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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

- Client

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.

- 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 Fernanda Dahlstrom - Content Editor - Brisbane

Fernanda Dahlstrom has a Bachelor of Laws, a Bachelor of Arts and a Graduate Diploma in Legal Practice. She has also completed a Master’s in Writing and Literature. Fernanda practised law for eight years, working in criminal defence, child protection and domestic violence law in the Northern Territory and in family law in Queensland.

Murder (NSW)

Murder is one of the most serious criminal offences in New South Wales. It shares a close relationship to the offence of manslaughter. The difference between murder and manslaughter is that murder involves the killing of another person where the accused intended to kill or seriously injure the victim. Manslaughter is the unintended killing of a person as the result of an assault where serious harm was not intended or foreseen.

The maximum penalty for murder in New South Wales is imprisonment for life. However, lesser penalties can be imposed for murder.

Legislation

The offence of murder is contained in section 18 of of the Crimes Act 1900. The section states that murder occurs when an act or omission of the accused is done with reckless indifference to human life or with the intent to kill or inflict grievous bodily harm upon a person, or in an attempt to commit, or during or immediately after the commission, of a crime punishable by imprisonment for life or for 25 years.

A homicide offence that does not amount to murder is manslaughter.

What must be proven?

To find a person guilty of murder the prosecution must prove each of the following matters beyond a reasonable doubt:

That the accused did an act or failed to do an act;
That the act, or failure to act, resulted in the death of another person; and
That the accused either:
- intended to kill the person;
- intended to cause the person really serious bodily injury; or
- acted with reckless indifference to human life; that is, you foresaw that it was probable that death would result.

What acts may constitute murder?

The following acts can form the basis for a charge of murder.

Shooting someone in the head or chest from close range;
Being the getaway driver for two friends who take a loaded sawn-off shotguns into a bank and fatally shoot someone in the process;
Purposefully not feeding your two-year-old child;
Demolishing or blowing up a building without checking whether or not anyone is inside;
Fatally attacking someone with a baseball bat because you want to seriously injure them; or
Pushing someone off a 30-meter cliff.

Possible defences

A person charged with murder can validly defend the charge by arguing any of the following defence.

Self-defence

A person is not guilty of a criminal offence if they killed a person in self-defence. This is because the courts recognise that people have the right to defend themselves from physical attacks and threatened attacks. The defence of self-defence includes defending someone else from a physical attack.

When an accused raises the defence of self-defence, the onus is on the prosecution to prove beyond a reasonable doubt that the accused did not kill the victim in self-defence. If this cannot be proven, the accuse must be found not guilty.

For a person to be found not guilty based on a defence of self-defence, the accused must have had a reasonable belief that their actions were necessary in self-defence. What it is reasonable to do in self-defence depends on the nature and extent of the threat faced.

Extreme provocation

Extreme provocation is a partial defence to murder. This means that if proven, it reduces the verdict of murder to the alternative verdict of manslaughter.

A person can argue extreme provocation as a partial defence to murder if:

they acted in response to the victim’s conduct;
the victim’s conduct was a serious indictable offence;
the victim’s conduct caused the accused to lose self-control;
the victim’s conduct was such that it could have caused an ordinary person to lose self-cotnrol to the point of intended to kill or cause serious harm to the victim.

A non-violent sexual advance is not extreme provocation.

Lawful excuse

Section 18 of the Crimes Act provides that a person is not guilty of murder if they had a lawful cause or excuse for their actions. An example of this may be where a surgeon carries out a surgical procedure that involves a serious injury (such as an amputation) and the patient dies.

Misfortune

Section 18 of the Crimes Act provides that a person is not guilty of murder if they kill a person by misfortune only.

Jurisdiction

Murder is a strictly indictable offence and must be finalised in the Supreme Court.

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

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