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."
Good Behaviour Bonds (Vic)
Good behaviour bonds in Victoria are also known as adjourned undertakings. Courts have the power to impose adjourned undertakings the Sentencing Act 1991. A good behaviour bond requires the defendant to comply with conditions including not to commit any criminal offences for a specified period. This article deals with good behaviour bonds in Victoria.
If a person is found guilty of a criminal offence, the court can impose an adjourned undertaking either with or without recording a conviction. The undertaking can be imposed for a period of up to 5 years. The defendant must agree to all of the terms of the undertaking.
If a person complies with all of the terms of a good behaviour bond are complied, on the adjourned date the court must discharge them with no further hearing or penalty. If they commit a further offence before the adjourned date, they must be resentenced fo the original offence as well as being dealt with for the new offence.
Good behaviour bonds and children
In Victoria, courts may impose good behaviour bonds on children.
Under section 367 of the Children, Youth and Families Act 2005, the Children’s Court may adjourn criminal proceedings against a young person without conviction by imposing a good behaviour bond for a period of up to one year (or in exceptional circumstances and where the young person is aged 15 or older, up to 18 months).
If the young person complies with all of the conditions of the bond for the period of the order, the court will dismiss the charge without recording a conviction. If the young person breaches any of the conditions of the good behaviour bond, the court may either declare the bond forfeited and keep any bond money and impose no further penalty, or hold another hearing and impose a different sentence.
What is the purpose of good behaviour bonds?
When the court gives a person the opportunity of a good behaviour bond or adjourned undertaking under section 72 of the Sentencing Act , it may do so for a number of purposes. These include:
- to give the person an opportunity to rehabilitee themselves by allowing their sentence to be served in the community unsupervised;
- to recognise the technical, trivial, or minor nature of the offence;
- as a sentencing option with which it would be appropriate not to record a conviction;
- as an option in circumstances where it is inappropriate to impose anything other than a nominal punishment;
- where there are extenuating or exceptional circumstances that justify the court showing mercy.
The conditions that are usually imposed as part of a good behaviour bond or adjourned undertaking are that the defendant must be of good behaviour (including not committing any further criminal offences) for the period of the adjournment, and/or pay a sum of money into the court fund. The court may also impose other conditions – for example, that the defendant must undertake a particular treatment regime or education program during the adjournment period.
Compensation or restitution orders can also be made in favour of any victims of the offending.
Varying or cancelling good behaviour bonds
An application can be made to vary or cancel an order for a good behaviour bond under certain circumstances. This application can be made by the defendant, the prosecution or certain other persons at any time while the order is in force. Such an application can be made if:
- the defendant’s circumstances have materially changed since the order was made and the defendant can no longer comply with one of more of the conditions;
- the information presented to the court regarding the defednant’s circumstances was not accurate;
- the defendant is no longer willing to comply with the conditions of the undertaking.
If the good behaviour bond is cancelled the court can deal with the defendant in any way it could have if it had just found them guilty of the offence. Any variation of the order or re-sentence after cancellation of the order must take into account anything the defednant has done in compliance with the adjourned undertaking.
If a defendant does not come to court on the day the application is heard, a warrant may be issued for their arrest.
Breaches of good behaviour bonds
If a person fails to comply with the conditions attached to their good behaviour bond, they are in breach of the bond. A defendant who breaches a bond may be called back to court for re-sentencing. If they do not attend court for re-sentencing, then a warrant can be issued for their arrest.
When re-sentencing a defendant, the court can impose any sentence that is available for the offence but must take into consideration anything that has been done by the defendant under the good behaviour bond.
If you require legal advice or representation in any legal matter please contact Armstrong Legal.
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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.
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