ACT Criminal Law
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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."
Assault Causing Death (One Punch Laws)
Assault causing death is one of the few criminal offences in New South Wales where mandatory minimum sentences apply. It is an offence that was introduced as part of a suite of “one punch laws” that were introduced in 2013 after a number of highly publicised one punch deaths. Mandatory minimum terms of imprisonment apply for persons who cause of death of another person in particular circumstances.This article outlines the offence of assault causing death in New South Wales.
What is assault causing death?
A person is guilty of this offence if they commit an assault:
- By intentionally hitting;
- With any part of the person’s body or an object held by the person;
- The assault not being authorised or excused by law; and
- The assault causes the death of the other person.
Assault causing death while intoxicated
This maximum penalty for assault causing death increases to 25 years where the assailant is intoxicated. The definition of “intoxicated” is not clear from the legislation, but the legislation indicates that someone with a blood alcohol level of 0.15g/L would be regarded as being intoxicated. If a person commits the offence of “Assault Occasioning Death” whilst intoxicated they face a mandatory minimum non-parole period of eight years.
Longer penalties than for manslaughter
This mandatory minimum sentence is significant because the majority of manslaughter penalties that are imposed by courts carry non-parole periods of between three and six years non-parole. A close examination of the statistics shows that, of the 189 sentences for the offence of manslaughter between July 2006 and June 2013, only 15 of them were of eight years or more. In other words, assault causing death attracts higher penalties than the penalties that would have been imposed had the offender been prosecuted for the offence of manslaughter.
Several other implications flow from this mandatory minimum penalty. One of these is that there is little motivation for most defendants to plead guilty, as courts do not have the discretion to impose a more lenient sentence than that stipulated as the mandatory minimum. A discount for an early appropriate guilty plea is therefore unlikely to be possible.
It remains to be seen precisely how this new section will be applied and the way in which the courts will deal with people who are being prosecuted for the offence of assault causing death. What is clear is that any person so prosecuted will require a very high quality of representation to ensure that their interests are protected in what is not only a very technical area of law but also an area of law that tends to attract a lot of media coverage.
If you have been charged with assault causing death or if you suspect you may be it is essential that you contact us as soon as possible so that you can be properly advised.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
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