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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.

- Client

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.

- Client

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.

- Client

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.

- Client

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!!!!

- Client

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

- Client

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.

- Client

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.

- Client

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.

- Client

"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."

This article was written by Michelle Makela - Legal Practice Director

Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning. Michelle has been involved in all practice areas of the firm and in her personal practice has had experience in litigation at all levels (state and federal industrial tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal...

Affray

In New South Wales, the offence of affray is contained in s 93C of the Crimes Act 1900. It carries a maximum penalty of 10 years imprisonment A person can be charged with affray if they use or threaten to use unlawful violence towards another person. These acts of violence or threats of violence must be serious enough to cause a person of reasonable firmness to fear for their personal safety. In other words, the acts or threats must be serious enough to make an ordinary bystander scared of being injured or harmed by the person charged. This is a question of degree – the more aggressive the threats or the more serious the violence the more likely it is that a person of reasonable firmness would be concerned for their safety.

What Actions Might Constitute Affray?

Common examples of the offence of affray include:

Getting into a fight in front of one or more people;
Yelling and threatening to punch someone;
Road rage; or
Participating in a riot.

What the Police Must Prove?

To convict a person of affray, the prosecution must prove each of the following matters beyond a reasonable doubt:

They used, or threatened to use violence towards another person;
They intended to use or threaten to use violence;
Their actions would cause a reasonable person to fear for their personal safety; and
They did so without lawful excuse.

Possible Defences for Affray

A person charged with affray may validly argue in their defence that:

They did not use or threaten to use violence;
That a person of reasonable firmness would not have feared for their personal safety because of the conduct; or
That they were acting in self-defence.

Which Court Will Hear Your Matter?

This charge is a “Table 1” offence which means that either the person charged or the prosecution can elect to have the matter dealt with in the District Court. If neither party makes this election the matter will be finalised in the Local Court.

What Will Happen if I Plead Guilty to Affray?

If a person has been charged with affray and wants to plead guilty, they can inform the court of this at the first mention. The court may finalise the matter on the day or adjourn until another date to finalise the matter if there are other steps that need to be taken prior to sentencing. This may include gathering supporting documentation such as character references are applying to take part in a rehabilitation program (where alcohol or drugs are a factor in the offending).

The court then conducts a sentencing hearing and hears submissions from the defence about the circumstances of the offence, the accused’s personal circumstances, any other legal principles that are relevant and what the appropriate penalty might be. It then makes the appropriate sentencing orders.

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

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