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."
When an adult is sentenced for criminal offences in Queensland, there are various custodial sentencing orders the court can make. Queensland courts can sentence adult offenders to a term of actual imprisonment, a suspended term of imprisonment or they can make an order that combines prison and a probation order. The sentencing of adults for criminal offences is done under the Penalties and Sentences Act 1992. Young people are sentenced under the Youth Justice Act 1991, under which different sentencing orders are available. This article outlines the custodial sentences available to courts when sentencing adults in Queensland.
When a person is sentenced to ‘actual’ imprisonment, this means doing time in prison. The court must impose a term of imprisonment within the parametres of the legislative provisions for the offence. The term must be more than the minimum period set by the legislation and must not exceed the maximum period. A conviction is always recorded when a person is sentenced to imprisonment.
Intensive correction order
When a person is sentenced to less than one year of imprisonment in Queensland, the court can make an Intensive Correction Order. This means that the term is served in the community under the close supervision of the Department of Corrections and with strict conditions. Offenders are required to report to their supervisor regularly and may also be required to abide by other conditions, such as attending rehabilitation programs and/or counselling or performing community service.
When a person is sentenced to imprisonment for up to five years, the court may order that all or part of the term be suspended for a set period. If the offender commits an offence punishable by imprisonment during the period that the sentence is suspended for, they will be ordered to serve the term of imprisonment as well as any further sentence imposed for the new offence.
Indefinite prison sentence
When an offender is sentenced for a serious violence or sex offence and the court considers that they pose a serious danger to the community if released, the court can order the person to be imprisoned indefinitely. This can be done based on the offender’s history, health or mental condition as well as the nature and circumstances of the offence and other circumstances.
A court can replace an indefinite prison sentence with an order for imprisonment for a finite term if it is satisfied that they are no longer a serious risk to the community if released.
Imprisonment with parole
When a court orders a person to serve a term of imprisonment, it is either required or allowed (depending on the offence) to set a parole release date or a parole eligibility date, on which the prisoner may apply to the Parole Board for release.
If no parole date is set, a prisoner may apply for parole after they have completed half of the term of imprisonment. However, prisoners who have been sentenced for serious violence offences must serve 80% of their sentence or 15 years (whichever is less) before they may apply for parole.
Combined prison and probation order
Where it is appropriate, a court can impose a term of imprisonment for up to one year, immediately followed by a period of probation in the community for any period up to three years.
Mandatory sentences of imprisonment
When an offender is sentenced for murder or repeat child sex offences in Queensland, the court must sentence them to life imprisonment or to an indefinite prison sentence.
When sentencing a person for criminal offences, courts must take into account the following sentencing principles:
- Deterrence, meaning the individual offender and the broader community are deterred from committing similar offences in the future;
- Rehabilitation, meaning the offender is given the opportunity to avoid re-offending;
- Denunciation, meaning a message is sent by the court that the offending is not tolerated;
- Punishment, meaning the offender is punished to the extent that is justified in the circumstances;
- Protection of the community.
Appealing a sentence
A person can appeal against a sentence that is imposed on them if they consider it unreasonably severe. The prosecution can appeal against a sentence if it considers the sentence to be too lenient. The Court of Appeal will then:
- Dismiss the appeal, so that the original sentence remains;
- Allow the appeal, and increase, decrease or vary the sentence.
If you require legal advice in a criminal matter or in any other 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
231 North Quay
Brisbane QLD 4000
1 Farrell Place
Canberra ACT 2601
111 St Georges Terrace
Perth WA 6000