ACT Criminal Law
National Criminal Law
NSW Criminal Law
QLD Criminal Law
VIC Criminal Law
WA Criminal Law
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."
Dogs and Cats and the Law (NSW)
The Companion Animals Act sets out the responsibilities that owners and councils in New South Wales have in respect of domestic dogs and cats. It also provides for what steps can be taken by councils and courts if a dog or cat is not adequately controlled. The Crimes Act 1900 also contains criminal offences involving dogs and the Companion Animals Act sets out the steps that courts can take in relation to dogs involved in those offences. It also contains provisions about the use of assistance animals by disabled people. The NSW legislation on animal cruelty is the Prevention of Cruelty to Animals Act.
Responsibilities of owners of dogs and cats
Section 9 of the Companion Animals Act provides that dogs and cats must be registered from the age of six months and section 8 states that such animals must be identified prior to being sold.
The act provides that dog owners must take certain steps, such as ensuring the dog is collared and tagged (Section 12), ensuring that the dog prevented from escaping the property it lives on (Section 13), that it is kept under control when in public (Section 13) and that it must not be encouraged to attack (Section 17).
Responsibilities of councils
Section 11A provides that when a dog or cat is killed by traffic, the council must take reasonable steps to find the owner of the animal and notify them that the animal has been killed.
Nuisance dogs and cats
A dog causes a nuisance by defecating on property, barking, chasing persons or vehicles, endangering health or causing damage to property. A cat causes a nuisance by damaging property or making noise.
If a dog or cat causes a nuisance, a council can issue an order to the owner requiring them to prevent the behaviour causing the nuisance from continuing or recurring.
An owner can object to a nuisance dog order within 7 days of the notice being given. If the owner does not object to the order within 7 days, the council may issue it.
A nuisance cat order stays in force for six months and failure to comply with such an order can attract a fine of 3 penalty units for a first offence and 8 penalty units for a second or subsequent offence.
Dangerous and menacing dogs
Under the Act, a council may declare a dog to be a dangerous dog or a menacing dog.
A dog can be declared dangerous if it has done any of the following:
- attacked or killed a person or another animal without provocation;
- repeatedly threatened to attack;
- repeatedly chased a person or animal;
- if the dog is kept for hunting.
A dog can be declared menacing if it has done any of the following:
- displayed unreasonable aggression towards a person or another animal;
- without provocation, attacked a person or animal (but has not caused serious injury).
When an owner is notified of a proposed declaration by the council that their dog is a dangerous or a menacing dog, they must ensure that it is under effective control and has a muzzle on whenever it is away from the owner’s property until the order is made or discontinued. If the order is made, the owner must obtain a permit to own the dog within seven days of the order taking effect. It is an offence punishable by 50 penalty units to own a dangerous dog without a valid permit.
The owner of a dangerous dog must:
- Have the dog desexed;
- Never leave a person under 18 in charge of the dog;
- Keep the dog in an enclosure;
- Display a sign on the property reading ‘Warning dangerous dog’;
- Keep the dog on a lead and muzzled when outside its enclosure;
The owner of a menacing dog must:
- Keep the dog under effective control, leashed and muzzled when outside its property.
Failure to comply with these control requirements can attract a fine of up to 150 penalty units.
Offences under the Crimes Act involving dogs
Under Section 35A of the Crimes Act 1900, a person who has control of a dog and causes it to inflict grievous bodily harm on another person is guilty of an offence and can be sentenced to up to ten years imprisonment. A person who causes a dog to inflict actual bodily harm on a person is guilty of an offence and can be sentenced to up to five years imprisonment.
When a person is found guilty of this offence, a court may make a control order or an order for the destruction of the dog.
A control order requires the owner of the dog to take action to prevent or reduce the likelihood of the dog causing injury – for example. desexing the dog or training it. A destruction order means the dog must be euthanised.
The court may only make a destruction order if it is satisfied that a control order would be insufficient to protect the public from the animal.
The Companion Animals Act provides that a person who has a disability is entitled to have an assistance animal with them in any public place or on public transport. A person must not be refused entry because they have an assistance animal with them.
If you require legal advice in any matter please contact Armstrong Legal.
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