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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.
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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."
Partial Defences To Murder
Partial defences to murder can be used to reduce a verdict that would otherwise be murder to manslaughter. The accused will be convicted of manslaughter, even though all of the physical elements of murder are proved. This article outlines partial defences to murder in New South Wales.
Partial defence to murder: Provocation
Section 23 of the Crimes Act outlines the defence of provocation. The defence applies where there is conduct which could deprive an ordinary person of self-control and which, in fact, deprived the accused of self-control.
There is no requirement that the killing must follow the provocative conduct immediately. The loss of self-control can develop after a prolonged period of abuse, without the need for a specific ‘triggering’ incident.
The defence of provocation is made up of four key elements:
1. Provocative Conduct by the deceased directed at or affecting the accused.
There must be conduct that occurs in the sight or hearing of the accused to which the accused reacts. The provocative incident must directly involve the accused and deceased, although the conduct may not be directed intentionally or specifically against the accused.
The provocative conduct must have caused the accused to lose control and kill the victim. When determining whether the accused lost self-control, the accused’s personal characteristics, including whether he or she was intoxicated, are considered. This is because the law appreciates that conduct which may not be provocative to one person may be provocative to another because of that person’s personal characteristics such as age, cultural background, physical features, relationships or past history.
3. An ordinary person in the accused’s position might have been provoked by such conduct.
The ordinary person is a person of the same age as the accused but does not have other personal characteristics, such as sexual preference, ethnic background, state of intoxication and physical disability.
4. An ordinary person in the accused’s position might have lost self-control to such an extent as to act as the accused did in resorting to the use of deadly force.
The accused has an ‘evidentiary burden’ such that he or she must provide some evidence that raises the possibility that he or she acted under provocation. The Crown must then prove beyond reasonable doubt that the accused was not acting under provocation.
Partial defence to murder: Substantial impairment by abnormality of mind
Section 23A of the Crimes Act outlines the defence of substantial impairment by abnormality of mind.
The accused must show on the balance of probabilities (that it was more probable than not) that:
1. At the time of the acts causing death, the accused’s capacity to understand events, or to judge whether their actions were right or wrong, or to control themselves, was substantially impaired by an abnormality of mind arising from an underlying condition.
“Abnormality of mind” refers to a state of mind so different from that of ordinary human beings that a reasonable person would deem it abnormal. However, the abnormality must arise from various specified causes. It must arise from a condition of arrested or retarded development of mind; may be induced by disease or injury; or may arise from an inherent cause (whether inherited or acquired from the environment provided it is not of a merely temporary nature). The court must disregard evidence of self-induced intoxication for the purposes of determining whether the accused was acting under an abnormality of mind.
Medical evidence as to whether the accused suffered from an abnormality of mind at the time of the offence is important when raising this defence. However, it is not always conclusive. The whole of the material may be considered, including the accused’s acts, statements, manner and demeanour. The jury is entitled to reject medical evidence if there is other material that, in the jury’s opinion, conflicts with the medical evidence and outweighs it.
2. The impairment was so substantial to justify reducing the accused’s liability for murder to manslaughter.
Section 22A of the Crimes Act governs the partial defence of infanticide. This defence applies where a woman willfully causes the death of her child within 12 months of birth but at the time of the act the balance of her mind was disturbed because she had not fully recovered from the effect of giving birth or by reason of the effect of lactation consequent upon the birth of the child.
If the defence of infanticide is successfully raised, the court will reduce a conviction of murder to a conviction of manslaughter.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
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