ACT Criminal Law
National Criminal Law
NSW Criminal Law
QLD Criminal Law
VIC Criminal Law
WA Criminal Law
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.
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."
No Case To Answer Submissions (WA)
After the close of the prosecution case in a criminal contested hearing either in the Magistrates Court or in a District Court for an indictable matter, the defence can make a no case submission. A no case to answer submission is made when the defence is arguing that the evidence led by the prosecution fails to support a finding of guilt and that the court should dismiss the charge without the need for the defence to present a case. A no case to answer submission will succeed where the prosecution case, taken at its highest, cannot support a finding of guilt against the accused. In the case of a jury trial, if there is no case to answer, the Magistrate or Judge is obliged to direct a jury to return a verdict of not guilty.
The Test For A No Case To Answer Submission
The test for a no case to answer submission is whether the prosecution’s case, taken at its highest, can support a verdict of guilty against the accused. This test is the same in both jurisdictions.
How Does The Court Decide A No Case To Answer Submission?
A judge or magistrate will assess whether the prosecution’s evidence, when viewed as favourably as is reasonably open to the court to view it, could support a finding of guilt against the accused.
In order for a no case to answer submission to be successful, the court must assess whether the prosecution’s evidence supports a finding of guilt and if accepted is:
- Taken at its highest and strongest; and
- Even if it is tenuous, weak or vague;
UNLESS it is
- Inherently incredible; or
- Manifestly self-contradictory; or
- The product of a disorderly mind.
The judge or magistrate does not need to consider whether the accused ought to be found guilty based on the prosecution case but only whether the court could lawfully find them guilty.
What Must The Court Consider?
When deciding a no case to answer submission, the court must consider all the evidence that has been called by the prosecution, including what has been said by any prosecution witnesses during cross-examination.
However, the court does not have to consider evidence that contradicts the prosecution’s case or evidence that supports the defence’s case. Where expert evidence has already been called by the defence (which sometimes occurs if the court has ordered that all expert evidence be heard together), this may be taken into account by the court when assessing a no case to answer submission.
When Is A No Case Submission Made?
A no case to answer submission is made in a contested hearing after the prosecution has closed its case.
In a jury trial, a no case submission is made while the jury is out of the courtroom. If the no case to answer submission succeeds, the jury is brought back into the court and the judge will direct them to find the accused not guilty. If the ‘no case’ submission fails, the jury then hears the defence case.
If you require legal advice or representation in a criminal matter or in any other legal matter, please contact Armstrong Legal.
If you have been convicted of a criminal offence and/or sentenced in the Magistrates Court, you have a right to…
Defending a criminal charge can be very daunting, particularly if you are unfamiliar with the criminal justice system. Trials can…
When attending court in Western Australia, it is important to be aware of court etiquette. This means behaving appropriately while…
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