Speak to a Consultant Free Call | Mon - Fri | 9am - 5pm
1800 001 212

Drugs

11. Pleading Guilty

Authors: Robert Bailey
Firm / Chambers:
Last updated: 21 Jul 2015
    11. Pleading Guilty
  • 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.

 

View more Information on Criminal Law

Connect with a Lawyer