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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
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.
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.
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.
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."
Sentencing Of Sex Offenders (NSW)
Every sex offence in New South Wales is considered a serious offence and this is reflected in the severe penalties for such crime. The Crimes (Sentencing Procedure) Act 1999 governs sentencing for sex offences in the state.
General sentencing principles
The Act lists seven purposes of sentencing. Those purposes are to:
- ensure the offender is adequately punished;
- prevent crime by deterring the offender and other people from similar offending;
- protect the community;
- promote rehabilitation of the offender;
- make the offender accountable for their actions;
- denounce the offender’s conduct;
- recognises the harm to victim and the community.
Factors relevant to sentencing
The Act provides a range of general factors a court is to consider in sentencing an offender. These fall under the broad categories of:
- the nature, circumstances and seriousness of the offence;
- the personal circumstances and vulnerability of any victim due to their age, occupation, relationship to the offender, or disability;
- the extent of any injury, emotional harm, loss or damage resulting from the offence;
- the offender’s character, general background, criminal history, age and any disability;
- the offender’s prospects of rehabilitation.
Section 21A provides a special rule for a court when sentencing for child sex offences: that good character or lack of previous convictions is not to be taken into account as a mitigating factor if this helped the offender in the commission of the offence. The Act also precludes the court from considering the consequences of a sentence in relation to restrictions on employment that apply to certain sexual offenders.
Victim aged under 10
It is a crime to have sexual intercourse with a child aged under 10. The maximum penalty is imprisonment for life, with anyone receiving this sentence to serve that sentence for the term of their natural life. Anyone who attempts to have sexual intercourse with a child aged under 10 is liable to imprisonment for 25 years.
Victim aged 10 to 14
Anyone who has sexual intercourse with a child aged between 10 and 14 is liable to imprisonment for 16 years. If there are circumstances of aggravation, the penalty increases to 20 years.
Victim aged 14 to 16
Anyone who has sexual intercourse with a child aged between 14 and 16 is liable to imprisonment for 10 years. If there are circumstances of aggravation, the penalty increases to 12 years.
Circumstances of aggravation
The Act defines “circumstances of aggravation” as:
- intentional or reckless infliction of actual bodily harm;
- threat or actual bodily harm by means of an offensive weapon or instrument;
- in company;
- the victim being aged under 16;
- the victim being under the authority of the offender;
- the victim having a serious physical disability;
- the victim having a cognitive impairment;
- break and entry into a place with an intent to commit an offence;
- deprivation of the victim’s liberty before or after the offence.
Standard non-parole periods
Standard non-parole periods apply for certain sex offences. These are:
- Sexual assault – 7 years
- Aggravated sexual assault – 10 years
- Aggravated sexual assault in company – 15 years
- Aggravated indecent assault – 7 years
Alternatives to full-time imprisonment
Under section 5 of the Act, a court must not sentence and offender to imprisonment unless it considers that no other penalty is appropriate. When a court imposes a prison sentence of 6 months or less, it must provide reasons it chose imprisonment, including why it did not make an order that the offender take part in a treatment program or other rehabilitation, such as an intensive correction order.
However, under section 67(1)(b) of the Act, a court must not make an intensive correction order for a “prescribed sexual offence”. A “prescribed sexual offence” includes offences involving:
- sexual intercourse with a victim of any age;
- a victim aged under 16;
- child prostitution;
- production, dissemination or possession of child abuse material.
Conviction for a child sex offence
Among the social and legal consequences of a conviction for a child sex offence is the offender’s status as a “disqualified person” and “registrable” person.
Under the Child Protection (Working With Children) Act 2012, a person convicted of a child sex offence automatically becomes a “disqualified person”. This means the person is prohibited from obtaining a working with children check clearance, which is required to work in a child-related job.
Under the Child Protection (Offenders Registration) Act 2000, a person convicted of a child sex offence automatically becomes a “registrable person”. This means the person is placed on the Child Protection Register, which contains the person’s details and requires the person to report regularly to police.
Serious Sex Offenders
The Crimes (Serious Sex Offenders) Act 2006 allows the Attorney-General to apply for a “continuing detention order” or an “extended supervision order” for a “serious sex offender”. Such an offender has:
- committed a sex offence against a child, or an aggravated sex offence against an adult, punishable by imprisonment of 7 years or more;
- engaged in persistent sexual abuse of a child;
- committed a break and enter with an intent to commit a sexual offence;
- used an intoxicating substance with an intent to commit a sexual offence.
A continuing detention order allows for the extension of a serious sex offender’s term of imprisonment when the original sentence has been served. An extended supervision order allows for further supervision of an offender in the community, once their initial supervision order has expired, where the offender poses an unacceptable risk of committing a serious sex offence if unsupervised.
For advice or representation in any legal matter, please contact Armstrong Legal.
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