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If a court imposes a sentence of imprisonment of less than 18 months, it may direct that that sentence is served by way of home detention. An offender who is sentenced to home detention will be closely monitored by Corrective Services. In certain circumstances you may be allowed to leave your home for work or medical reasons whilst serving your Home Detention order.

In order be sentenced to home detention, you must first be assessed by Correction Services and determined to be suitable.

Your case will then come back to court for the court to order that you complete a your term of home detention.

Can I go to work if I am sentenced to home detention?

In most circumstances, Correction services will allow you out of your home for work or study. You will also be allowed from time to time to attend personal family occasions with prior permission from your Corrective Services officer.

What happens if I breach my home detention order?

It is important that you abide by all the conditions of your home detention order, Corrective Services will determine whether breach of home detention proceedings will be brought before the court.

You may then be required to serve the balance of your sentence in custody.

Our client was a 37 year old man charged with 33 counts of ‘Obtain Benefit by Deception’ more commonly known as fraud. His employers alleged that he claimed fraudulent overtime over a period of 4 years, amounting to fraud in excess of $65 000.

In 2005, our client was convicted of 8 counts of ‘Obtain Benefit by Deception,’ for which he received 100 hours community service. It was always going to be an uphill battle to keep our client out of prison.

Over a period of almost 4 months, our lawyer negotiated with police and reduced the number of charges from 33 to 2. She then appeared before Chief Magistrate Henson and made extensive submissions that the fraud was committed out of ‘need not greed,’ that our client was facing bankruptcy and that the community would not be served by a sentence of full-time imprisonment as it would not allow our client to repay what he owed.

His Honour took the lunch time adjournment to consider non-custodial alternatives. After returning from the lunch adjournment, other solicitors at the bar table were making bets about how long our client would go to prison for.

The consensus was 12-15 months. His Honour returned to the bench and gave a lengthy judgment, specifically stating, ‘A term of imprisonment is the only option. I was impressed with the fine submissions and will do what you ask and put the matter over for a Home Detention assessment.’

Ultimately, our client was found suitable for Home Detention. He was tremendously relieved that we had kept him out of jail.

Contact us for your Free initial consultation. Available at our Sydney CBD, Parramatta, Liverpool, Wollongong or Newcastle office.

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Achieving results one case at a time

Highly recommend! Joseph handled my case and got the result he said i would, communication was great and his advice on what to do to help my case was great, dont hesitate to give them a call if you ever need legal help.

Todd Hurring

Ly Lawyers
5.0
2017-06-25T22:46:32+00:00

Todd Hurring

Highly recommend! Joseph handled my case and got the result he said i would, communication was great and his advice on what to do to help my case was great, dont hesitate to give them a call if you ever need legal help.

Achieving results one case at a time

Want to say a big thanks to Adam and the team, was looking at jail without a doubt, already had 2 other common assaults, a GBH, and a fair few other charges on my record and facing another GBH. Never done jail before and thought this was my time for sure. Great service from them, Adam always answered my calls and step me through everything the whole way. Managed to stay out of jail with a ICO order, big win, thanks again, highly recommend

Breno T.

Ly Lawyers
5.0
2017-06-25T22:53:27+00:00

Breno T.

Want to say a big thanks to Adam and the team, was looking at jail without a doubt, already had 2 other common assaults, a GBH, and a fair few other charges on my record and facing another GBH. Never done jail before and thought this was my time for sure. Great service from them, Adam always answered my calls and step me through everything the whole way. Managed to stay out of jail with a ICO order, big win, thanks again, highly recommend

Achieving results one case at a time

I just wanted to say a big thank you to LY Lawyers. My husband just got his sentence at Parramatta District Court last week, expecting to be in jail a lot longer. He was charged with supplying commercial drugs. LY Lawyers represented him with great passion and commitment, all of their staff chipping in to get a short sentence. Only a year to go before he gets out!

Kim Smith

Ly Lawyers
5.0
2017-06-25T22:53:58+00:00

Kim Smith

I just wanted to say a big thank you to LY Lawyers. My husband just got his sentence at Parramatta District Court last week, expecting to be in jail a lot longer. He was charged with supplying commercial drugs. LY Lawyers represented him with great passion and commitment, all of their staff chipping in to get a short sentence. Only a year to go before he gets out!

Achieving results one case at a time

It was a pleasure to work with LY Lawyers. They got me off from my charge. Could not thank them enough!

William Song

Ly Lawyers
5.0
2017-06-25T22:54:34+00:00

William Song

It was a pleasure to work with LY Lawyers. They got me off from my charge. Could not thank them enough!

Achieving results one case at a time

Joseph was amazing and did a fine job representing me in my case. He got the job done and got me the result I wanted.

Habib Rahman

Ly Lawyers
5.0
2017-06-25T22:55:09+00:00

Habib Rahman

Joseph was amazing and did a fine job representing me in my case. He got the job done and got me the result I wanted.

Achieving results one case at a time

Joseph you did an amazing job representing me at Sydney District court . My prior lawyer didn't do anything for me in the local court, but u guys were great in the district court. Thanks for being patient with me too.

Josh Tyler

Ly Lawyers
5.0
2017-06-25T22:56:43+00:00

Josh Tyler

Joseph you did an amazing job representing me at Sydney District court . My prior lawyer didn't do anything for me in the local court, but u guys were great in the district court. Thanks for being patient with me too.

Achieving results one case at a time

I just wanted to say thank you for helping me with my case and THANK YOU for the section 10!

Craig H

Ly Lawyers
5.0
2017-06-25T22:57:53+00:00

Craig H

I just wanted to say thank you for helping me with my case and THANK YOU for the section 10!

Achieving results one case at a time

The team at LY Lawyers were great to deal with, after getting charged with a minor offence. The costs were upfront and affordable. Communication was great and I felt like they really cared about me. If I was ever in trouble again they would be my first point of call for help.

Sarah Davies

Ly Lawyers
5.0
2017-02-01T00:09:03+00:00

Sarah Davies

The team at LY Lawyers were great to deal with, after getting charged with a minor offence. The costs were upfront and affordable. Communication was great and I felt like they really cared about me. If I was ever in trouble again they would be my first point of call for help.

Achieving results one case at a time

What a result from a great team!

Adam handled my case and put everything he had into it. He's a great lawyer at affordable fees. Would highly recommend.

John L.

Ly Lawyers
5.0
2017-02-01T01:38:38+00:00

John L.

What a result from a great team! Adam handled my case and put everything he had into it. He's a great lawyer at affordable fees. Would highly recommend.
5.0
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