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."
The Defence of Self-Defence
Self-defence is a valid defence to most violent offences in New South Wales, including assault, manslaughter and murder. If a court accepts that an accused was acting in self-defence or in defence of another person, it will acquit them of the offence. Successfully relying on the defence of self-defence requires an accused to demonstrate that they believed that their actions were necessary and reasonable in the circumstances. The defence of self defence is set out in Part 11 Division 3 of the Crimes Act 1900.
Section 418 of the NSW Crimes Act 1900 outlines when the defence of self-defence is available. That provision states that a person is not criminally responsible for an offence if they carried out the conduct in self-defence. A person carries out conduct in self-defence if they believe their conduct is necessary:
- to defend themself or another person; or
- to prevent or terminate the unlawful deprivation of their liberty or the liberty of another person; or
- to protect property from unlawful taking, destruction, damage or interference; or
- to prevent criminal trespass to any land or premises or to remove a person committing any such criminal trespass;
AND the conduct is a reasonable response in the circumstances as the accused perceived them.
Onus of proof when raising self-defence
If a person charged with a violent offence wants to rely on the defence of self-defence, they must raise the defence. The prosecution then has to prove beyond a reasonable doubt that the accused was not acting in self-defence. To do this the prosecution must show either:
- That the accused did not genuinely believe that it was necessary to act as they did in their defence or in defence of another;
- That what the accused did was not a reasonable response to the danger, as they perceived it to be.
What must the court consider?
There are two questions that must be asked by a court when an accused raises self-defence. These are:
- Is there is a reasonable possibility that the accused believed that his or her conduct was necessary in order to defend himself or herself; and,
- If the answer to the first question is yes, is there also a reasonable possibility that the accused’s actions were a reasonable response to the circumstances as they perceived them.
The first question is determined by considering the personal characteristics of the accused and the situation as they perceived it at the time they carried out the conduct. It is, therefore, an entirely subjective test.
The second question is determined by an entirely objective assessment of the proportionality of the accused’s response to the situation as they perceived. The accused need not have had reasonable grounds for their belief that it was necessary to act in the way they did in order to defend themselves. It is sufficient if the accused genuinely held that belief.
The jury is not assessing the response of a reasonable person but the response of the accused. In making that assessment it is obvious than some of the personal attributes of the accused will be relevant just as will be some of the surrounding physical circumstances in which the accused acted. Therefore, matters such as the age of the accused, their gender, or the state of his or her health may be regarded by the jury.
What if the accused was intoxicated?
If the accused was intoxicated at the time the acts were committed, their intoxication will be taken into account when the court is assessing their defence of self-defence. However, their intoxication will only be relevant to the assessment of the belief they held as to what conduct was necessary in their self-defence in the circumstances they perceived. A person who is drunk may perceive circumstances differently to a sober person. However, the accused’s intoxication will not be taken into account when assessing whether their response was reasonable in the circumstances.
If you require legal advice or representation in any 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.
WHY CHOOSE ARMSTRONG LEGAL?
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