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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 Trudie Cameron - Practice Director – Sydney

Trudie Cameron is the Practice Director of Criminal Law and is responsible for supervising and managing the New South Wales Criminal Law team in addition to her own caseload. Trudie is an accredited specialist in criminal law, practising exclusively in criminal and traffic law. Trudie defends clients charged with both state and commonwealth offences and appears on their behalf in...

What is a Voir Dire?

A voir dire is a part of a legal proceeding where a preliminary question of law is decided. This may be the determination of whether a fact exists and/or whether a particular piece of evidence is admissible in a trial or contested hearing. A voir dire has been described as a “trial within a trial” because it may involve the calling of evidence and making of submissions which are not admissible in the trial proper.

Voir dires are often considered to be “pre-trial” or “pre-hearing” arguments. However, they can be had at any stage in relation to proceedings. They can be conducted in every jurisdiction, and not only in relation to jury trials. When a voir dire is conducted in a matter that is to be decided by a jury, it is held in the jury’s absence.

Purpose of a voir dire

The purpose of a voir dire is to allow the magistrate or judge presiding over proceedings to make a ruling about a matter which is essential to the way in which the proceedings will be run. In some cases, a ruling on the voir dire will make or break a case and as such, ventilating the issue at the start of the proceedings can result in a speedy resolution of the matter. In other matters, the ruling will affect the way in which the prosecution or defence will present its case.

Matters that may be determined

Only questions that relate to a fact, the law or the admissibility of evidence may be determined in a voir dire.

Examples of issues that may be raised and determined include:

Whether evidence which is hearsay should be permitted to be used in the prosecution case;
Whether evidence of a complaint made at a time soon after the alleged incident and circumstances that render it likely to be true;
Whether a search warrant was lawful and permitted entry and/or seizure of certain evidence; and
Whether evidence was unlawfully obtained and thus, should be excluded from the proceedings.

A judge or magistrate has the discretion to allow a voir dire and may refuse to allow a voir dire to be held where it is not deemed to be essential to ensure a fair trial.

Outcome of a voir dire

The party who seeks a ruling on the voir dire is required to satisfy the court that the ruling ought to be made. Whether the party satisfies the court that the ruling sought should be made will depend on any evidence that is called, any findings of fact made by the magistrate or judge and whether the submissions of the party are accepted by the magistrate or judge.

The magistrate or judge will ultimately hear submissions from each of the parties before making a ruling in relation to the issue of fact, law and/or admissibility raised. In some cases, the ruling will be made briefly and on the spot, whereas in other cases a magistrate or judge may adjourn the proceedings for days or weeks to prepare a judgement on the ruling.

The evidence on the voir dire does not become evidence in a hearing or trial, unless such a course is able to be consented to and appropriate in the circumstances. Such is more common in the Local Court than in jury trials.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.

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