Other Criminal Law
9. Pleading Not Guilty
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 12 Jul 2015
- If you plead not guilty then your case will be listed for a contested hearing (trial).
- Less serious offences will be heard and determined in the Magistrates’ or Local Court by a magistrate. Serious criminal matters will be transferred to a higher court such as the District or County Court where they are heard before a judge and jury.
- The police will provide you with a ‘brief of evidence.’ This includes all the documents and evidence they are relying on.
- You may have to attend court for ‘mention hearings.’ These hearings are procedural so the court can ensure the case is on track and will be ready to proceed on the date for contested hearing (trial).
- At the contested hearing (trial) the police will call their witnesses and tender (submit) other evidence that they rely on to prove their case.
- Your lawyer will have a chance to question the witnesses and test the police evidence.
- As with any criminal charge it is for the prosecution to prove the charge beyond reasonable doubt. You are not required to prove anything unless you are raising a defence to the charge.
- If you think you have a legal defence you will have a chance to call witnesses and tender (submit) evidence to support your case. Possible defences in criminal case include:
- self-defence;
- duress;
- necessity;
- consent; and
- protection of property.
- If you think you have a legal defence to a criminal charge a lawyer is the best person to speak to about how to raise the defence and what you need to prove. You can use our free Find a Lawyer directory to contact a lawyer near you.
- At the end of the contested hearing (trial) the magistrate will consider the evidence and give their verdict.
- If you are found ‘not guilty’ you are free to go.
- If you are found ‘guilty’ your matter will be listed for a ‘sentence hearing’. This is sometimes called a ‘plea hearing’.
- You should obtain any information you want the magistrate to consider before the sentence hearing. This includes:
- character references from people who know you well such as your employer or teacher; and
- letters from your doctor if you have been suffering from any medical condition.
- 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; 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 verdict and sentence to the District or County Court or to the Court of Appeal. 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 at first instance.
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