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."
Assault in Self Defence
In NSW it is an offence to physically assault, cause harm to or injure someone. A person also commits the offence of assault if they threaten someone to the extent that the victim believes physical violence or harm is imminent. There are many different types of assault offences in New South Wales. These offences range from minor assaults, including common assault to very serious assaults, such as inflicting grievous bodily harm with intent, which carries a maximum penalty of 25 years imprisonment. It is a full defence to any assault offence if the accused acted in self-defence and what they did was reasonable in the circumstances.
The Defence Of Self-Defence
Under NSW legislation, a person who successfully shows that they acted in self-defence will be acquitted of an assault offence. Division 3 of Part 11 of the Crimes Act 1900 contains a number of provisions concerning this defence. The primary provision is section 418 which states:
- A person is not criminally responsible for an offence if the person carries out the conduct constituting the offence in self-defence.
- A person carries out conduct in self-defence if and only if the person believes the conduct is necessary:
- to defend himself or herself or another person, or
- to prevent or terminate the unlawful deprivation of his or her liberty or the liberty of another person, or
- to protect property from unlawful taking, destruction, damage or interfere, 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 he or she perceives them.
When Will The Defence of Self Defence Succeed?
To raise the defence of self-defence you need to enter a plea of not guilty. Your matter will then proceed to a hearing or trial in which you can raise self-defence as the reason for your conduct which might otherwise have constituted the offence of assault. The prosecution will then need to prove that you were not acting in self-defence.
Self-defence can be raised by arguing:
- That the accused committed the assault to defend themself or another person;
- That they committed the assault because they or another person were being falsely imprisoned or held captive by someone else;
- To argue that they committed the assault because they were protecting the property from theft, destruction or damage; and
- To argue that they committed the assault because they were preventing someone from trespassing or removing a person who was trespassing.
Importantly, self-defence will only be successful if what the accused did was reasonable in the circumstances. This means that the response must have been proportionate to the threat, harm or crimes that they were responding to. For example, shooting someone who shoves you in the chest, or even punches or attacks you is unlikely to be found to be a reasonable response. Similarly, injuring a person who is trespassing on your property is unlikely to be reasonable. However, it all depends on the circumstances of the case.
What Assaults Might Be Done In Self Defence?
Examples of cases where self-defence can be successfully raised by someone charged with assault include:
- Punching a person who is hitting and punching you to get them to stop;
- Walking down a laneway and tackling the man you see beating and sexually assaulting a woman;
- Pushing someone in the chest because they are walking towards you, are very aggressive and are yelling, “I’m going to kill you!”; and
- Telling someone who has just poured petrol around a house not to set fire to it and then pushing them over and grabbing the lighter from their hand.
What The Police Must Prove
If a person is charged with an assault offence and raises self-defence, the police must negate the defence, that is to prove that what occurred was not actually done in self-defence. To prove that the accused was not acting in self-defence, the police will need to prove beyond a reasonable doubt:
- That the accused’s response was not reasonable in the circumstances; and
- Depending on which form of self-defence is raised:
- That when they committed the assault, they were not defending themself or another person;
- That when they committed the assault, they or another person were not being falsely imprisoned or held captive by someone else;
- That when they committed the assault, they were not protecting property from theft, destruction or damage; or
- That when they committed the assault, they were not preventing someone from trespassing or removing a person who was trespassing.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
In New South Wales, a person accused of murder can use extreme provocation as a ‘partial defence’. If a person…
Intoxication is sometimes thought to be a criminal defence. Rather than a defence as such, intoxication by alcohol or drugs…
A criminal defence is an argument used to justify the actions of a person charged with a criminal offence. A…
201 Elizabeth Street
Sydney NSW 2000
575 Bourke Street
Melbourne VIC 3000
91 North Quay
Brisbane QLD 4000
Nishi, 2 Phillip Law Street
Canberra ACT 2601
22 St Georges Terrace Perth