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 a Queensland court finds an offender guilty of a crime, it will then proceed to sentence the person. If the court considers a term of imprisonment to be the appropriate penalty, tt will then consider whether to suspend all or part of that term. Suspended sentences are a sentencing order where the offender can live in the community but must comply with the conditions attached to the suspended sentence. A person on a suspended sentence must not commit any further offences punishable by imprisonment during the operational period of the suspended sentence. If such an offence is committed, or if the conditions of the suspended sentenced are breached, the offender may be ordered to serve all or part of the term that has been suspended in prison.
How do suspended sentences work?
Under Part 8 of the Penalties and Sentencing Act 1992, a term of imprisonment of five years or less may be suspended. If the sentence is partly suspended, the offender must serve part of the term in prison but then is released on conditions. If a sentence is wholly suspended, the offender does not serve any time in prison unless the conditions attached to the order are breached.
The length of time for which a sentence is suspended is referred to as the operational period. If the decision-maker orders a term of imprisonment to be wholly suspended, then the offender is free to live in the community for the operational period provided they adhere to the conditions.
A partially suspended sentence means the offender must serve some of the term of imprisonment in custody, following which the remainder of the term is suspended and the offender lives in the community for the operational period. An offender on a suspended sentence is free to work and mix with the community and continue with their normal life to the extent permitted by the conditions of the sentence, which may include abstaining from alcohol and drugs or abiding by a curfew. There may be other conditions such as that the offender undergo counselling, or drug rehabilitation, or report to the police regularly. Some offenders may not be able to travel during the operational period of the sentence due to conditions that make travel impossible.
When will courts impose suspended sentences?
Section 9 of the Act sets out the purposes for which a sentence may be imposed. These are:
- to punish the offender;
- to help the offender to rehabilitate;
- to deter the offender and/or other members of the community from committing similar offences;
- to denounce the offending to the community; and
- to protect the community.
When sentencing an offender, courts must consider factors such as the seriousness of the crime; any damage or injuries caused; the offender’s character and capacity; the offender’s co-operation with police; and other factors listed under Section 9(2) of the Act. When sentencing a young offender, the rehabilitation of the young person must be the paramount consideration.
A term of imprisonment is a sentence of last resort and must only be imposed on a person if no other sentencing option is appropriate. Other sentencing options include recognisance orders, community service and probation. A person’s legal representative can make submissions to the court, arguing for a suspended sentence.
What are the requirements?
The court can only suspend a sentence if the term of imprisonment imposed is five years or less. The operational period of a suspended sentence must not exceed five years and starts on the day of sentencing. The operational period must be at least as long as the term of imprisonment. If a court imposes a suspended sentence, it must record a conviction. During the operational period, the offender must not commit any offence punishable by imprisonment.
Section 146 of the Act provides that if an offender is found guilty of an offence that carries imprisonment while they are on a suspended sentence, the court can order them to serve the suspended term of imprisonment in custody as well as sentencing them for the new offence.
Under section 146A, if a police officer or a corrections officer forms a suspicion on reasonable grounds, that a person has committed an offence while on a suspended sentence, they may apply to a magistrate for a summons or a warrant.
Under section 147, where a breach has occurred, the court can extend the operational period or issue a further suspended sentence and order the offender to serve all or part of the term that was suspended. The court must consider many factors when deciding how to respond to a breach, including the nature of the subsequent offence, any special circumstances, any efforts the offender has made at rehabilitation, and the offender’s criminal history. The court must state the reasons for its decision.
Benefits and criticisms
When a court imposes a suspended sentence, it is recognising the seriousness of the crime, while showing mercy and allowing the offender to remain in the community on a conditional basis. Research has shown that suspended sentences are an effective deterrent and that it is less likely an offender will re-offend than if they serve jail time.
Suspended sentences reduce the prison population and the strain that incarceration places on the taxpayer, because the offender must provide for themselves while living in the community. Offenders sentenced to immediate imprisonment often have problems reintegrating after their release. Suspending a sentence avoids the need to readjust to living in the community after the sentence is complete.
However, a suspended sentence is sometimes thought to be a “soft option” that does not adequately punish the offender for serious crimes. It is also sometimes considered to be “setting the offender up to fail” because offenders who are in trouble regularly with the police may be unable to comply with the conditions and may find themselves serving the time in prison anyway.
If you require legal advice or representation in a criminal matter or in any other legal matter, please contact Armstrong Legal.
In Queensland, a Probation Order is considered when an offender has been found guilty of an offence for which prison…
When an offender is charged with a criminal offence, they are also often alleged to have committed the offence under…
Young offenders aged between 10 and 18 can be sentenced to a period of detention in Queensland if they are…
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