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."
Is Official Inducement A Defence?
There is a whole range of circumstances where a person may seek out and be given advice by public officials, be they local council employees, police officers, or other government employees. From time to time this advice, whilst given in good faith, may in fact be legally inaccurate or incomplete. For example, a town planner at a local council might mistakenly tell a resident that they are entitled to make modifications to their home without first obtaining development consent or other formal approval. Another situation might be where a customer service officer at Centrelink incorrectly explains an individual’s specific reporting obligations.
In acting directly in response to such advice from a government official, if a person unknowingly commits a criminal offence, it only seems fair to expect that their good faith reliance on the advice would be a complete defence to any criminal charges that are subsequently brought against that person. Unfortunately, this is not the case in New South Wales, as confirmed in the recent decision of Environment Protection Authority v Unomedical Pty Limited (No 3)  NSWLEC 198. Following on from the High Court of Australia’s judgment in Ostrowski v Palmer  HCA 30, this decision of the Land and Environment Court of NSW confirms that courts will take a very strict approach and that because such an error falls into the category of “mistake of law” it cannot provide a defence.
If you’ve been charged with an offence in circumstances where you believe you have acted in good faith and relying on advice given to you, depending on the circumstances of the particular offence, there may be strong grounds to argue that the court should dismiss your matter pursuant to section 10 of the Crimes (Sentencing Procedure) Act 1999. The courts have recognized that, whilst not amounting to a complete defence, circumstances of official inducement are relevant considerations in determining the appropriate sentence and provide a basis for leniency (see for example, Environment Protection Authority v Fletcher (2001) 114 LGERA 187).
If you’re facing a situation where you believe you have been given some incorrect advice from a public official and are concerned about possible further action, it is important to seek specialist legal assistance as soon as possible to avoid criminal charges being brought. Contact the expert team at Armstrong Legal to make an appointment.
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…
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?
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