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."
There are numerous criminal offences in New South Wales that can lead to a sentence of imprisonment. However, imprisonment is a last resort sentencing option and the majority of offences do not lead to custodial sentences. This article outlines the law surrounding imprisonment in New South Wales and some of the procedures that can lead to a person being imprisoned and released from prison.
When a person charged with criminal offences in New South Wales is refused bail by the police or by a court, they will be held in custody until they are granted bail by a court or until their matter is finalised. Prisoners who are refused bail and are pleading not guilty often spend a significant period of time on remand. If a person is found guilty of offences and sentenced to imprisonment, any time they have spent in custody on remand will be taken into account when they are sentenced.
Sentences of imprisonment
The criminal law of New South Wales is governed primarily by the Crimes Act 1900 (NSW). This Act works in conjunction with commonwealth legislation, such as the Crimes Act 1914 (Cth) and the Criminal Code Act 1995 (Cth). A person in New South Wales can also be imprisoned under other legislation containing offences, such as the Drugs Misuse and Trafficking Act 1985 (NSW), the Weapons, the Weapons Prohibition Act 1998 and the Crimes (Domestic and Personal Violence) Act 2007 (NSW).
Serious indictable offences are offences that must be finalised in the District Court or the Supreme Court and which carry maximum penalties of lengthy periods in prison. For example, the maximum penalty for robbery is 14 years imprisonment. The maximum penalty for murder, drug trafficking and aggravated sexual assault is imprisonment for life. Unless a non-parole period is set, a person sentenced to imprisonment for life will spend the rest of their natural life in prison.
Summary offences are offences that are heard in the lower court (Local Court). Some summary offences carry maximum penalties of imprisonment. However, the longest prison sentence a magistrate can impose for a single offence is two years. This is known as a jurisdictional limit.
How does a court decide on the length of a term of imprisonment?
In arriving at the appropriate sentence in a matter, a court must consider the circumstances of the offending and the circumstances of the offender and apply sentencing principles.
The Crimes (Sentencing Procedure) Act 1999 lists the factors that the court must take into account. These include:
- Whether there were aggravating or mitigating factors which led to the offender’s criminal actions;
- How old the offender is;
- The offender’s mental state at the time they committed the offence;
- Whether they have shown any genuine remorse; and
- Whether they have any prior criminal history.
Will there be a conviction?
When a court sentences a person to imprisonment a conviction is always recorded.
Parole is the release of a person from prison to serve the remainder of their sentence while living in the community. The idea behind parole is that an offender can be reintegrated into the community while being closely supervised by the Department of Corrections. A person who has been released on parole is still serving their prison sentence.
In New South Wales, when a prisoner has become eligible for parole, they can apply to the State Parole Authority to be considered for release on parole. If a prisoner breaches the conditions of their parole, the State Parole Authority can revoke their parole, meaning they will have to return to prison to serve the rest of their sentence.
New South Wales prisons
There are currently 27 operational adult prisons in New South Wales, with the most recently opened facility being the Clarence correctional centre (CCC) in Grafton, which opened in 2020. CCC is a medium-security prison for men and women, has the capacity to house 1700 inmates and is set to become Australia’s largest prison. It is operated by the company Serco, under a public-private partnership.
New South Wales also has six Youth Justice Centres, which house juveniles aged between 10 and 17, who have been sentenced to detention or refused bail.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
Every sex offence in New South Wales is considered a serious offence and this is reflected in the severe penalties…
In New South Wales, a police officer can issue an on-the-spot fine, known as a penalty notice, if they find…
Parole refers to a prisoner’s release into the community under supervision. The release is subject to conditions after the offender…
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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