ACT Criminal Law
National Criminal Law
NSW Criminal Law
QLD Criminal Law
VIC 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."
Private Prosecutions (Qld)
A private prosecution occurs when the complainant in a criminal matter, rather than the state, prosecutes the alleged offender. In Queensland, a private prosecution can be initiated by a natural person or by a corporation.
Private prosecutions usually occur when police have decided not to prosecute an alleged offender after a complaint has been made.
A private prosecution can be commenced for any alleged criminal offence including summary offences (those heard in the Magistrates Court or Children’s Court) and indictable offences (those heard in the higher courts).
Successful private prosecutions
In 2020, the Guardian Australia reported that a Queensland woman had successfully prosecuted her former partner for family violence offences in a private prosecution. The woman took the unusual step of commencing a private prosecution after the police refused to charge the man.
In 2011, a homeless man in Brisbane successfully ran a private prosecution against the police for assaulting him at a public toilet. The man had originally been found guilty of obstructing police and disobeying a lawful direction when he failed to leave the toilet when the police told him to do so. On appeal, this decision was reversed. He subsequently initiated the private prosecution.
A private prosecution for a summary offence is initiated by filing a private complaint in the Magistrates Court. The complaint must be served on the defendant with a summons requiring their attendance at court on the day the matter is listed.
Private prosecutions for indictable offences require leave to be given by the Supreme Court. If leave is granted, the complainant must present an ex officio indictment following the process set out in Section 686 of the Criminal Code 1899. The prosecution then proceeds the same as a prosecution commenced by the Crown.
Preparing a complaint or indictment
The complaint or indictment must be made in the prescribed form and must include all the necessary information. If it does not include all the information required, it is invalid.
A complaint alleging a summary offence must include:
- An adequate description of the alleged offence/s;
- Details of what is alleged as forming the basis of the charge/s;
- The time, place and manner of act/s alleged;
The complaint must be supported by adequate evidence. If the court considers a complaint to be an abuse of process or to be frivolous or vexatious, it may strike it out.
A person bringing a private prosecution can be represented by a lawyer or they can represent themselves.
If an accused person is found guilty after a private prosecution, they will proceed to be sentenced in the same way as anyone else who is found guilty of criminal charges. They may be sentenced to imprisonment, to a fine, community work, or a good behaviour bond, among other orders.
In private prosecutions, the parties must pay the costs associated with the proceedings. However, under some circumstances, the court will make orders for costs. Costs may be ordered against the accused if he or she is found guilty or against the complainant if the court finds the complaint was frivolous or vexatious.
If you receive a private complaint
If you receive a private complaint, you should read it and the summons carefully and note the date and time you are required to attend court. You should contact a lawyer as soon as possible to obtain advice and representation.
If you require legal advice or representation in a criminal matter or in any other legal matter, please contact Armstrong Legal.
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