Other Criminal Law
8. Pleading Guilty
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 12 Jul 2015
- If you plead guilty to the charge then your case will proceed as a sentence hearing. Sometimes this is called a plea hearing. This can occur on the same day or on a different day.
- If your matter is serious it may be transferred to a higher court such as the District or County Court.
- You may represent yourself or you may have a lawyer. You can Find a Lawyer near you by using LegalEagle’s™ free directory of all lawyers in Australia.
- You should obtain any information you want the magistrate to take into account before the first court date. This includes:
- character references from people who know you well such as your employer or teacher;
- letters from your doctor if you have been suffering from any medical condition;
- letters from your employer outlining your employment history.
- If you ask someone to write a reference or letter to use in court it is important that you tell them why you need it and about the offence you have been charged with. The references and letters will carry more weight with the magistrate if you do.
- References for job applications and doctor’s certificates for sick leave will not help your case.
- For a repeat offender who may be facing imprisonment the court may order a pre-sentence report. This means someone from Community Corrections will interview you and advise the court whether you are suitable for a community based sentence.
- In deciding on sentence (penalty) the court will take into account things such as:
- the circumstances of the offence;
- your personal circumstances including any references or letters;
- your criminal history;
- any Victim Impact Statements;
- the maximum penalty for the offences;
- current sentencing practices for similar offences;
- the nature and gravity of the offence;
- your degree of responsibility for the offence;
- any injury loss or damage resulting from the offence;
- your plea of guilty; and
- any recommendations made in a pre-sentence report.
- The magistrate will announce the sentence and give reasons for their decision.
- You can appeal the sentence to the District or County Court. If you want to appeal you should be aware that:
- there are strict timeframes for lodging an appeal; and
- on appeal you could face a harsher penalty than the one you received in the Magistrates’ or Local Court.
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