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I will definitely be using your company in the future if needed. Lisa kept me at ease also there were no grey areas with great advice. Helana is a great front of house.
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."
Lawful Correction of a Child
The law has always acknowledged that it is acceptable for a parent to punish a child using force. Up until 2002, we relied upon judges to decide what is acceptable behaviour when punishing a child and what actions are not acceptable and therefore fall into the category of unlawful assault. In 2002, laws were put in place in New South Wales which provide clarity as to what is and is not acceptable for the purpose of lawful correction of a child. The law now sets out the circumstances in which the defence of lawful correction of a child can be raised as a defence to a charge of assault in New South Wales.
Section 61AA of the New South Wales Crimes Act sets out when a person who has been charged with an assault upon a child can raise a defence of lawful correction. To successfully rely on the defence an accused would have to prove:
- The force used on the child was for the punishment of the child;
- The force was applied by a parent or a person acting in the role of a parent;
- The force was reasonable having regard to the age, health and maturity of the child, the nature of the child’s misbehaviour and other circumstances.
The force will not be reasonable if:
- It is applied to the neck or head of the child unless it was trivial or negligible.
- The force is likely to cause harm to a child that lasts for more than a short period.
Who may rely on the defence of lawful correction of a child?
The defence of lawful correction of a child may be relied on by a parent of the child or a person acting in loco parentis. This means that a person acting in the place of a parent, someone who temporarily has the care of the child, may also lawfully discipline the child with reasonable force – for example, a smack.
A parent is defined in the Crimes Act as a person having all the duties, powers, responsibilities and authority in respect of the child which, by law, parents have in relation to their children. A person acting in the role of a parent of the child is defined to mean one of the following persons:
- A step-parent of the child, a de facto spouse of a parent of the child, a relative (by blood or marriage) of a parent of the child or a person to whom the parent has entrusted the care and management of the child, and
- A person authorised by a parent of the child to use physical force to punish the child, or who, in the case of a child who is an Aboriginal or Torres Strait Islander (within the meaning of the Children and Young Persons (Care and Protection Act 1998), is recognised by the Aboriginal or Torres Strait Islander community to which the child belongs as being an appropriate person to exercise special responsibilities in relation to the child.
Onus of proof
Where a person is charged with assaulting a child and advances the defence of lawful correction of a child, the accused bears the onus of proving that their actions fell within the ambit of what is acceptable behaviour under Section 61AA of the NSW Crimes Act.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
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