ACT Criminal Law
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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."
What Does ‘No Conviction Recorded’ Mean? (Vic)
Many Australian states have ‘spent conviction’ laws. These laws allow convictions to become ‘spent’ after a period has elapsed, meaning the offender no longer has an obligation to disclose the conviction. Victoria does not have a spent conviction law. In Victoria, any finding of guilt is disclosed on the defendant’s criminal record even if they received a finding of guilt with no conviction recorded.
Courts have the discretion to find a person guilty with no conviction recorded
Under section 8 of the Sentencing Act 1991, courts have the discretion to find a person guilty with a conviction or with no conviction recorded. In exercising this discretion the court must consider:
- The nature of the offence;
- The character and history of the offender;
- The impact the conviction is likely to have on the offender’s economic and social wellbeing and on their employment prospects.
When a court finds a person guilty of an offence with no conviction recorded, it may still make any other orders it has the power to make under the Sentencing Act. This includes sentencing orders such as fines, good behaviour bonds and community corrections orders. However, if a court sentences a person to a term of imprisonment or to a drug treatment order, it has to record a conviction.
Being found guilty with no conviction recorded
Being found guilty with no conviction recorded is a better outcome for a defendant than having a conviction recorded. If a person is found guilty of an offence and wants to ask the court not to record a conviction, they will need to make suitable submissions to the court as to why this is appropriate. Character references from people who know the defendant and know about the offending can be tendered in support of these submissions. Letters from current or previous employers or colleagues are appropriate for this; letters from friends and family will be given less weight.
The release of criminal records
A criminal record check may be carried out on a person in various circumstances, such as when they apply for a job or a visa. If the person agrees, their criminal records including any findings of guilt, convictions and any time spent in prison, will be disclosed to the person making the application.
If a person has findings of guilt with no conviction recorded, they will appear on the person’s criminal record as findings of guilt only. In Victoria, a criminal record is available for ten years after sentencing if the person was over 18 at the time of the offence, and for a period of five years if they were under 18. The criminal record will also list any outstanding matters that have not yet been finalised by a court.
Exceptions to the ten-year rule for criminal records
In some circumstances, a criminal record will contain offences from longer ago than 10 years. This occurs where a person had a term of imprisonment longer than 20 months if they committed a serious violence offence, or a sexual offence and the criminal record check is being requested in relation to a job involving working with children. It will also occur where a person committed a serious offence but was acquitted due to insanity, or mental impairment.
There are certain situations where a criminal record search is required that includes any, and all, offences a person has committed no matter how long ago they occurred. These include registration with a child screening unit, employment with the Victorian Institute of Teaching, registration of a health professional, assisted reproductive treatment, employment in prisons, employment in a casino, and when a person is applying for a bus driver licence, a security licence, a taxi licence, or a firearms licence. Who is asking for the criminal record search will determine what information is shown, as there are different release policies that the police must abide by for searches for different purposes.
If you require legal advice or representation in any legal matter please contact Armstrong Legal.
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