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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

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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.

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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.

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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.

- Client

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.

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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!!!!

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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

- Client

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.

- Client

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.

- Client

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.

- Client

"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."

This article was written by Courtney Ashton - Solicitor - Perth

Courtney holds a Bachelor of Laws and a Bachelor of Criminology and Justice from Edith Cowan University and a Graduate Diploma of Legal Practice from the College of Law. Courtney is a dedicated practitioner who enjoys a challenge and has competently completed many traffic and summary jurisdiction matters. Courtney enjoys advocacy and has appeared in a number of drink driving,...

Suspended Sentence (WA)

In some cases, when sentencing a person for a criminal offence, a court may be of the view that the only appropriate sentence is a term of imprisonment. However, in Western Australia, a court may order that that the term be suspended for a period of time. This article deals with suspended sentences in WA.

What is a Suspended Sentence?

A suspended imprisonment order (SIO) is a sentence of imprisonment where the offender does not have to go to prison but is permitted to remain in the community. In other words, the term of imprisonment that was imposed ‘hangs over’ the offender for a period of time that the court has specified (not for longer than 24 months).

When Can A Suspended Sentence Be Imposed?

Section 76 of the Sentencing Act 1995 (the Act) sets out the circumstances where a term of imprisonment may be suspended in Western Australia and those where it may not be.

A suspended sentence can be ordered where a term of imprisonment of 60 months or less is appropriate.

A suspended sentence of imprisonment may not be imposed if:

The offence was committed while the person was on an early release order (for example, parole or home detention);
The offence was committed while the person was serving a sentence of imprisonment.

Breach of a suspended sentence

If the offender commits another criminal offence that is punishable by imprisonment during the suspension period of their suspended sentence, they will generally be ordered to serve the term or part of the term that was suspended in prison.

When an offender breaches a suspended sentence in Western Australia by committing another criminal offence (in WA or elsewhere) that attracts imprisonment, the court must either:

order them to serve the term suspended;
order them to serve part of the term suspended
substitute another suspension period for the period originally imposed;
fine the offender an amount of up to $6,000.

The court must order the offender to serve the term suspended (as per 1) unless it would be unjust in the circumstances to do so. If the court does not order the offender to serve the term that was suspended, it must provide written reasons (or oral reasons that may be transcribed).

If the suspension period passes without a further criminal offence being committed, the offender is discharged from the sentence without having to serve any time in prison.

Conditional Suspended Imprisonment Order (CSI)

Should the offender have residual treatment needs that need addressing the court may choose to conditionally suspend the term of imprisonment.

Should the court impose a CSIO, the following standard obligations will be imposed:

The offender must report to Community Corrections within the first 72 hours after their release;
The offender must not leave the state without permission;
The offender must inform Community Corrections of any change of residential address or employment details within two working days of the change.

In addition to above, a CSIO must contain at least one of the following primary conditions:

A programme requirement to assist the offender address their offending;
A supervision requirement which is undertaken by Community Corrections to ensure the offender is regularly monitored in the community; and

A curfew requirement when there is a high risk of offending.

Breaches of an CSIO

The same penalties apply for breaching a CSIO as above.

Amending a CSIO

An application may be made for the amendment or cancellation of a CSIO requirement by the offender, or a Community Corrections Officer. The court may amend or cancel the CSIO requirement if it is satisfied that the offender’s circumstances have changed or were wrongly presented to the court at the time of sentencing.

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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