I was found guilty of assault. It was a drunken bar fight which I got dragged into and I have since apologised to the man I injured and offered to pay his hospital bills. He didn’t sustain serious injuries and has accepted my apology. I have no prior convictions and have a young family to support. What happens now I’ve been found guilty? Will the judge consider my family and my apology?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Robert Bailey, Adelaide 5000 SA
- If the judge or jury reached a verdict of “guilty” they have found that the prosecution case has been proven beyond reasonable doubt and you will be convicted of the offence with which you were charged.
- In the event of conviction you will be sentenced by the judge or magistrate at a later date.
- At the sentencing hearing your defence counsel will present a ‘plea in mitigation’ of the penalty. This is an opportunity to:
- explain the circumstances leading up to the offence;
- describe your background and character; and
- make submissions on the type of sentence that is appropriate. This is where your apology and your family will be considered.
- The judge will decide the appropriate penalty based on a number of factors including:
- any effort you have made to make good any loss suffered by your victims;
- the facts of the offence, its seriousness, the injury or injuries suffered and any loss or damage suffered by your victims;
- your personal circumstances;
- any previous offending behaviour on your record especially previous convictions; and
- the sentencing laws of the relevant state or territory.
- You may be sentenced at this time or the matter may be adjourned to enable the judge or magistrate to obtain a pre-sentence report.