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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
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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.
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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.
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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.
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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.
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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.
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"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
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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...
Self Defence
A person charged with a violent offence has a full defence if they were acting in self-defence or in defence of another person. If the court accepts that the accused was acting in self-defence, they will be found not guilty and acquitted of the charge/s. Self-defence in Victoria was previously governed only by case law, but in 2014 was codified in section 322K of the Crimes Act 1958.
Legislation
Section 322K of the Act states that:
- A person is not guilty of an offence if the person carries out the conduct constituting the offence in self-defence.
- A person carries out conduct in self-defence if —
- the person believes that the conduct is necessary in self-defence; and
- the conduct is a reasonable response in the circumstances as the person perceives them.
- This section only applies in the case of murder if the person believes that the conduct is necessary to defend the person or another person from the infliction of death or really serious injury.
Elements of Self Defence
There are two key elements to the defence of self-defence in Victoria.
- The person believes the conduct is necessary in self-defence. This is a subjective test. It does not matter what a reasonable person would have done in the circumstances. It matters only that the accused genuinely believed their actions were necessary in the circumstances. It is not relevant if the accused was mistaken in their belief, as long as their belief was genuine.
- The conduct is a reasonable response in the circumstances: This is an objective test. This requires the decision-maker to decide whether there were reasonable grounds for the accused’s belief that their actions were necessary.
A number of factors might be considered to determine this, including the surrounding circumstances, the knowledge of the accused, the relationship between the accused and the complainant, the conduct of the complainant prior to the offence, the proportionality of the accused’s actions, and any personal characteristics of the accused.
Important Circumstances When Considering Self Defence
If you are considering running a defence of self-defence, you need to consider the following.
Who initiated the attack?
If you initiate an attack, you cannot claim you acted in self-defence when defending a counter-attack, unless the original aggression had ended by the time of the counter-attack.
Did you leave the conflict and return?
If you are attacked, and then leave the scene of the attack, the conflict is considered to have ended. If you then return and assault the person who began the initial conflict, this will be considered a new conflict and self-defence will not apply in these circumstances.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
Most criminal offences require the accused to have acted either intentionally or recklessly as to the offending conduct. However, there…
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.
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