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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 Michelle Makela - Legal Practice Director

Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning. Michelle has been involved in all practice areas of the firm and in her personal practice has had experience in litigation at all levels (state and federal industrial tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal...

Bail and Show Cause Offences

A ‘show cause’ offence is an offence for which the accused must ‘show cause’ why their continuing detention is not justified. This means that instead of the prosecution bearing the onus of showing that the person poses an unacceptable risk if released on bail, the defence must show cause for why the person should be released. ‘Show cause’ is a relatively new concept in New South Wales, which was introduced in 2015.

Who does the show cause requirement apply to?

The show cause requirement only applies to adults. Juveniles who are charged with serious offences do not have to show cause why they should be granted bail.

How does the requirement work?

If an adult is charged with a show cause offence and is applying for bail, there is a two-step process for bail to be determined. The first step is to show cause why their detention is not justified. If the applicant is successful in showing why their detention is not justified, the court must then assess whether there are bail concerns and determine whether there is an unacceptable risk, or whether appropriate bail conditions can be imposed to mitigate the risk.

How to show cause

Unlike the assessment of unacceptable risk, where the Act provides a list of factors to consider, no guidance is given to courts as to how to assess whether someone has ‘shown cause’. This is determined on a case by case basis, taking into account any number of relevant considerations.

The Court of Criminal Appeal has stated that cause could be shown by a single powerful factor or a combination of factors. There will often be an overlap in the factors relevant to the assessment of an unacceptable risk and the factors relevant in assessing whether cause is shown.

Examples of matters that the court could consider in determining whether cause has been shown as to why a person should not be detained are:

That this is their first time in custody.
Their need to be at liberty to prepare their defence, maintain employment or provide and care for family;
That custody would be harder for them than for the average person for medical reasons;
The length of time they are likely to spend in custody pending trial.
The strength of the prosecution case.
The likely penalty if they were to be found guilty on the charges.

These last three points often intersect with one another. The length of time a person will spend awaiting trial is especially relevant if the court is of the view that:

The prosecution case is not a strong one;
If the person were to be found guilty they would not necessarily be sentenced to imprisonment; or
If the person was to be found guilty, the time you spend in custody awaiting trial would exceed the sentence imposed.

Which offences are show cause offences?

The offences that attract the show cause requirement are listed in section 16B of the Bail Act 2013.

They are:

Any offence that carries life imprisonment.
Any serious indictable offence involving sexual intercourse with a person under the age of 16;
Any serious personal violence offence if the accused has already been convicted of a serious personal violence offence.
Any serious indictable offence involving a weapon.
Any offence that involves the cultivation, supply, possession, manufacture or production of a commercial quantity of a prohibited drug or plant.
Any offence that involves the possession, trafficking, cultivation, sale, manufacture, importation, exportation or supply of a commercial quantity of a serious drug.
Any serious indictable offence committed by an accused who is on bail or parole.
Any indictable offence committed while accused is subject to a supervision order, or the offence of failing to comply with a supervision order.
Attempting to commit, assisting, aiding, abetting, counselling, procuring, soliciting, being an accessory to, encouraging, inciting or conspiring to commit any of the above offences.

If you require legal advice or representation in relating to applying for bail or in any other legal matter, please contact Armstrong Legal.

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