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."
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.
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?
201 Elizabeth Street
Sydney NSW 2000
575 Bourke Street
Melbourne VIC 3000
91 North Quay
Brisbane QLD 4000
Nishi, 2 Phillip Law Street
Canberra ACT 2601
111 St Georges Terrace
Perth WA 6000