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Facing Criminal Charges in Sydney? We Can Help You Navigate the Plea Process.
It’s a difficult situation when you’re facing criminal charges. You might be unsure what to do next, what the consequences could be, and how to protect your future. We can help you understand your options, including the possibility of a plea bargain and the implications of pleading guilty.
Why Plead Guilty?
Demonstrates Remorse​
This discount recognises the utilitarian value of a guilty plea, such as saving court time and resources, as well as the offender's remorse and willingness to facilitate the course of justice.
Reduces Charges
In some cases, pleading guilty early may result in the prosecution reducing the number of charges or downgrading the severity of the charges, leading to a more favourable outcome.
Avoids Trial
By pleading guilty, you can avoid the stress and uncertainty of a trial, as well as the potential for harsher penalties if found guilty after a trial.
Sentencing Discount​
In New South Wales, the general rule is that an early appropriate guilty plea will result in a sentencing discount, typically ranging from 10% to 25% off the sentence that would have been imposed if the matter had gone to trial.Â
If You Decide to Plead Not Guilty
If you choose to plead not guilty, it means you are denying the criminal charge and intend to defend yourself against the allegations. In this case, the matter will proceed to a hearing or trial, where the prosecution will need to prove the case beyond a reasonable doubt to avoid criminal conviction.
Pleading not guilty in the local court allows you to present your defence and challenge the strength of the evidence against you. However, it is essential to understand that if found guilty after a trial, the court may impose a harsher sentence than if you had pleaded guilty initially.
Steps Involved If You Plead 'Guilty'
Step 1: Court Attendance
You will be required to attend the Local Court in Sydney on the scheduled court date specified in your court attendance notice or written notice of pleading.
Step 2: Entering a Plea
During the court appearance, the magistrate will ask you how you wish to plead – guilty or not guilty – to the charge(s) against you. If you plead guilty, the court will proceed to the sentencing phase
Step 3: Presenting Evidence
The prosecutor will hand up the facts sheet, also known as the brief of evidence, and your criminal history to the magistrate. This document outlines the details of the alleged offence and the evidence against you.
Step 4: Sentencing
The magistrate will consider the information provided, including any mitigating factors or character references, and impose a sentence.
Depending on the nature and severity of the offence, potential penalties may include fines, good behaviour bonds, community service orders, or custodial sentences.
Step 5: Mitigating Factors & Character References
Your criminal defence lawyer will have the opportunity to present mitigating factors, such as personal circumstances or a demonstration of remorse, as well as character references from respected members of the community. These can significantly influence the sentencing outcome.
What Happens When You Plead 'Guilty'?
Depending on the charge, an accused person served with a court attendance notice may lodge with the Registrar notice in writing that they will plead guilty or not guilty. If the notice is lodged no later than 7 days before the person is required to attend court, they are not required to attend. This does not apply to a person who has been granted or refused bail.
A guilty plea may be accompanied by additional written material detailing mitigating factors.
Entering a Plea in Court
If attending court, the Court will state the substance of the offence and ask the accused to enter a plea. An accused person may at any time during committal proceedings plead guilty to an offence.
Entering a Plea in Court
A guilty plea may either be accepted or rejected.
What Happens When a 'Guilty' Plea is Rejected?
A judge of the District or Supreme Court may order committal proceedings be continued before a Magistrate in respect of a person who has pleaded guilty if:
It appears that the facts represented in the court attendance notice do not support the offence to which the person pleaded guilty.
The prosecutor requests the order be made.
For any other reason, the Judge thinks fit to do so.
On the resumption of committal proceedings, the proceedings continue as if the person had pleaded not guilty. Rejection of a guilty plea does not prevent an accused person from pleading guilty at a later stage in proceedings.
Entering a Plea in Court
The Attorney General or Director of Public Prosecutions may alternately direct that no further action be taken in respect of an offence, at their discretion.
What Happens If You Plead 'Not Guilty'?
If an accused person pleads not guilty, they are taken to have committed themselves for trial.
A court is not permitted to penalise an offender for pleading not guilty if the person is ultimately found guilty of the offence. The imposition of a penalty more serious than would otherwise be imposed is not allowed [Siganto v The Queen at 663].
What Happens If You Refuse to Plead?
If the accused person who is arraigned stands mute, or will not answer directly to the indictment, the court may order a plea of not guilty be entered on their behalf.
Guilty Plea to Offence Not Charged
If the accused is arraigned for indictment and can lawfully be convicted on the indictment of some other offence not charged in the indictment, they may plead not guilty of the offence charged but guilty of the other offence.
The Crown may elect to accept the plea of guilty or proceed on the original charge.
What happens If You Plead 'Guilty' But Dispute Certain Facts?
Any dispute as to matters that go beyond the essential elements of the offence must be resolved by a contested hearing on those facts.
What happens If You Plead 'Guilty' to an Indictable Offence?
For certain serious offences, known as indictable offences, the case may be committed to the District Court or the Supreme Court of New South Wales if the matter is considered too serious for the Local Court’s jurisdictional limit. In these cases, the process of pleading guilty or not guilty, and the subsequent trial or sentencing proceedings, will take place in the higher court.
Our experienced criminal defence lawyers in Sydney can guide you through the legal processes involved in these higher courts.
What is a 'Sentencing Discount'?
A sentencing discount is a reduction in the otherwise appropriate sentence by a quantifiable amount due to a guilty plea. It is applied after the appropriate sentence has been determined [R v Borkowski at 32].
