-
ACT Articles
-
National Articles
-
NSW Articles
-
QLD Articles
-
VIC Articles
-
WA Articles
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
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.
- Client
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.
- Client
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!!!
- 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 Fernanda Dahlstrom - Content Editor - Brisbane
Fernanda Dahlstrom has a Bachelor of Laws, a Bachelor of Arts and a Graduate Diploma in Legal Practice. She has also completed a Master’s in Writing and Literature. Fernanda practised law for eight years, working in criminal defence, child protection and domestic violence law in the Northern Territory and in family law in Queensland.
Suspended Sentence (WA)
A suspended sentence of imprisonment is a sentencing order that involves the of offender remaining living in the community after being sentenced to jail on the condition that they do not commit a further offence that is punishable by imprisonment. If an offender breaches a suspended sentence, they are generally ordered to serve the term of imprisonment that was ordered in prison. Suspended sentences have been abolished in some states, however, Western Australia retains the suspended sentence as a sentencing option.
What is a suspended sentence?
A suspended sentence is a sentence of imprisonment where the offender does not have to go to prison, but is allowed to remain in the community under certain conditions. 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). This is known as the operational period.
If the offender commits another criminal offence that is punishable by imprisonment during the operational period of their suspended sentence, they will generally be ordered to serve the term that was suspended in prison. However, where there are exceptional circumstances, a court may not order an offender who has breached a suspended sentence to serve the sentence in prison or may only order them to serve part of the sentence.
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.
When can a suspended sentence be imposed?
Section 76 of the Sentencing 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.
Suspended 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.
Breaches of suspended sentences
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 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.
Conditional suspended imprisonment (CSI)
A sentence of imprisonment may be suspended conditionally in Western Australia. The standard conditions imposed are:
- 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.
A conditional suspended sentence must contain a condition that the offender do one of the following things:
- Take part in a program to help them address their offending;
- Submit to monitoring and regular counselling for the purpose of rehabilitation or ensuring compliance with directions.
- Be subject to a curfew when there is a high risk of offending.
Breaches and amendments of CSIs
When a conditionally suspended sentence is breached, either by the commission of a further offence or by failing to comply with a CSI requirement, courts may either order the offender to serve all or part of the suspended term of imprisonment, substitute another suspension period or make an order that the offender is to pay a fine.
An application may be made for the amendment or cancellation of a CSI requirement by the offender, or a Community Corrections Officer. The court may amend or cancel the CSI 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.
Probation is a sentencing option commonly used by courts in Western Australia for adult offenders. How do you define probation?…
A penalty unit is a measurement used to determine the amount of a fine for an offence. The value of…
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?
Sydney Office
Level 35
201 Elizabeth Street
Sydney NSW 2000
Melbourne Office
Level 13
575 Bourke Street
Melbourne VIC 3000
Brisbane Office
Level 5
91 North Quay
Brisbane QLD 4000
Canberra Office
Level 9
Nishi, 2 Phillip Law Street
Canberra ACT 2601
Perth Office
Suite 207
22 St Georges Terrace Perth