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."
Youth Diversion Children's Court (Vic)
In Victoria, diversion programs aim to keep child offenders out of the criminal justice system via early intervention. There are many types of programs, all tailored to meet the needs of the particular offender and all focusing on rehabilitation and deterrence.
The Children Youth and Families Act 2005 encourages the use of diversion, following the principles that:
- a child should be diverted away from the criminal justice system where possible and appropriate;
- the stigma of a child’s contact with the criminal justice system should be reduced;
- a child should be encouraged to accept responsibility for their unlawful behaviour;
- the response to a child’s offending should acknowledge the child’s needs and help with rehabilitation;
- a child should be helped to strengthen and preserve relationships of importance;
- a child should be provided with ongoing help to connect with education, training and employment.
Under the Act, before accepting a formal plea to a charge, a court can adjourn the proceeding for up to 4 months to enable the child to take part in a diversion program. The court can make the decision itself, or the offender or prosecutor can request the move. When deciding whether to grant an adjournment, the court must consider factors such as the seriousness and nature of this and any previous offending, and the impact on any victim.
Before an adjournment can be granted, the child must acknowledge to the court responsibility for the offence and consent to diversion. Before consenting to diversion, the prosecutor must consider factors such as any failure to complete previous diversion programs and the child’s level of involvement in the offending.
If there is no such adjournment, the court can refuse to accept a guilty plea or allow a child to withdraw a guilty plea if:
- it considers diversion may be appropriate for the child;
- it has not heard any evidence;
- the prosecutor does not object.
Determining the type of diversion
When deciding on the type of diversion program to order, the court must consider factors such as:
- ensuring the program is not more punitive than the sentence that would otherwise have been imposed;
- ensuring the program is achievable and measurable;
- the child’s personal characteristics and circumstances;
- trying to maintain the child’s engagement in education, training and employment;
- ensuring the program is culturally appropriate;
- the impact on any victim,
- whether a restorative approach is appropriate.
Once a child has completed a diversion program to the satisfaction of the court, no plea to the charge can be taken and the court must discharge the child without any finding of guilt. Completion of the program is a defence to any later charge for the same offence or similar offence arising out of the same circumstances. If the child does not complete the program and is subsequently found guilty of the charge, when sentencing the child the court must take into account the extent to which they complied with the program.
Types of Diversion
There is a range of diversion programs available in Victoria. Below are some examples.
Victoria Police have the power to issue a caution to a young person as an alternative to court proceedings. The police must consider factors such as the seriousness of the crime, the extent of damage or injury caused, the deterrence effect and any previous cautions issued.
A young person apprehended by police for use or possession of illicit drugs may be eligible to take part in a drug diversion program. The person must be aged over 10, admit to the offence, and not have received more than one caution notice.
Children’s Court Youth Diversion Service (CCYD)
CCYD allows a young person fronting the Children’s Court to complete a diversion plan and have their charge dismissed. CCYD targets those with no or limited criminal history who would otherwise receive a sentence that would not receive supervision. The service began in 2017 and operates in all Children’s Courts in Victoria. CCYD co-ordinators attend all court sittings to conduct assessments, advise the court and develop plans for young offenders.
A diversion plan can include the child:
- writing a letter of apology to a victim;
- having a discussion with a CCYD co-ordinator to help the child understand their offending;
- re-engaging with education or employment,
- committing to an activity to improve health and wellbeing, such as counselling;
- engaging in a structured activity to promote positive social interaction, such as sport or music.
This program involves the Children’s Court, police and youth workers, and targets children who are first-time offenders who have committed minor offences. The child takes part in rock climbing or a ropes course and education sessions to prevent further offending. When a child has completed the course, police can recommend to a court that the child’s charge be dismissed.
This 8-week program is an intensive one for children aged 10 to 17 who have committed a serious offence. A case manager designs a diversion plan tailored to a child’s circumstances which could include homelessness, mental illness, or drug use. At the end of the program, the case manager submits a report to the court on the child’s progress. If the child has completed the program successfully, the charge is dismissed.
Youth Justice Group Conferencing
This restorative justice program works to balance the needs of young offenders, victims and the community via discussions between the parties. Its aims include helping the child understand the impact of their offending and so reduce the chance of them reoffending; satisfying victims that justice has been served; and improving the child’s connection with the community.
For advice or representation in any legal matter, please contact Armstrong Legal.
Under the Victorian Sentencing Act (1991) a person who is charged with criminal offences is classified as a young offender if…
Extra-curial punishment is serious loss or detriment imposed on an offender other than that imposed by a court. Such punishment…
When determining any sentence, a court must consider a number of sentencing objectives and principles. These include just punishment, general…
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
22 St Georges Terrace Perth