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."
Indictable offences are criminal offences where the accused has the right to have the matter heard in a higher court such as the District Court or Supreme Court (or the County Court in Victoria). Indictable offences are more serious than summary offences, which are heard in the Magistrates Court. However, indictable offences can also be heard in the Magistrates Court in the same way as summary offences if both parties consent to this.
Which offences are indictable offences?
Indictable offences range from theft and assault to very serious offences like rape, armed robbery, treason and murder. The Commonwealth Crimes Act 1914 governs indictable offences against the Commonwealth, which can be prosecuted in any state or territory of Australia.
The main legislation in each state which governs indictable offences in that jurisdiction is listed below:
- Crimes Act 1900 (NSW)
- Crimes Act 1958 (Vic)
- Criminal Code Act 1899 (Qld)
- Criminal Code Act (NT)
- Criminal Code Act Compilation Act 1913 (WA)
- Criminal Law Consolidation Act 1935 (SA)
- Criminal Code Act 1924 (Tas)
- Crimes Act 1900 (ACT)
if you have been charged with an indictable offence you should always seek legal advice before attending court.
Summary procedures for indictable offences
Those indictable offences which can be dealt with in the Magistrates Court (or the Local Court in NSW) are generally prosecuted by the police. This is known as summary criminal procedure, and the matter is heard “summarily”.
When a matter is heard summarily, the procedure is the same as for summary offences, such as traffic offences. The first date will be a mention at which the defendant can plead guilty or not guilty. If the accused is pleading guilty, the matter may be finalised on the day, or the Magistrate may also adjourn the matter, so the defendant can seek legal representation or obtain character references.
If the defendant pleads not guilty then the matter must proceed to a contest mention to resolve any remaining matters regarding the contested hearing. This includes establishing how many witnesses are to be called and whether there are any issues the court needs to be aware of – for example, whether a voir dire is to be held, whether interpreters are needed or whether any witness needs to appear by video link.
The matter is then set down for a contested hearing where the magistrate will decide whether the accused is guilty (in which case they will be sentenced) or if they are not guilty (in which case the charge will be dismissed).
Types of indictable offences heard summarily
The indictable offences that can be heard summarily differ from state to state. In some states, such as Victoria, the Magistrate as well as the accused must consent to the matter being heard summarily.
Examples of offences that can be heard summarily include theft, property damage and indecent assault. Usually, the penalty that can be imposed in the Magistrates Court is much lower than that which a higher court can impose. This means it is often in the interests of the defence to have a matter dealt with summarily. The matter is also generally finalised much quicker via the summary procedure.
Very serious offences such as rape and murder cannot be heard summarily and must be committed to a higher court for finalisation.
Committing matters to higher courts
Before a matter can be transferred to a higher court, the defence must get a copy of the brief of evidence from the prosecution. In New South Wales, charge certification must then occur. This means that the prosecution confirms which charges are being proceeded with and if any charges are being dropped. A case conference must be held where the parties can discuss and try to resolve some matters. The matter can then be committal to a higher court.
In all states except NSW, a committal hearing must be conducted to determine if there is enough evidence to justify the matter proceeding to a higher court. This can occur by way of an oral committal, where the prosecution witnesses attend to have their evidence tested through cross-examination or by hand-up committal, where the brief of evidence is simply handed up to the magistrate, who commits the matter to a higher court. The latter usually occurs when the defendant is planning to plead guilty. If there is not enough evidence to support a finding of guilt, the matter will be dismissed.
When a matter goes to a higher court and is being contested, a jury of twelve people will usually hear the facts and determine whether the defendant is guilty or not guilty beyond a reasonable doubt. Usually, all 12 jurors will need to agree on the verdict; however, in some cases, a majority verdict (normally 11 out of 12 jurors) may be accepted.
Some matters may be tried before a judge alone, except in the Northern Territory, Victoria and Tasmania where this does not occur. Defendants in South Australia and the ACT always have the right to elect between a trial by judge and jury or a trial by judge alone. Defendants often elect for a judge-alone trial where they feel they will not get a fair hearing because there has been a lot of negative media coverage. The prosecution will generally need to consent to a trial by judge-alone.
If you require legal advice or representation in any legal matter please contact Armstrong Legal.
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