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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.
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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
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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.
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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.
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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!!!
- 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.
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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.
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"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
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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...
Home Detention (NSW)
As a result of amended legislation, this penalty was repealed on 24 September 2018 as a standalone order. However, it may still be imposed as a condition of an intensive corrections order. Home detention is an alternative to full-time imprisonment. In effect, the jail sentence is served at your own address rather than in a jail. If you receive a sentence of home detention you will be strictly supervised and subject to electronic monitoring.
Home detention orders are limited to a maximum period of 18 months. This includes any time that the court may order be spent on parole.
Steps involved before ordering
Before an order is made, the court must be satisfied that, having considered all possible alternatives, no penalty other than imprisonment is appropriate
The next stage is that the court imposes a full-time jail sentence and sets a parole period or gives reasons as to why no parole period is given.
At this stage, your lawyer should request that any jail sentence be served by a home detention order. If your lawyer can satisfy the court that it should do so the court will adjourn the matter so that you can be assessed as to whether you are suitable for a home detention order.
Suitability of offender
Section 78(1) of the Crimes (Sentencing Procedure) Act 1999 states that a home detention order cannot be made unless the court is satisfied that:
- the offender is a suitable person to serve the sentence by way of home detention;
- it is appropriate in all of the circumstances that the sentence be served by way of home detention;
- the persons with whom it is likely the offender would reside, or continue or resume a relationship, during the period of the offender’s home detention have consented in writing, in the form prescribed by the regulations, to the making of the order; and
- the offender has signed an undertaking, in the form prescribed by the regulations, to comply with the offender’s obligations under the home detention order.
Not available for certain offences
Home detention is not available for the following offences:
- Murder attempted murder or manslaughter,
- Sexual assault of adults or children or sexual offences involving children,
- Armed robbery,
- Any offence involving the use of a firearm,
- Assault occasioning actual bodily harm (or any more serious assault, such as malicious wounding or assault with intent to do grievous bodily harm),
- An offence under section 562AB of the Crimes Act 1900 of stalking or intimidating a person with the intention of causing the person to fear personal injury,
- A domestic violence offence against any person with whom it is likely the offender would reside, or continue or resume a relationship, if a home detention order were made,
- An offence under ss 23(2), 24(2), 25(2), 26, 27 or 28 of the Drug Misuse and Trafficking Act 1985 involving a commercial quantity of a prohibited plant or prohibited drug within the meaning of that Act,
Not available for offenders with a certain criminal history
A home detention order may not be made for an offender who has at any time been convicted of any of the following offences in the past:
- Murder, attempted murder or manslaughter,
- Sexual assault of adults or children or sexual offences involving children,
- An offence under section 562AB of the Crimes Act 1900 of stalking or intimidating a person with the intention of causing the person to fear personal injury,
- A domestic violence offence within the last 5 years against any person with whom it is likely the offender would reside, or continue or resume a relationship if a home detention order were made,
A home detention order may not be available for a person who is (or has at any time within the last 5 years been) subject to an apprehended violence order (within the meaning of Part 15A of the Crimes Act 1900) made for the protection of a person with whom it is likely the offender would reside, or continue or resume a relationship, if a home detention order were made
Breaching an order
In a recent study, it was reported that 79% (261 of 330) of offenders subject to a home detention order successfully completed the sentence without breach. If you do breach a home detention order the Parole Board will decide whether to revoke the order. If they do revoke the order it is likely that you will serve any un-served portion of the sentence in full-time jail.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
Probation is a sentencing option commonly used by courts in NSW for both adult and child offenders. Probation involves supervision…
In New South Wales youth detention centres are known as youth justice centres. There are six of these centres in…
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.
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