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."
In Victoria, the maximum penalty for unlawful assault (which may also be referred to as ‘common assault’) is a fine of 15 penalty units or three months imprisonment. This offence is considered the least serious of the assault offences. Generally, individuals are charged with unlawful assault when a person assaults another person without causing injury.
Unlawful assaults can be complicated if there are aggravating factors. It is important to get legal advice at an early stage to ascertain precisely what the consequences of a conviction may be and whether you have a defence to the charge.
The Offence of Unlawful Assault
The offence of unlawful assault is contained in section 23 of the Summary Offences Act 1966 which states:
Any person who unlawfully assaults or beats another person shall be guilty of an offence.
What Actions Might Constitute Unlawful Assault?
Whilst the slightest touch might constitute unlawful assault, usually police would not charge a person with unlawful assault unless there is a significant degree of force applied or there is evidence that threats of violence were made.
An unlawful assault may consit of:
- Punching, hitting or kicking another person without causing bodily harm;
- Spitting upon another person;
- Threatening to hurt another person.
What the Police Must Prove
To convict a person of unlawful assault, the prosecution must prove each of the following elements beyond a reasonable doubt:
- They struck/touched/applied force to another person, or threatened another with immediate violence;
- They did so intentionally or recklessly;
- The actions were not consented to by the victim;
- There is no other lawful justification or excuse.
Possible Defences for the Charge of Unlawful Assault
Possible defences to a charge of unlawful assault include but are not limited to:
- The accused has a lawful justification or excuse;
- The accused acted in self-defence or in defence of another
- The complainant consented to the assault
- The assault was not intentional or foreseeable.
Which Court Will Hear Your Matter?
Unlawful assault is a summary offence and will be heard at the Magistrates’ Court.
Diversion for Unlawful Assault – Case Study
Our client was charged with one count of unlawful assault following a road rage incident.
Victoria Police alleged that our client beeped his horn at a female driver when she pulled her car in front of him. It was alleged he then left his vehicle and walked to her car while shouting at her. Following this, he proceeded to bang his fist on the roof of her car and direct offensive language toward her. It was not stated by Victoria Police that he physically attacked or assaulted her in any way.
Victoria Police offered our client a Diversion Notice and asked him to attend the Melbourne Magistrates’ Court for a Diversion Hearing. On arrival, it was made known to us that our client had a prior criminal record, including a prior offence of recklessly causing injury.
Generally, diversion is only granted to first-time offenders.
The Diversion Coordinator at the court advised our client would almost certainly be refused diversion and that the Magistrate may not even be willing to hear submissions by our legal team.
Eventually, we appeared before the Magistrate who explained they were not minded to accept diversion for our client given his serious prior record. After lengthy submissions and the tendering of substantial material to support our client, the Magistrate asked to hear from our client personally. The client gave verbal evidence to the Magistrate with our assistance and was ultimately deemed suitable for a Diversion Plan.
DISCLAIMER: This is a case study of an actual matter where the client was represented by Armstrong Legal. Details relating to the client have been changed to protect their confidentiality. The outcome, charges and facts have not been altered.
Our case studies are published to show real outcomes and give an indication of possible results. We cannot, and do not, guarantee a matter involving similar charges will get an identical outcome.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
Infanticide general refers to the killing of a child. The offence has its origins in 17th century England. Infanticide was…
Bail is the release from custody of a person who has been arrested back into the community upon their agreement…
In Victoria, a person can be found guilty of possession of child abuse material under either Victorian legislation or under…
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.
WHY CHOOSE ARMSTRONG LEGAL?
201 Elizabeth Street
Sydney NSW 2000
575 Bourke Street
Melbourne VIC 3000
91 North Quay
Brisbane QLD 4000
Nishi, 2 Phillip Law Street
Canberra ACT 2601
22 St Georges Terrace Perth