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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.
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."
Do I Have a Valid Defence?
If you have been charged with drug offences, you may have a valid defence. This may be a legal defence, such as duress, or a factual defence, such as an alibi. There are many reasons that a person may be found not guilty of drug offences by the court. These include:
- There is not enough evidence to prove that they committed the offence;
- The police acted illegally or improperly and therefore some of the evidence is inadmissible;
- The accused has a valid legal or factual defence.
This article deals with common defences to drug charges.
Common Defences to Drug Charges
Some commonly advanced defences to drug offences are outlined below.
Drugs Were For Personal Use Only
Section 29 of the Drug Misuse and Trafficking Act 1985 provides that if a person has a quantity of a drug that is more than the trafficable quantity of that drug, they are deemed to have it in their possession for the purpose of supply. This is commonly referred to as deemed supply. However, section 29(a) states that an offender will not be deemed to have the drug for supply if they prove they had it in their possession for a purpose other than supply (ie. for their own use only).
The criminal lawyers at Armstrong Legal have been very successful in defending clients for supply drugs utilising this defence. On occasions it may be necessary to call an expert witness to establish the amount of drugs in your possession was not excessive.
Police Cannot Prove Possession
The police must prove beyond a reasonable doubt that you knew of the existence of the drug in your physical custody or control. Quite often the police will find drugs within a car or in a house during a search warrant. The police must prove that you knew of the existence of the drug within the car or house and you knew that the substance was a drug. Where a car or house is used by many people it may be that the police cannot prove that it was you who had possession of the drugs and not someone else.
The defence of duress involves an extremely serious threat to an accused or their family involving the death or serious injury of the accused or their family. When rasing duress, an accused must call evidence about the following:
- The making of an actual threat,
- That the threat must be of death or serious injury to the accused or his family,
- That the threat was of such gravity that a person of ordinary firmness of mind and will, and of the same sex and maturity as the accused, would have yielded to the threat in the way that the accused did, and
- That the accused acted as he did because of the threat which was still acting on his mind at the time of the criminal act.
- For such a threat to be effective it must be continuing and be seen to be continuing and such threat will not be continuing and effective if the accused has a reasonable opportunity to render the threat ineffective.
The accused bears an evidentiary onus in relation to the defence of duress. Once the accused discharges the evidentiary onus the prosecution must prove that the accused acted voluntarily and in order to do so must eliminate any reasonable possibility that he acted under duress.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
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All charges relating to drug possession and self-administering a drug are finalised in the Local Court in New South Wales.…
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