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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."
What is a Preliminary Brief of Evidence? (Vic)
A brief of evidence is a document which the police prepare and serve on a person who is charged with criminal and/or traffic offences. The prosecution then relies on the contents of the brief of evidence should the matter proceed to a hearing or be committed for trial. Even if an accused intends to plead guilty, it is crucial that they seek advice on the contents of the brief of evidence prior to doing so.
Police will sometimes serve the brief of evidence on an accused at the time they are charged. Other times, the police will require time to prepare the brief and serve it on the accused. However, the Criminal Procedure Act 2009 sets out a strict time table of when the preliminary brief of evidence is to be served.
A copy of the brief of evidence can be obtained by contacting the Informant (the police officer in charge of a matter i.e. the person who conducted the interview with the accused). A request to obtain a copy of the brief of evidence can be made under Part 3.2 of the Criminal Procedure Act 2009.
What does a brief of evidence contain?
Typically, a preliminary brief of evidence contains the following documents:
Orders and Applications Sought
The brief of evidence will include a list of orders and/or applications the prosecution seeks to make at a mention or hearing. Depending on the charges these can include, but are not limited to:
- An order to impound the accused’s vehicle; or
- An order for the accused to forfeit anything that has been seized; or
- An order that the accused be placed on the Sex Offenders Registry; or
- An order for restitution; or
- An application for forensic sample, or
- Whether a Victim/Complainant wishes to provide a Victim Impact Statement.
The Charge Sheet is a document which outlines the charges which are to come before the court. The Charge Sheet will contain details about the legislation and the section that the accused has allegedly breached.
If the accused is on summons, the charge sheet will also include the time and location of their first court mention.
The summary is a description of the offending. It will include the day and approximate time of the offence when the police were called, and it will include a background of alleged facts which support the charges against the accused.
If the accused pleads guilty, the Magistrate will hear the summary from the Prosecution. Considering the Magistrate hears the summary. During case conferencing with the prosecutions, in some circumstances, negotiations can be had with the prosecution to request that the summary be amended to exclude words or sentences or even paragraphs.
The next set of documents will include a list of people the people can call as witnesses and things that they can tender (produce to the court) as evidence to support the charges against an accused. If witnesses have made formal statements these will be included, as well as any photographs or evidentiary certificates which have been issued (i.e., the findings following a breath test).
The brief of evidence will also include a copy of the accused’s prior criminal and traffic history. The police can access and include the prior history the accused may have had in other states.
Further to the above, the defence can request that the Informant provide additional material, including:
- Details and copies of any police interviews conducted,
- Copies of any CCTV footage (including body-worn camera or dash camera footage),
- Copies of still photographs,
- Copies of triple zero calls,
- Copies of all statements of witnesses (including expert witnesses) even if the police do not intend to call them to give evidence at a hearing,
- Written summaries of the substance of any evidence likely to be given by persons who have not made a statement, and
- Details of the prior convictions and/or finding of guilt of all witnesses the police intend to call.
It is important to seek legal advice and have a solicitor review the contents of the brief of evidence prior to proceeding with your matter.
If you require legal advice or representation in any legal matter please contact Armstrong Legal.
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