Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.
I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.
Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!
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)
A submission by the defence that there is ‘no case to answer’ can be made in a contested criminal matter after the prosecution has closed its case. No case to answer submissions are made when the defence is arguing that the prosecution case 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. A no case submission can be made both in a contested hearing in the summary jurisdiction or in a trial in an indictable matter. The test that has to be applied is the same in both jurisdictions.
The test for a no case to answer submission
The test for a no case to answer submission is whether the prosecution case, taken at its highest, can support a verdict of guilty against the accused.
How does the court decide a no case to answer submission?
A judge or magistrate assesses a no case to answer submission by assessing whether the prosecution evidence, when viewed as favourably as is reasonably open to the court to view it, could support a finding of guilt against the accused.
For the purpose of a no case to answer submission, the court must assess whether the prosecution evidence supports a finding of guilt if accepted and:
- Taken at its highest and strongest;
- 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 the answers prosecution witnesses give to cross-examination questions. However, the court does not have to consider evidence that contradicts the prosecution case or evidence that supports the defence case. Where expert evidence has already been called by the defence (as sometimes occurrs 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 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 directs it to find the accused not guilty. If the ‘no case’ submission fails, the jury then hears the defence case.
What if there is an appeal?
When a decision is appealed, the court of appeal does not consider whether the decision made on a no case to answer submission was correct. When a court hears an appeal by the defence it considers the evidence in its entirety, including the defence case and decides whether the evidence heard supports the finding of guilt beyond a reasonable doubt.
The test in an appeal against conviction is whether the verdict is ‘unsafe or unsatisfactory’, whereas the test that applies when a no case to answer submission is made is whether the evidence could reasonably support a finding of guilt.
If you require legal advice or representation in a criminal matter or in any other legal matter, please contact Armstrong Legal.
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?
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Melbourne VIC 3000
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Canberra ACT 2601
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Perth WA 6000