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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 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...

Criminal Trials (WA)

Defending criminal charges can be a very daunting experience. Criminal trials in Western Australia can be heard in the Magistrates Court, District Court, or Supreme Court. The court in which a trial is heard generally depends on the offence and what maximum penalty it carries. For example, in Western Australia, the charge of Common Assault is a ‘summary’ offence that is heard in the Magistrates Court. The charge of Assault Occasioning Bodily Harm is an ‘either way’ offence, which can be dealt summarily within the Magistrates Court or on indictment in the District Court. A grievous bodily harm charge is a strictly indictable offence which means that it is heard in the District Court on indictment. Murder, attempted murder, and manslaughter are all heard in the Supreme Court as these are very serious crimes.

Before a criminal trial

Once the defendant enters a plea of not guilty, their matter is adjourned to a ‘trial listing date’. The defendant may be remanded in custody or granted appeal bail in the interim.

On the trial listing date, the matter will be allocated a date for trial. The length of a criminal trial depends on many factors, including how many charges have been laid, how many witnesses are scheduled to be called to give evidence and whether there are co-accuseds. It may take up to a year before a matter comes to trial.

Before the trial date, the prosecution will provide the Defence with the documentary evidence that it intends to rely on. This may include images, statements, affidavits, police interviews, CCTV footage and forensic reports. Once the Defence has this material, it will be able to determine the strength of the Prosecution case against the accused.

Trials in the District and Supreme Court are generally heard by a judge and jury. Trials in the Magistrates Court are heard by a magistrate.

Presumption of innocence

A person accused of criminal offences has the benefit of a presumption of innocence. In a criminal trial, the prosecution has the burden of proof, meaning it must prove every element of the offence beyond a reasonable doubt. This means that the only logical explanation that can be derived from the evidence must be that the accused person committed the offence.

Procedures for criminal trials

A criminal trial begins with the prosecution opening its case and summarising the case and what must be proven to establish the accused’s guilt. The defence will then advise the court of any matters that agreed and what significant matters are in dispute.

The prosecution will then call witnesses. The witnesses will be guided through their version of events. The defence will cross-examine each prosecution witness. The prosecution then may re-examine its witnesses to clarify any issues that arose during cross-examination.

Once all the prosecution witnesses have given evidence, the prosecution may play a record of the interview that police conducted with the defendant.

The defence may then call witnesses. An accused person does not have to give evidence during their trial. No adverse inference can be drawn from an accused person’s decision not to give evidence. If the defence calls witnesses, these witnesses will be cross-examined by the prosecution.

Once all witnesses have been called, the prosecution makes its closing submissions. The Defence will then make closing submissions.

After the magistrate has heard all the evidence and submissions, they will make a decision. If they find the accused guilty, they will then proceed to deliver a sentence. If the accused is found not guilty, the charges will be dismissed and they will be free to go.

Summary

It is important that any person accused of criminal offences receives sound legal advice prior to deciding to proceed to trial. The accused must be fully advised as to the strengths and weaknesses of their case and how best to prepare for the trial.

If you require legal advice in relation to a criminal trial or in any other legal matter, please contact Armstrong Legal.

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