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."
Imprisonment is the most severe penalty that Victorian courts can impose. A term of imprisonment must be imposed on a person only as a last resort when no lesser sentencing option is appropriate. Victoria has both privately operated and publicly operated prisons, including remand centres, minimum security prisons and maximum security prisons.
How are terms of imprisonment determined?
When a court sentences a person to imprisonment, it determines the length of the term by reference to the maximum and minimum terms legislated for the offence. The court must not impose a sentence that is harsher than is necessary to achieve the sentencing objectives of the case.
The principles which govern sentencing in Victoria are:
- Punishment, to the extent that is justified;
- Deterrence, meaning the offender and others are deterred from committing similar offences;
- Rehabilitation, meaning the sentence facillitiates and encourages the offender to overcome their offending behaviour;
- Community protection;
- Denunciation, meaning the sentence sends a message to the community that the offending is not acceptable.
Victoria has a mandatory sentencing regime in relation to a number of offences. Courts must impose custodial sentences for certain offences committed after 20 March 2017, including murder, rape, serious drug offences, child sex offences and recklessly or intentionally causing serious injury. For offences committed after 28 October 2018, mandatory sentencing also applies to other offences involving the risk of injury, including aggravated home invasion and aggravated carjacking.
Victorian courts must impose imprisonment in respect of manslaughter, intentionally causing serious injury, child homicide, kidnapping, arson causing death and some serious drug and terrorism offences unless there is a particular reason for not doing so where the offence occurred after 20 March 2017.
Where the offence occurred after 28 October 2018, these rules also apply to offences of car jacking, home invasion, culpable or dangerous driving causing death, armed robbery and offences involving exposing an emergency worker to risk
When a term of life imprisonment is imposed, this means the offender remains in prison for the rest of their natural life. However, the court can set a non-parole period which is a date on which the offender can apply for parole. Only the Supreme Court can sentence a person to life imprisonment in Victoria. The court may refuse to set a non-parole period in a case where it is not appropriate. This means the offender will remain in prison until they die.
Suspended sentences have now been abolished in Victoria. This means that when a court is sentencing a person for an offence committed after 1 September 2014, a suspended sentence is not an available sentencing order. However, Victorian courts can still impose suspended sentences for offences committed before 1 September 2014, but this power is subject to limitations.
Suspended sentences are terms of imprisonment where the offender is allowed to live in the community provided they do not commit an offence punishable by imprisonment and abide by certain other conditions. If the offender breaches their suspended sentence, they are generally ordered to serve the term of imprisonment that has been suspended unless there are exceptional circumstances.
If the court believes an offender is a serious danger to the community, it can impose a term of imprisonment with no set end date. The offender is then released only if the court is satisfied that they are not any longer a serious danger to the community.
The Supreme Court can make an order for the continuing detention of a sex offender if it believes that the person poses an unacceptable risk of committing further sexual offences. A continuing detention order must be reviewed at least once a year.
Terms of imprisonment and young offenders
In Victoria, courts can order young offenders aged under 21 to serve their custodial sentence in youth detention rather than in an adult facility. This is known as the dual-track system and is designed to prevent vulnerable young people from entering the adult prison system.
The court can make such an order if it is convinced that the young person has reasonable prospects of rehabilitation or if it believes that the young person is particularly impressionable, immature or likely to be adversely influenced by adult prison.
If you require legal advice or representation in a criminal matter or in any other 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.
WHY CHOOSE ARMSTRONG LEGAL?
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