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."
A court may only sentence a person to imprisonment if it is satisfied, having considered all possible alternatives, that no penalty other than imprisonment is appropriate. The ACT has three operational adult prisons and one youth detention centre. When a person is sentenced to imprisonment in the ACT, this is done under the Crimes (Sentencing) Act 2005.
Sentences of imprisonment
In the ACT, there are three main ways that courts can order a prison sentence to be served. The first is by remaining inside a correctional centre on a full-time basis.
The second is a suspended sentence where the prison sentence is suspended while the Offender enters a Good Behaviour Order. A breach of the Good Behaviour Order, either by conviction for a further offence or by not abiding by a condition of the Order, can result in the immediate imposition of the prison sentence. (See separate page on Suspended Sentences).
The third way is an Intensive Corrections Order, which is a prison sentence served in the community. An ICO involves a separate assessment and, if found suitable, and imposed by the Court, an ICO provides, as the names implies, for intensive supervision by Corrective Services, including the accelerated completion of Community Service, the imposition of curfews and travel and other restrictions and mandatory submission to drug and alcohol tests as well as mandatory compliance with any medical or psychiatric or other treatment or rehabilitation order (See separate page on Intensive Corrections Orders).
ACT Courts can also impose combination sentences where an initial part of a sentence be served by full-time imprisonment, followed by a period of suspension followed by any of a good behaviour order, a fine order, a driver licence disqualification order, a reparation order, a non-association order and a place-restriction order (See separate page on Combination Sentences).
Will I have a criminal record?
If you are sentenced to period of imprisonment, then you will have a conviction recroded for the offence.
imprisonment on remand
When a person is charged with offences in the ACT, they may be granted bail by the police or remanded in custody. If they are refused bail by the police, theymust be brought before a court at the first opportunity and allowed to apply for bail if they wish to do so. If a person doe snot apply for bail or if the ocurt refuses to grant bail, they will be held in prison on remand until their matter is finalised or until they are granted bail.
If a person is found guilty of offences after they have already spent a period of time in custody on remand, the court must take into account the time they have already spent in custody when it sentneces them. If the court imposes a term of imprisonment, it must be backdated to the date the person first came into custody.
When a person is sentenced to imprisonment for a period of a year or longer in the ACT, the court must set a non-parole period. The non-parole period is the minimum period the offender has to spend in full-time custody before being eligible to be released on parole.
When the court sets the non-parole period, it must state when that period starts and ends. However, the court may decline to set a non-parole period if it considers that it would be inappropriate having regard to the nature of the offence or offences and the offender’s antecedents.
If the offender is subject to a sentence of life imprisonment, the court must not set a non-parole period for any other sentence of imprisonment that is imposed on the offender. Section 66 of the Crimes (Sentencing) Act provides that if an offender is sentenced to a further term of imprisonment while serving an existing sentence of imprisonment, any non-parole period set for the existing sentence is automatically cancelled.
If a sentence of imprisonment is partly suspended, the period for which it is suspended must be disregarded for the calculation of a non-parole period.
Any non-parole period set for the primary sentence must not make the offender eligible to be released on parole earlier than if the primary sentence had not been imposed.
When a person under the age of 18 is sentenced by an ACT court, the court has the option of sentencing the young person to a period in youth detention. Juvenile offenders who are refused bail are also held in youth detention until their matter is finalised or until they are granted bail.
If you require legal advice or representation in any 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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