ACT Criminal Law
National Criminal Law
NSW Criminal Law
QLD Criminal Law
VIC Criminal Law
WA Criminal Law
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."
Relevance and Admissibility (Vic)
The evidence used in a criminal matter can take many forms, including objects, witness testimony, audio or video recordings, documents, and facts that are agreed upon between the parties. The Evidence Act 2008 sets out the rules that apply to different types of evidence and the ways they can be used. But the most fundamental question that must be posed in relation to any evidence is simple: is it relevant? Section 55 of the Evidence Act 2008. sets out what constitutes relevance. Evidence is relevant if it could rationally affect the court’s assessment of the facts in issue in the proceeding. In other words, evidence is admissible in a proceeding if it is relevant to the proceeding.
Relevance in criminal proceedings
In criminal proceedings, the issues for the court to determine are whether the crime was committed, the role the accused played in any agreement with others to commit the crime and whether the accused has a full or partial defence. Each of these issues is made up of a number of elements that must be proven by the party raising the issue. The prosecution alleges an offence was committed and so must prove all its elements beyond a reasonable doubt. An accused relies on a defence such as duress or self-defence and so must prove the elements of that defence.
Proof of a disputed fact
Each element of a criminal offence requires a fact or a series of facts to be proven and each fact may be the subject of dispute. Only evidence that is logically connected to the facts in dispute, or related facts that go to their proof, is relevant and admissible. This is true even if the evidence is only marginally connected to those facts. For evidence to be logically connected to a fact, it must make that fact logically more or less likely to exist. If the decision-maker– a magistrate, a judge, or a jury – could not reasonably accept that the evidence makes a disputed fact more or less likely to exist, the evidence must be ruled inadmissible on the basis of lack of relevance.
For example, if a person is charged with stealing something from a shop, the prosecution must prove that they did the physical act. In other words, they must prove the offender’s identity. By itself, evidence that a person likes to shop at that store and that they go there often does not prove that they were there on the day the theft occurred, much less that they took the item stolen. Consequently, CCTV footage of the accused attending the shop three days before the theft will not be relevant to the proceeding and will be ruled inadmissible.
More likely than not to be relevant
The court may accept the relevance of a piece of evidence on the basis that it is more likely than not to have relevance to a material fact at issue in the proceeding. The court may reserve its decision about the relevance of evidence until its connection to a material fact has been demonstrated by further evidence from a party. In the example used above, the court might consider the CCTV footage to be relevant if the prosecution intends to produce other evidence that, when taken together with the footage, makes it more likely that it was, in fact, the accused who stole the item.
Reliability and fairness
Defendants often feel that evidence is unfair or unreliable. For example, the testimony proposed to be given by an ex-partner who now detests the accused, or a photograph taken from Facebook and used out of context. Determining the relevance of evidence does not involve a judgment about whether it is reliable or fair. Both those questions are subject to other tests.
If you require legal advice in a criminal matter or in any other legal matter, please contact Armstrong Legal.
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