The discount should generally be assessed in the range of 10-25%. The primary consideration is the timing of the plea [R v Thomson & Houlton at 419]. When passing sentence for an offender who has pleaded guilty, the court must take into account:
The fact that the offender has pleaded guilty.
When the offender pleaded guilty or indicated an intention to plead guilty.
The circumstances in which the offender indicated an intention to plead guilty.
It is at the Court’s discretion whether to impose a lesser penalty and they may not always do so. The sentence must not be unreasonably disproportionate to the nature and circumstances of the offence.
Circumstances the Court may take into account include:
The number and types of charges
The measure of remorse evident
The offender’s assistance to authorities
What Happens if I Change My Plea?
If an accused person pleads guilty during the trial, and the court accepts the plea, the court is to discharge the jury and the accused is liable for punishment accordingly.
If the accused is brought before a higher court after having plead guilty and changes their plea to not guilty the Judge is to commit them for trial.
When Can a 'Guilty' Plea be 'set aside'?
A court may set aside a guilty plea in the following circumstances:
The appellant did not appreciate the nature of the charge to which the plea was entered.
The plea was not free and voluntary.
The plea was not attributable to a genuine consciousness of guilt.
The plea was induced by threats or other impropriety [Johnston v R].
Get the Guidance You Need
Facing criminal charges can be an overwhelming experience, but you don’t have to navigate the legal system alone. At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our experienced criminal defence lawyers in Sydney are dedicated to providing you with the support and representation you need throughout the process.
Whether you wish to plead guilty or not guilty, our team will carefully evaluate your case, advise you on the best course of action, and work tirelessly to ensure you receive the best possible outcome.
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FAQs
What is a guilty plea?
A guilty plea is a formal admission to the court that you accept responsibility and committed all elements of the criminal charge. By doing so, your case proceeds directly to sentencing, bypassing a trial.
Why would someone plead guilty?
Someone would plead guilty to receive a significant sentence discount, avoid the stress of a trial, and demonstrate remorse to the court. These factors are recognised by the court and often lead to a more lenient outcome.
What are the sentencing options a court has?
A court has a range of sentencing options, from fines and good behaviour bonds to imprisonment in serious cases. A court can also find you guilty without recording a criminal conviction, which is a highly favourable outcome.
How can I get a better sentence if I plead guilty?
You can get a better sentence by pleading guilty early, providing strong character references, and showing genuine remorse or efforts at rehabilitation. These mitigating factors help persuade the court that a more lenient penalty is appropriate.
What is a 'Form 1' offence?
A ‘Form 1’ offence is a related, less serious charge that is dealt with alongside a more serious indictable offence. The court does not impose a separate penalty for this offence as it is taken into account during sentencing for the primary charge.
Does pleading guilty always mean I will receive a criminal conviction?
No, pleading guilty does not always mean you will receive a criminal conviction. A court can find you guilty but not record a conviction through outcomes like a Section 10 dismissal.
What if I am considering entering a guilty plea?
If you are considering a guilty plea, it is crucial to get expert legal advice from a criminal lawyer first. They can assess your case, explain all potential consequences, and negotiate with the prosecution on your behalf.
Can I represent myself in court for a guilty plea?
While you can legally represent yourself for a guilty plea, it is highly recommended to have an experienced lawyer. A lawyer can navigate the complex court process and make persuasive submissions to ensure you receive the best possible sentence.
How much is the sentence discount for an early guilty plea?
The sentence discount for an early guilty plea in a serious (indictable) case is typically 25%. This discount is applied by the court to acknowledge the utilitarian value of your plea.
Does the discount decrease if I plead guilty later?
Yes, the sentence discount reduces significantly if you plead guilty later in the proceedings. Under the EAGP scheme, it can drop to 10% or even 5% in the higher courts, rewarding the earliest possible plea.
What if the police Facts Sheet is wrong?
If the police Facts Sheet is wrong, your lawyer can make formal representations to the prosecution to negotiate amendments. This ensures the magistrate sentences you based on an accurate version of events.
Can I change my mind after pleading guilty?
You can only apply to change a guilty plea to not guilty in exceptional circumstances before you are sentenced. This might be possible if the plea was not voluntary or if you misunderstood the charge.
What happens if I was convicted because I missed my court date?
If you were convicted in your absence, you can make an application to have the conviction annulled. This allows the case to be heard again in court with you present.
Can I plead guilty without going to court?
For some minor offences, you can submit a Written Notice of Pleading at least seven days before your court date. However, this option is not available if you are on bail.
What are mitigating factors?
Mitigating factors are your personal circumstances, such as remorse, good character, or efforts at rehabilitation, that can persuade a court to impose a more lenient sentence. Your lawyer will present these factors on your behalf.
What is a Sentencing Assessment Report?
A Sentencing Assessment Report is a report prepared by Corrective Services to give the magistrate more information about you. It helps the court determine which sentencing options are available and appropriate.
Will my case always be finalised in the Local Court?
No, more serious offences, known as indictable offences, are referred to the District or Supreme Court for sentencing or trial. The initial stages of these cases still begin in the Local Court.
What happens if I refuse to enter a plea in court?
If you stand mute or refuse to plead, the court will typically enter a plea of not guilty on your behalf. The matter will then proceed to a defended hearing or trial.
What is the Early Appropriate Guilty Plea (EAGP) scheme?
The EAGP scheme applies to serious (indictable) offences and provides a structured process for early evidence disclosure and negotiation. It is designed to encourage early guilty pleas for a maximum sentence discount.
What does a criminal lawyer do when you plead guilty?
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