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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."
Intoxicated Persons and Criminal Law (Qld)
There are numerous legal implications of being intoxicated in a public place. An intoxicated person can be taken into custody if they are behaving in a way that is likely to cause harm to themselves or other people. Police are not allowed to interview a suspect about a crime whilst the person is intoxicated. Intoxication can also affect the weight given to the testimony of a witness if they are required to give evidence in court.
In Queensland, the Police Powers and Responsibilities Act 2000 (PPRA) sets out the powers and responsibilities of police in respect of intoxicated persons.
Power to detain and transport intoxicated persons
Under section 390E of the PPRA, Queensland police have the power to detain and transport an intoxicated person to a sober safe centre if they believe that the person is causing a nuisance or posing a risk of harm to themselves or to someone else.
Sober safe centre
If a person is detained because of their intoxication the police must inform them:
- That they are being detained and transported to a sober safe centre;
- That they will be seen and assessed by a healthcare professional before being admitted to the sober safe centre.
Intoxicated persons who are admitted to a sober safe centre may be detained for up to eight hours. They will be required to pay a fee for the use of the centre.
A person may be released from the centre if they are no longer intoxicated in the view of the staff or if they are taken to a place of safety by a responsible person.
Place of safety
When the police arrest a person for being intoxicated in public under section 378 of the PPRA, they may take the person to another place of safety rather than police custody to recover, if they think it is appropriate to do so. This may be a hospital if medical treatment is needed. It may also be a sobering-up shelter, the person’s home or the home of a friend or family member of the person.
However, the police may not release an intoxicated person into a place of safety if:
- They do not believe that a person at the place of safety is able to provide care for the intoxicated person;
- The intoxicated person’s behaviour poses a risk of harm to others.
If an intoxicated person is released to a place of safety other than their own home, the person in charge of the place must sign an undertaking to care for them. However, the intoxicated person cannot be compelled to remain at the place of safety.
Questioning intoxicated suspects
Under Section 423 of the PPRA, when police wish to interview a person who is affected by drugs or alcohol, they must delay the interview until the suspect is no longer affected by alcohol or drugs.
Intoxication as a defence
Intoxication can be used as a criminal defence only in very limited circumstances. Under section 28 of the Criminal Code Act 1899, a person whose mind is disordered by alcohol or drugs has a criminal defence only if their intoxication is involuntary. Involuntary intoxication is when a person is forced or tricked into taking alcohol or drugs.
However, where a criminal offence has a mental element of intent, an accused’s intoxication, whether it is voluntary or involuntary, may be taken into consideration in assessing whether they had such an intent.
Evidence of intoxicated persons
After a person witnesses an event whilst intoxicated, they may be called to give evidence. The evidence of a witness who was intoxicated is usually given less weight than would be given to the evidence of a sober witness. This is particularly so in situations where the witness is required to identify someone they did not know prior to the event or to recall a lot of detail about what occurred.
The fact that a witness was intoxicated does not necessarily mean their evidence will be compromised. However, it does mean that it is likely to be rigorously tested at cross-examination and any suggestion that their faculties were impaired by intoxication will be used to undermine its credibility.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
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