Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.
I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.
Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!
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."
Criminal Trials (NSW)
Criminal trials in New South Wales are heard in the District Court or Supreme Court when a person pleads not guilty to a serious indictable offence. The processes involved in a criminal trial are outlined below. Prosecution in these higher courts is done by the Department of Public Prosecution (DPP) which is also known as the Crown. The defendant is generally represented by a solicitor as well as a barrister. However, it is also possible for a defendant to self-represent in a trial, though this happens rarely.
Criminal trials are usually decided by a jury. Provisions concerning juries in New South Wales are found in the Jury Act 1977. In rare situations, a trial may be heard by a judge alone.
When criminal trials in New South Wales are to be decided by a jury, the jury panel is chosen before the trial commences. The jury is composed of 12 members of the public who are selected at random from the electoral roll. Both defence and prosecution have the opportunity to challenge potential jurors who they do not want to form part of the jury.
When the trial begins, the jury is summoned by the sheriff and brought into court when required. The Judge needs to make sure that the jurors hear and understand all the evidence that is called but that no legal argument is presented before them as this could affect their decision making.
The opening address of the Crown is a succinct statement of the nature of the charge/s and a brief outline of the Crown case. The prosecutor presents the facts of the case, from the prosecution’s perspective, and walks the jury through what it will try to prove — what the defendant did, how, and why.
Similarly, the defence begins by giving its opening address to the judge and jury whereby it indicate why the Crown case will ultimately fail. The defence gives the jury its own interpretation of the alleged facts and sets the scene for rebutting key prosecution evidence and presenting legal defences.
The prosecution will then methodically adduce evidence to convince the jury beyond a reasonable doubt that the defendant committed the crime. This means calling witnesses to give evidence of what they saw, heard or otherwise perceived that is relevant to the prosecution case. The prosecutor may also introduce physical evidence, such as photographs, documents, CCTV footage and medical reports. Each witness will give their evidence in a process known as examination-in-chief. The witness will then be cross-examined by the defence, which will try to expose weakness in their evidence, such as inconsistencies and matters they are not certain about. The prosecution then has the opportunity to re-examine its witness, if there are any matters that require clarification.
The defence then decides which, if any, witnesses it will call. The accused is not required to give evidence but may do so. In the event defence witnesses are called, the same process of evidence-in-chief, cross-examination and possible re-examination will occur.
Following the conclusion of the defence case, the prosecution will address the court and state its case, summing up the evidence that has been heard, arguing that the offence has been proven beyond a reasonable doubt and encouraging the jury to find the accused guilty.
The defence will then deliver its closing address, during which it will sum up the evidence that has been heard from the defence’s point of view and argue that the offences have not been proven beyond a reasonable doubt. It will urge the jury to find the accused not guilty.
Summary Of Case
The judge will then sum up the case and provide directions to the jury, which will involve explaining any relevant legal tests.
Jury Or Judge Deliberation
After the judge has finished summing up, the jury will be asked to retire and consider its verdict.
If the jury is able to reach a verdict, the court will reconvene and a foreperson who has been selected by the jury, will stand and in response to the judge’s questioning deliver a verdict of guilty or not guilty in relation to each charge.
If the jury is still deadlocked, a hung jury may be declared and the trial will come to an end. In this situation, the prosecution may seek a retrial or it may decide to abandon the matter.
In criminal trials that are heard by a Judge alone, it is the judge who deliberates.
Verdict in a Criminal Trial
If a guilty verdict was delivered, the matter will progress to a sentencing hearing. Evidence can be called by the defence at the sentencing hearing to highlight any mitigating circumstances. A sentencing report may also be ordered to assist the Judge to decide on the most appropriate sentence.
If a not guilty verdict was delivered, all charges are dismissed and the defendant is free to go.
Appealing after a criminal trial in New South Wales
If the prosecution or defence is unhappy with the outcome or believes that an error has been made, the party has 28 days to lodge an appeal in the Court of Appeal.
If you require legal advice or representation in relation to criminal trials in New South Wales or in any legal matter, please contact Armstrong Legal.
WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
WHY CHOOSE ARMSTRONG LEGAL?
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