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

Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.

- Client

I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.

- Client

Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!

- 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.

Manslaughter (NSW)

The offence of manslaughter is one of the most serious criminal offences in New South Wales and is closely related to murder. While a murder involves an offender killing a victim with the intention of killing them, causing them really serious injury, or acting with reckless indifference to human life, manslaughter occurs when a victim dies as the result of an act or omission where death or really serious injury was not intended.

Any unlawful homicide that is not a murder may be manslaughter. Manslaughter is commonly charged where a person committed an unlawful and dangerous act which resulted in the death of another person.

The maximum penalty for manslaughter is imprisonment for 25 years.

Legislation

The offence of manslaughter is largely contained in common law principles. In New South Wales, it is also codified in section 18 of the Crimes Act which states that any punishable homicide that does not amount o murder, shall be taken to be manslaughter.

This provision also states that no act or omission which was not malicious, or for which the accused had lawful cause or excuse, or which kills a person by misfortune only, shall be punishable under this section. This means that if a person is charged with manslaughter as the result of an accident or where they had a lawful excuse for their actions, they have a valid defence.

What may constitute manslaughter?

A person may be found guilty of manslaughter where:

They punched someone who fell and hit their head on concrete and died;
They were a builder who failed to secure the scaffolding on a house, resulting in the death of their apprentice; or
They fatally shot a bushwalker while on a hunting trip.

Defences

A person can validly defence a charge of manslaughter by arguing:

Self-defence

Self-defence is a full defence to the charge of manslaughter. If a person kills another person in self-defence, they are not guilty of any criminal offence. Rather, their actions amount to justifiable homicide.

For a defence of self-defence to succeed, the accused must demonstrate that they reasonably believed that their actions were necessary in self-defence. What it is reasonable to do in self-defence depends on the circumstances and the nature of the threat that was faced.

Once an accused has raised self-defence, the prosecution must prove beyond a reasonable doubt that the accused did not commit the offence in self-defence.

Duress

A person is not guilty of an offence if they committed the offence as a result of duress. Duress exists when a person is subjected to serious and immediate threats against their life if they do not comply with the threat. The rationale behind the defence of duress is that a person should not be held criminally responsible for an act that they were essentially ‘force’ to carry out by someone else.

For a defence of duress to succeed, the accused must prove:

that a threat of death or serious harm to them or someone else was made;
that the threat was so serious that a person of ordinary firmness and courage and of the accused’s sex and maturity would have yielded to it;
that the accused acted as he or she did because of the threat.

Jurisdiction

The offence 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.

WHERE TO NEXT?

If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.

WHY CHOOSE ARMSTRONG LEGAL?

1300 038 223

Sydney Office

Level 35
201 Elizabeth Street
Sydney NSW 2000

Melbourne Office

Level 13
575 Bourke Street
Melbourne VIC 3000

Brisbane Office

Level 5
91 North Quay
Brisbane QLD 4000

Canberra Office

Level 9
Nishi, 2 Phillip Law Street
Canberra ACT 2601

Perth Office

Suite 207
22 St Georges Terrace Perth