ACT Criminal Law
National Criminal Law
NSW Criminal Law
QLD Criminal Law
VIC Criminal Law
WA Criminal Law
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."
Penalties and Sentencing
If you plead guilty or are found guilty, the magistrate or judge will consider the facts presented by the police and the submissions made by your lawyer when deciding what penalty to impose.
The court can choose from a range of penalties, depending on the seriousness of the offence. The maximum penalty that you can get is set out in laws made by parliament. In some cases, the court also has discretion whether or not a conviction will be recorded against you. In other cases the court must record a conviction.
Imprisonment (Jail – Full Time)
This is the most serious penalty a court can impose and is considered a last resort. Normally a period of imprisonment will be expressed as time to serve plus a further time on supervised parole. The Court must have considered alternatives and be satisfied that no other penalty is appropriate. A Magistrate can impose a sentence up to five years depending on the offences committed. County Court and Supreme Court Judges are limited by the statutory maximum (what the law says the maximum penalty is). In many cases, time that you have spent in jail before you are sentenced will be counted as already served.
The Court also has the power to order a term of gaol and a Community Correction Order upon being released from gaol.
This is a jail sentence that is ‘suspended’ for up to two years. You do not go to jail unless you commit another offence during the period set by the court. Suspended sentences may be suspended in whole or in part. They only are available for jail sentences of up to two years.
Note: Suspended sentences have been abolished as a penalty in Victoria. They are not available in any court for offences committed on or after 1 September 2014. Please ask one of our lawyers for more information.
Community Corrections Orders
Community Corrections Orders (CCOs) allow you to serve your penalty in the community. They can have one or more conditions attached, such as: unpaid work, supervision, treatment and rehabilitation, bans on going to certain places and/or attending court for the magistrate to check on your progress. If you do not comply with the conditions of the order you may be charged with contravening a CCO, an offence that carries a maximum penalty of three months jail.
The court may record a conviction against you if it imposes a CCO.
Maximum fines for individual offences are described in ‘Penalty Units’. Currently, one penalty unit is about $161.19.
To convert the amount in penalty units into a dollar amount, simply multiply $161.19 by the number of penalty units. For example, if the maximum penalty is 5 penalty units: 5 x $161.19 = $805.95
Therefore, a fine of 5 penalty units would amount to a fine of $805.95.
The court may record a conviction against you if it imposes a fine.
An adjourned undertaking is an order of the court that requires you to be of good behavior (not commit any offences) for a certain amount of time. The court may also impose conditions that you will have to obey during this time such as: seeing a counselor, completing a course and/or making a charitable donation. The maximum duration of an adjourned undertaking is five years.
The court may record a conviction against you if it imposes an adjourned undertaking.
If you comply with the conditions of the undertaking then you are not required to return to court. The court will discharge your case without a further hearing.
A discharge is where the court, after finding you guilty, does not impose any penalty. However, a conviction is recorded against you.
A dismissal is where the court, after finding you guilty, does not impose any penalty and does not record a conviction against you.
Diversion programs are a way to deal with your case out of the court system and for you to avoid having a criminal record altogether. They are usually only available to people who have no prior criminal history and where the offence is relatively minor. The prosecution must agree that your case is suitable for diversion.
Other Penalties and Orders
Compensation and Restitution Orders
Compensation and restitution are orders of the court that you pay money to someone who has suffered physical, emotional or financial injury or loss because of your offence.
Forfeiture is an order of the court that an item found in your possession by police be disposed of or destroyed by the State. These orders are commonly made in relation to things like drugs, firearms and stolen property.
Drug Treatment Orders
These are only available if your case is heard in the Drug Court, which is located at the Dandenong Magistrates’ Court. Cases heard in the Drug Court must meet pre-conditions, including that you plead guilty, that you are dependent on drugs or alcohol and this dependency contributed to the offence, and the court is satisfied a sentence of imprisonment would have otherwise been appropriate. You must also live in an area serviced by the Drug Court.
Forensic Procedure Applications
Upon being found guilty of an offence, the police may make an application to the court for a forensic procedure application. The police will normally make this application upon charging a person with an offence, but may also make an application up to 6 months after the completion of the matter in court.
Typically the application will request that you provide a sample of DNA by way of buccal swab to the police. The police will then put the DNA on a database as a resource for criminal law investigations.
In determining whether the application should be granted, the court must consider:
- the seriousness of the circumstances of the offence; and,
- that the making of the order is justified.
The court may also require evidence to be given on oath or affirmation.
The rules of evidence govern how a fact must be proven during a court proceeding. Evidential issues that often arise…
Family violence can occur between partners, ex-partners, parents and children, siblings or between other parties who are living together or…
In order to understand the criminal law, it is important to understand the court processes involved in dealing with a…
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