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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."
Threats to Kill (WA)
Making a threat to kill is a serious offence and it is becoming more and more common for people to be charged with this offence in Western Australia. In the age of social media, it is increasingly common for threats to be made online. Such a threat may be made with no real intention of carrying it out. However, if the threat was made with the intent that the victim would be fearful and believe the threat, it amounts to a criminal offence that can attract a penalty of imprisonment.
The Offence Of Making A Threat To Kill
The offence of making a threat to kill is found in Section 338B(1) of the Criminal Code Act Compilation Act 1913. The offence of making a threat to kill attracts a maximum penalty of imprisonment for seven years. If the offence is committed in circumstances of aggravation, the Court can impose a maximum term of imprisonment for a period of 10 years. Where a threat to kill is racially motivated, the offender can be sentenced to up to 14 years imprisonment.
To find a person guilty of threatening to kill, the prosecution must prove beyond a reasonable doubt that:
- A threat to kill was made;
- That it was made to a person;
- The threat was unlawful;
- The intention was to make the victim fearful; and
- The victim believed the threat that was made.
Actions which may amount to a threat to kill can include:
- Leaving a threatening note in someone’s home;
- Telling the threat to a third party;
- Sending a threatening letter;
- Sending a threatening text message; or
- Writing the threat on a person’s Facebook page.
Express Or Implied
A person may be found guilty of a threat to kill whether the threat was made expressly or by implication. The test for whether something amounts to a threat to kill is an objective test.
Although this offence is usually dealt with in the District Court, it is also able to be dealt within the jurisdiction of the Magistrates Court (summarily). The legislation sets out that if the offence is dealt with summarily the maximum penalties which can be imposed are imprisonment for a period of up to 3 years and $36,000 fine.
It is unusual for the offence of making a threat to kill to be the sole offence with which a person is charged. A person charged with making a threat to kill will also often be charged with an assault and/or an act of criminal damage arising from the same set of facts.
If a person is charged with making a threat to kill, it would be prudent to discuss the circumstances surrounding the case with a lawyer to determine whether there are defences available. Defences that may be open to a person charged with making a threat to kill include that they were acting under duress, that it is a case of wrongful identification and that there was an absence of intention that the threat be taken seriously.
If you require legal advice or representation in any legal matter please contact Armstrong Legal.
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