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."
Changes to the Defence of Mental Illness (NSW)
The Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) was assented to in June 2020 and will replace the previous Mental Health (Forensic Provisions) Act 1990 (NSW). Section 38 of the old act currently states that where evidence is given in court which shows that, at the time of the offence, a person was suffering from a mental illness and was not responsible for their actions, the jury must find them ‘not guilty by reason of mental illness’. This is what is known as the defence of mental illness in New South wales.
The definition of ‘mental illness’ which has traditionally been used for the defence of mental illness comes from a very old case called M’Naghten which describes insanity as:
‘A defect of reason, from disease of the mind, as not to know the nature and quality of the act [the defendant] was doing; or, if he did know it, that he did not know he was doing what was wrong.’
The reforms in the new act modify the wording in this provision to a ‘defence of mental health impairment or cognitive impairment.’ The new act introduces a statutory test stating that a person who had a mental health impairment or a cognitive impairment, or both, at the time of carrying out an act that would otherwise amount to an offence will not be criminally responsible if:
‘The impairment had the effect that the person did not know the nature and quality of the act; or that it was wrong because the person could not reason with a moderate degree of sense and composure about whether the act was wrong.’
A special verdict by a jury of ‘act proven but not criminally responsible’ due to mental health impairment or cognitive impairment is now required. The reforms also allow a special verdict to be entered by a court at any time in the proceedings if the defendant and the prosecutor agree.
If you require legal advice or representation in relation to the defence of mental illness or in any other legal matter, please contact Armstrong Legal.
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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.
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