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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."
In New South Wales common assault carries a maximum penalty of two years imprisonment and/or a fine of 50 penalty units. A person is often charged with common assault where he or she assaults another person, but does not cause an injury amounting to actual bodily harm (for example bruising or scratches) or grievous bodily harm (e.g. causing loss of sight, complicated fractures or significant injuries requiring surgery).
What is Common Assault?
An assault is an act that causes another person to apprehend immediate and unlawful violence. While most assaults involve unwanted physical contact an assault does not necessarily require actual physical contact. All it requires it that the victim apprehends physical contact. So if, for example, a person raises his or her fist to another person, an assault could be found to have occurred, despite the other person not actually being hit. At law this is known as the distinction between “battery” (causing physical contact) and “assault” (causing the apprehension of physical contact).
The following acts constitute common assault:
- Punching, hitting, slapping, pushing or kicking another person;
- Raising a fist towards a person as though to hit that person;
- Spitting upon another person;
- Threatening to hurt another person;
- Throwing an item (such as a bottle) at another person (whether or not it makes contact);
- Physically restraining someone against their will.
Common assault can cover a range of actions and injuries, It is a less serious offence than assault occasioning actual bodily harm (AOABH) or causing grievous bodily harm (GBH), which involve harm to the victim. It is not uncommon for the police to charge a person with AOABH where the alleged conduct would sit comfortably within the definition of common assault.
Thoroughly understanding the definitions of common assault and AOABH is critical to successfully negotiating with prosecutors and can mean the difference between a person facing a maximum 2 years imprisonment for common assault or a maximum 5 years imprisonment for AOABH.
Which Court Will Hear the Matter?
Common assault is generally dealt with in the Local Court. However, the prosecution or defence can elect to have the matter dealt with in the District Court. If the matter is dealt with in the Local Court the maximum penalty is 2 years imprisonment and/or 20 penalty units.
What must be proven?
For a person to be found guilty of common assault, the prosecution must prove each of the following matters beyond a reasonable doubt:
- that the accused applied physical force to another person; or
- that the accused threatened another with immediate violence; and this was done:
- internationally or recklessly; and
- without the person’s consent; and
- without lawful excuse.
Possible Defences to Common Assault
A common assault charge can be defended by arguing that:
- The assault was committed in self-defence;
- The assault was an accident;
- The accused was acting under duress;
- The accused was too young and insufficiently developed to understand the nature of their actions (if the accused was under 14).
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
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