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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

- 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...

Imprisonment

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 recorded 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, they must be brought before a court at the first opportunity and allowed to apply for bail if they wish to do so. If a person does not apply for bail or if the court 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 sentences them. If the court imposes a term of imprisonment, it must be backdated to the date the person first came into custody.

Parole

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.

Youth detention

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.

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