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With a cramped time frame, she did in 3 days what another firm dilly-dallied for 7 months. Lisa kept me informed. Helena made me feel comfortable in a sticky situation.

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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.

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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

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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 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.

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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.

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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.

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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!!!!

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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

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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.

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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.

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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.

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This article was written by Samira Ashkar - Senior Associate - Sydney

Samira holds a Bachelor of Laws and a Bachelor of Science (Psychology) from the University of Wollongong. She also has a Masters of Dispute Resolution from the University of Technology Sydney and has completed a Graduate Diploma in Legal Practice. Samira is admitted as a solicitor in New South Wales but is also highly experienced in Australian federal law areas...

Affray, Riot and Violent Disorder (NSW)

In New South Wales, the offences of affray, riot and violent disorder involve violent conduct towards other people, or property, where the offender deliberately causes, or intends to cause, injury or damage to someone. The victim does not actually have to be harmed by the accused but only needs to feel as though their personal safety is at risk. These offences can attract serious penalties.

Affray

The offence of affray occurs when a person uses, or threaten to use, unlawful violence towards another person, and where the accused’s conduct would cause an ordinary person to fear for their safety. The offence of affray is contained in section 93C of the Crimes Act 1900 (NSW).

If a person is found guilty of affray they are liable to up to 10 years imprisonment if dealt with by the District Court or a maximum of two years imprisonment if dealt with by the Local Court.

What must be proven?

A person is guilty of affray if they deliberately use, or threaten to use, unlawful violence against another person, which causes a person, or people, present to fear for their personal safety. Verbal threats alone are not enough. To constitute an affray, two or more people only need to be present and their conduct is taken into consideration both individually and collectively to determine the severity of the offence.

An example of an affray is a mass gathering of people who become violent in a public place and an onlooker believes their personal safety is at risk. That person does not necessarily have to be present at the scene for the charge to be laid.

Riot

A riot involves 12 or more people (a riot group) who are collectively using or threatening unlawful violence, and their conduct would cause fear for the personal safety of other people present. Riot falls under section 93B of the Crimes Act 1900.

A riot may occur in a public or private place. The riot group must all be present at the scene. It is not relevant whether or not the members of the riot group threaten unlawful violence simultaneously.

A person is guilty of riot only if the person intends to use violence or is aware that his or her conduct may be violent. If a person is found guilty of riot they may be liable to 15 years imprisonment if dealt with by the District Court or a maximum of two years imprisonment if dealt with by the Local Court.

Violent Disorder

The offence of violent disorder is governed by section 11A of the Summary Offences Act 1988. The offence occurs when three or more people are using or threatening unlawful violence, and their conduct, as a group, would cause fear for the personal safety of other people present. The three or more offenders must be present at the scene; however, the victim need not be present.

An example of violent disorder would be damaging a vehicle with a baseball bat where the actions of the accused cause fear for the personal safety of another person.

If a person is found guilty of violent disorder they may be liable to up to 6 months imprisonment or a $1100 fine.

Defences available to Affray and Public violence offences

The defence of self-defence is the most common defence used in a charge of affray and public violence offences. For this defence to succeed, the accused would have to show that their actions were committed out of genuine fear for their personal safety and that they acted proportionately in the circumstances.

It also may be possible to mount a defence based on ‘necessity’ or ‘compulsion’, i.e. the accused’s involvement in the affray or public violence offence was the result of another consideration and that their actions were necessary to prevent greater harm from occurring.

The defence of duress (though rare) could also be argued to defend a charge of affray or public violence. This is when the accused argues that they were compelled to carry out the act that makes up the offence in response to an immediate threat to their life or of serious harm to themselves or another person and that the act was only carried out to avoid the threat of serious harm being carried out.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.

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