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Custodial sentence
Anyone have any experience

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#1 JuliaGulia

Posted 24 November 2012 - 06:19 PM

I'm asking this on behalf of a friend, who is in a bit of distress right now (she knows I'm asking).  Her DH has recently been sentenced to a period of time in gaol (less than 12 months) for a drug related crime.  I don't know all of the details of the crime, but my understanding is that it was a fairly small amount and would come under most people's definition of "light" drug.

Anyway, after months of the whole process dragging out, he has now been sentenced and will be away from the family.  He has been given some months in gaol plus a parole period, which seems to be fairly standard.

Does anyone have any experience or information regarding how likely it is that he would see out the entire custodial time?  Obviously, for my friend, she will be apart from her husband and children's father for Christmas and is struggling with this quite a bit.

My opinion, which is not all that well-educated, is that very few people seem to see out the entire sentence, even for crimes that are far more serious.

Any clues?

#2 ~Jam~

Posted 24 November 2012 - 06:22 PM

It would depend if the judge set a non-parole period or allowed time off for good behaviour.

Unfortunately both of the people I know sentenced to a gaol sentence, served their full time. One 12 months and the other 15 months.  This however was in QLD and both were much more serious charges than your friend's DH.

Maybe that will change things.

Hoping the best for your friend and her family.

#3 ~elle~

Posted 24 November 2012 - 06:22 PM

I think someone previously mentioned in another thread that theres a group set up to support families - don't know the name but I think it would depend on what state you're in.

#4 Mitis angelam

Posted 24 November 2012 - 06:25 PM

You can also often access support for families through the prison chaplaincy service.

Sorry, I can't be much more help than that...

#5 *Lib*

Posted 24 November 2012 - 06:26 PM

I hope he serves his full time.......

My ""friend'" served 18 months after getting 18months.

#6 corbel

Posted 24 November 2012 - 06:27 PM

There would have been a minimum sentence prescribed. With lesser custodial sentencing it would be rare for the whole time not to be served as otherwise the judge would have imposed a non-custodial sentence.

#7 JuliaGulia

Posted 24 November 2012 - 06:28 PM

Thank you for your replies.  Ange, I will pass that on, I think that could be really helpful.

#8 BetteBoop

Posted 24 November 2012 - 06:31 PM

OP, I've heard the majority of offenders only serve 50% of their custodial sentences. I'm sure your friend could google to check if this is correct or not.

In my personal experience, it seems accurate.

#9 Chasing*Rainbows

Posted 24 November 2012 - 06:40 PM

I had a boyfriend years ago that was sentenced to 18 months but with a minimum of 12 months. He was released the day he'd served 12 months.

#10 Paladin

Posted 24 November 2012 - 06:58 PM

If he's been given a control order with a parole and non-parole period he will be released on the day the non-parole expires and the parole begins.  Unless something major happens and the conditions are changed.

#11 Soontobegran

Posted 24 November 2012 - 06:58 PM

It is a long sentence for what is a small amount of a light drug so perhaps he has prior charges which would mean he is less likely to be released early sad.gif
I think the support groups that AV suggests are going to be the best bet for your friend.

#12 kaboo

Posted 24 November 2012 - 07:10 PM

Check out the resources here: http://www.legalanswers.sl.nsw.gov.au/info...ex.html?id=5485

Particularly the Families Handbook.

Even though it's primarily for NSW there would be useful info for any place in Australia.

#13 Jaimdee

Posted 24 November 2012 - 07:35 PM

It would depend on the state you are in as different states, different rules in relation to parole. In Qld, you would not get that sentence for a small amount of a light drug (keep in mind the amount of drug is the pure weight not the actual weight of the drug found).  It would have to be supply or an allegation of commerciality.  What would also give it away in Qld is which court sentenced him.

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