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What happens if there is a guilty verdict in a criminal trial?

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?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 26-11-2015
1 Lawyer Answered
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  1. Court Trials & Appeal Courts
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.

 

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