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With a cramped time frame, she did in 3 days what another firm dilly-dallied for 7 months. Lisa kept me informed. Helena made me feel comfortable in a sticky situation.

- Client

I will definitely be using your company in the future if needed. Lisa kept me at ease also there were no grey areas with great advice. Helana is a great front of house.

- Client

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 Fernanda Dahlstrom - Content Editor - Brisbane

Fernanda Dahlstrom has a Bachelor of Laws, a Bachelor of Arts and a Graduate Diploma in Legal Practice. She has also completed a Master’s in Writing and Literature. Fernanda practised law for eight years, working in criminal defence, child protection and domestic violence law in the Northern Territory and in family law in Queensland.

Manslaughter (Vic)

Murder and manslaughter are among the most serious criminal offences in Victoria. They are strict indictable offences and must be finalised in the Supreme Court after a committal hearing in the Magistrates Court. There are several different manslaughter offences in Victoria. Manslaughter is also available as an alternative verdict when a person is charged with murder but cannot be found guilty of murder beyond a reasonable doubt.

Voluntary manslaughter

Voluntary manslaughter is the intentional killing of a person where mitigating factors are present. An example of this is where a fatal assault is committed in circumstances amounting to provocation, meaning that voluntary manslaughter, rather than murder, is the appropriate verdict.

Involuntary manslaughter

Involuntary manslaughter is the unlawful killing of a person without intent to kill, such as in a car accident that results from reckless driving or a death that results from an illegal and dangerous act. For a court to find a person guilty of involuntary manslaughter, it must be satisfied beyond a reasonable doubt that the death was the result of an illegal act, an omission, an act of neglect or a failure to take reasonable care.

Penalty

Under section 5 of the Crimes Act, a person found guilty of manslaughter is liable to a maximum penalty of imprisonment for 25 years.

If manslaughter is committed in circumstances of gross violence, the court must impose a sentence with a non-parole period of ten years.

Defences

There are a number of defences that can validly be advanced in response to a manslaughter charge.

Self-defence

Self-defence is a complete defence to murder or manslaughter which leads to an acquittal. It can also be a partial defence to murder, which leads to a finding of guilt for manslaughter.

If an accused who is charged with manslaughter carried out the act in self-defence, then the accused is not guilty. (Crimes Act, Section 322K). The defence of self-defence is applicable to all assault offences and personal violence offences.

In considering whether the accused genuinely believed that the act was necessary, all the characteristics and circumstances of the accused at the time of the offence will be taken into account. The court must then determined whether the accused’s actions were reasonable in the circumstances as they perceived them.

Where a person charged with murder believed their conduct was necessary in self-defence, but the infliction of death is found not to have been a reasonable response, the accused may be found not guilty of murder but guilty of manslaughter. This is also known as the defence of excessive self-defence.

Provocation

In Victoria, provocation was abolished as a defence to murder in 2005. Although the defence of provocation no longer exists in Victoria, the state now has the alternate verdict of voluntary manslaughter, which can be delivered in circumstances where a person was killed in response to provocation.

Other defences that may be run where a person is charged with manslaughter include the defence of duress and the defence of automatism.

Single punch manslaughter

Under Section 4A of the Crimes Act, which was introduced in 2014, a person in Victoria can be found guilty of manslaughter after delivering a single punch to another person’s head or neck if that one punch causes the victim’s death. This is the case even if the victim dies from an impact other than the punch itself. For example, if A punches B and B falls over and hits his head on the road and dies, A is guilty of single punch manslaughter.

When a victim dies as a result of a single punch in circumstances where the victim was not expecting to be hit and the offender knew that the victim was not expecting to be hit (commonly known as a coward’s punch), the accused must be sentenced to a minimum non-parole period of ten years. (Sentencing Act, section 9C).

Workplace manslaughter

In July 2020, a new offence of workplace manslaughter was introduced into the Occupational Health and Safety Act 2004. The offence is contained in section 39G and aims to prevent workplace deaths and to deter people from non-compliance with workplace safety laws.

Workplace manslaughter is committed when a person who is not a volunteer engages in conduct that is negligent and amounts to a breach of a duty owed to another person and causes the death of that other person. Employers, partners and other duty holders may be charged with workplace manslaughter.

The maximum penalty for workplace manslaughter is imprisonment for up to 25 years for an individual and a fine of up to 100,000 penalty units (currently $16,522,000), for a body corporate.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.

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