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."
Deferral Of Sentence
A court that finds a person guilty can make an order adjourning the proceedings for a maximum of 12 months for a number of specific purposes. The purposes which a court can adjourn the proceedings are set out in Section 11 (1) of the Crimes (Sentencing Procedure) Act 1999 (NSW). These purposes are set out below:
- Assessing the offender’s capacity and prospects for rehabilitation; or
- Allowing the offender to demonstrate that rehabilitation has taken place; or
- Assessing the offender’s capacity and prospects for participation in an intervention program, or
- Allowing the offender to participate in an intervention program, or
- For any other purpose the court considers appropriate in the circumstances.
Purpose of Legislation
In the decision of R v Trindall the Court Of Criminal Appeal in NSW explained the purpose behind the adjourning of a matter for rehabilitation. They said the following:
“Often a court experiences difficulty when sentencing an offender in determining the offender’s prospects of rehabilitation and whether the foreshadowed rehabilitation will occur. In many instances it will be of great assistance to the sentencing judge if there is an adjournment to enable the offender to demonstrate that rehabilitation has taken place or is well on the way. That was the present case. It is so much better for the court to have evidence of what has actually taken place than to have to base its decision on the opinions of experts, assertions by the offender and what has happened over a short period of time, that is, since the commission of the offence or the offender’s arrest.”
Examples of Terms or Conditions that May be Imposed
A reporting condition: The Court may require the defendant to report to the officer in charge of police at a particular police station on certain days of the week, between certain times. Alternatively, or in addition, a Court may require the defendant to report to a particular office of the NSW Probation Service within a specified period of time and to comply with all reasonable directions given by an officer of that service.
A residential condition: The Court may require the defendant to reside at a particular rehabilitation centre or a centre run by the Salvation Army for alcoholics during the period of the adjournment.
A condition to enter an intervention program: The accused may agree to undertake an intervention or other program for assessment or rehabilitation purposes.
A counselling condition: The Court may require the defendant to seek counselling for drug or alcohol abuse, or to attend Narcotics Anonymous or Gamblers Anonymous meetings during the period of the adjournment. The Court may require the defendant to seek treatment from a psychologist or psychiatrist during the period of adjournment.
A condition that the defendant or an acceptable person forfeit money upon failure to comply with the bail undertaking: Any of the usual requirements as to bail can be imposed. For example, the accused may agree to forfeit an amount of money if he or she does not comply with the terms of the bail undertaking or the Court may require an acceptable person to agree to forfeit a certain amount of money if the defendant does not comply with the bail undertaking.
A condition of good behaviour: The Court may require the accused to be of good behaviour for the period of the adjournment.
If the accused breaches any conditions of their bail the Court can issue a warrant for the arrest of the accused. When the offender appears before the court, the Court can then proceed to deal with the matter immediately and sentence the offender or re-release them on bail.
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?
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