Criminal Law: Drugs - Guides
Drugs
11. Pleading Guilty
Firm / Chambers:
Last updated: 21 Jul 2015
- A plea of guilty means you are admitting that you committed the offence.
- The prosecutor will summarize of the facts for the magistrate. You or your lawyer will then have an opportunity to put your side to the magistrate.
- Your matter may be finalised at the first hearing. Depending on the seriousness of the matter you may or may not have a conviction recorded on your criminal record.
- A penalty may also be imposed.
- You may also be ordered to pay:
- court costs;
- prosecution costs; and
- a victims of crime levy.
- If your matter is adjourned to a later date it is important for you to remember the next court date on which you have to appear. The court will usually give you a notice advising you of the next hearing date.
- If you are charged with an offence that may result in a period of imprisonment the magistrate may decide not to hear your matter until you have had an opportunity to obtain legal advice and representation.
- If your matter is very serious and you plead guilty then your lawyer will try to obtain a suspended prison sentence.
- If good reason exists then it is appropriate for a judge or magistrate to suspend a term of imprisonment.
- If the judge or magistrate considers there is a chance you may reform then a good reason to suspend a term of imprisonment may exist.
- If you have already received a suspended sentence on more than one occasion it is less likely you will be given the same benefit again.
- Factors that would encourage a judge or magistrate to suspend a prison sentence include:
- your prospects of rehabilitation;
- the detrimental effect of imprisonment on your family; and
- the impact of losing your job as a result of the conviction.
- It is important to understand that a suspended sentence is a sentence of imprisonment. It carries all the consequences involved on your criminal record.
- A single breach of the terms of your suspended sentence may result in the full sentence being reinstated and you can go to prison.
- Suspended prison sentences are not available in all states and territories.
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