential facts and elements of the offence and whether the defendant ought to be found guilty or not guilty.

If you require any information on criminal trials or any other legal matter call us on 1300 038 223 or send us an email.

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