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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."
The Defence of Provocation (Qld)
In Queensland, the defence of provocation can be used as a full defence to a charge of assault or as a partial defence to a charge of murder. The defence is codified in sections 268 and 269 of the Criminal Code Act 1899. In recent years, Queensland has debated whether it remains appropriate to retain the defence of provocation in modern society or whether it ought to be altered or repealed entirely.
What is provocation?
Provocation is defined as a wrongful act or insult that is serious enough to be likely to deprive an ordinary person of their powers of self-control and induce them to assault the victim. The act must be done in the heat of the moment in response to provocation and it must be proportionate to the provocative conduct (Section 269).
The defence of provocation can be relied on where the provocation was directed at someone other than the accused – for example, a family member.
In Queensland, provocation can be used as a full defence to assault. Provocation cannot be used as a full defence to assault in any other Australian jurisdiction.
Partial defence to murder
In Queensland, the defence of provocation can be used as a partial defence to a murder charge. If a person who has killed intentionally or recklessly can demonstrate:
- That they were responding to provocation;
- That they acted in the heat of the moment; and
- That they lost self-control
The accused will be found not guilty of murder and guilty of the alternate charge of manslaughter.
While Queensland retains provocation as a partial defence to charges of murder, several other Australian jurisdictions have now abolished this defence.
Loss of control
The ‘loss of self-control’ referred to in the law of provocation is not literal. When a person loses control completely of their physical actions, they are acting involuntarily (or as an automaton) and cannot be held responsible under the criminal law. In a situation of provocation, the loss of self-control refers to a state where self-control would be difficult, but not impossible.
History of provocation
The defence of provocation has its origins in medieval times when it was seen as cowardly for a man to overlook an insult, whether it was a verbal insult or actions like adultery with his wife. If a man killed in these circumstances he was seen as blameworthy, but not deserving of punishment for murder.
Allegations of insults or rejection by a female partner are often advanced in provocation defences. The controversial ‘gay panic defence’, where a person accused of murder could be acquitted of murder and found guilty of manslaughter if they could show that the victim made an unwelcome homosexual advance to them, was only abolished in Queensland in 2017. Indignation about the continued existence of the gay panic defence until a few years ago led to a broader debate about the ongoing utility of the provocation as a defence in modern society.
However, provocation can also be argued in circumstances where a woman has been the victim of domestic violence and kills her abuser, because of a reasonable belief that it was necessary to do so to protect herself from death or grievous bodily harm.
Criticisms of the defence
Critics of the defence of provocation argue that the defence legitimises men’s violent responses to rejection and can lead to victims being blamed for their own deaths.
Advocates of abolishing the defence of provocation say that anyone who kills intentionally or recklessly should be found guilty of murder, regardless of provocation and that no one should be able to rely on the actions or words of their victim to excuse such an act.
Support for the defence
Supporters of the defence of provocation argue that it should be retained in recognition that individuals have frailties and may react differently to provocative conduct. The fact that Queensland law has a mandatory life sentence for murder is also cited as a reason for retaining the defence of provocation, as it allows people who kill under extenuating circumstances to have the context of their offending recognised and a lesser penalty imposed.
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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