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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

- Client

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.

- Client

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.

- Client

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.

- Client

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.

- Client

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!!!!

- Client

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

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 Michelle Makela - Legal Practice Director

Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning. Michelle has been involved in all practice areas of the firm and in her personal practice has had experience in litigation at all levels (state and federal industrial tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal...

How a Court Determines Whether to Grant Bail

The process for determining whether to grant bail depends on what offence you are charged with. The Bail Act 1977 divides offences into three categories:

Offences with a presumption of an entitlement to bail
Show Cause Offences
Offences for which bail must be refused unless there are exceptional circumstances

There is a presumption that an accused person is entitled to bail for all offences that do not fall into the second and third categories.

Regardless of the offence, the court must consider whether there is an unacceptable risk that the person would:

fail to answer their bail by attending court;
commit an offence whilst on bail;
endanger the safety or welfare of members of the public;
interfere with witnesses or otherwise obstruct the course of justice.

Criteria for Assessing “Unacceptable Risk”

In determining whether or not there is an unacceptable risk, the court will consider the:

nature and seriousness of the alleged offence;
accused person’s character, criminal history, associations, home environment and background;
history of any previous grants of bail to the accused person;
strength of the prosecution evidence;
attitude, if expressed to the court, of the alleged victim to the grant of bail.

If there is an unacceptable risk the court must consider whether there are conditions that may be imposed to address the circumstances which create an unacceptable risk.

The court can only impose conditions to reduce the likelihood a person will do one of the things that constitute an unacceptable risk. Conditions must also be reasonable having regard to the alleged offence and the accused person’s circumstances.

Show Cause Offences

Certain offences first require the person to show cause why their detention in custody is not justified, before the court considers the issue of unacceptable risk. These include:

any offence committed whilst the person was on bail;
indictable offences committed while the person was awaiting trial for another indictable offence;
contravening a Family Violence or Personal Safety Intervention Order by using or threatening violence and where the person has been convicted or found guilty of similar offences in the past 10 years;
other serious offences such as aggravated burglary, arson causing death and cultivating a narcotic plant;
some serious Commonwealth offences.

Offences for Which Bail Must be Refused Unless Exceptional Circumstances

Bail must be refused for the following offences unless the accused person can show that exceptional circumstances exist and there is not an unacceptable risk:

murder
treason
trafficking a large commercial quantity or commercial quantity of drugs
cultivating a large commercial quantity or commercial quantity of narcotic plants
certain offences relating to the importing, exporting or possessing of commercial or marketable quantities of border controlled drugs or plants (Commonwealth offences)

You should get legal advice as soon as possible if you or a family member has been refused bail so that you can get an understanding of which category the case falls into and what the prospects are of being granted bail. Contact Armstrong Legal.

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