ACT Criminal Law
National Criminal Law
NSW Criminal Law
QLD Criminal Law
VIC Criminal Law
WA Criminal Law
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
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.
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.
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.
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.
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!!!!
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
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.
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.
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.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
Commonwealth Bail Applications
A Commonwealth offence is an offence that breaks a federal law. These offences are governed by the Crimes Act 1914 and the Criminal Code Act 1995, and include crimes committed across state borders and overseas. There is no designated court constituted to deal with Commonwealth offences. The Judiciary Act 1903 allows state and territory courts to exercise federal jurisdiction to deal with Commonwealth crimes. Under this arrangement, unless Commonwealth laws have provided otherwise, state and territory laws apply to the bail of suspects.
Commonwealth offences and bail
Commonwealth offences are largely investigated by the Australian Federal Police and prosecuted by the Commonwealth Director of Public Prosecutions (CDPP).
The CDPP prosecutes the Commonwealth crimes of:
- fraud of a government entity;
- commercial crimes;
- money laundering;
- importing and exporting drugs;
- people smuggling;
- human trafficking;
- child exploitation;
- environmental offences;
- workplace offences.
Under section 68 of the Judiciary Act, a bail application for a Commonwealth offence is to be handled according to the bail procedure of the state or territory in which the alleged offence was committed. This procedure is provided in the Bail Act of each state and territory.
When bail must not be granted
Under the Crimes Act, there are some Commonwealth offences for which bail cannot be granted unless there are exceptional circumstances. These offences include murder, terrorism, treason, espionage and child sexual abuse.
The CDPP or a charged person has a right to appeal a bail decision that relates to the granting or non-granting of bail on the basis of exceptional circumstances.
In considering exceptional circumstances for a person aged under 18, the court must place the protection of the community as the paramount consideration, and the best interests of the person as a primary consideration.
The Bail Act of each state or territory sets out what a court must consider when deciding a bail application. Generally, each Bail Act states that a court or authorised officer must consider:
- the likelihood of the person appearing in court in relation to the offence;
- the likelihood of the person, while released on bail
- committing an offence;
- harassing or endangering the safety or welfare of anyone;
- interfering with evidence, intimidating a witness, or otherwise obstructing the course of justice, in relation to the person or anyone else;
- the interests of the charged person (such as injury or special needs);
- the protection of any victim;
- the likelihood of a sentence of imprisonment;
- relevant matters such as:
- the nature and seriousness of the offence;
- the person’s character, background and community ties;
- the likely effect of a refusal of bail on the person’s family or dependants;
- any previous grants of bail to the person;
- the strength of the evidence against the person.
The Crimes Act contains further considerations for a court when assessing a bail application.
The potential impact of granting bail on the victim or any witness or potential witness must be taken into account. If a charged person is living in or located in a remote community, this must also be taken into account.
Customary law or cultural practice must not be considered a reason for excusing, justifying, authorising or lessening the seriousness of the criminal behaviour, nor must it be considered a reason for aggravating the seriousness of the criminal behaviour.
Courts can impose bail conditions to mitigate the risks associated with granting bail.
The conditions must be:
- proportionate to the offence;
- appropriate to mitigate the risks of releasing the person;
- no more onerous than necessary;
- reasonably practicable.
Examples of conditions that can be imposed include that the person must:
- live at a specified address or arrange suitable accommodation before release on bail;
- surrender their passport;
- abide by a curfew;
- have no contact with co-accused or witnesses;
- provide security (i.e. agree to forfeit a certain amount of money if a condition is breached);
- submit to drug or alcohol testing;
- report to police at specified times;
- not visit specified places.
Common Commonwealth offences
State and territory courts deal regularly with bail applications for Commonwealth offences.
Centrelink fraud falls under the Criminal Code Act and can be dealt with by a state or territory court unless the facts are disputed, or the amount of the fraud means imprisonment is an option, or the offender seeks an order for no conviction.
These offences include when a traveller attempts to carry weapons or prohibited goods onto a plane or through airport screening. They can be charged under the Aviation Transport Security Act 2004.
These offences involve the “improper use of carriage services” under the Criminal Code Act. A person can be charged if they use the carriage service, whether by the method of use or the content of the communication or both, in a way that a reasonable person would consider to be menacing, harassing or offensive.
These offences include stealing mail during its delivery, stealing mailbags or knowingly keeping mail that has been wrongly delivered.
Crimes Act offences
Trespass is one common offence, involving someone trespassing or going onto Commonwealth land without a lawful excuse. Another is wilful damage, when someone intentionally destroys or damages any property that belongs to the Commonwealth.
For advice or representation in any legal matter, please contact Armstrong Lawyers.
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