Sentencing Hearing Lawyers Sydney
Facing a sentencing hearing? Our specialist Sydney criminal lawyers make powerful submissions to reduce your penalty and protect your future.
- Expert Submissions to Reduce Penalties
- Proven Record in Avoiding Imprisonment
- Avoid a Criminal Record & Conviction
- Clear Strategy for Your Sentence Hearing
Lawyers Available 24/7
Free 1st Consultation
Expert Sentencing Hearing Representation to Minimise Your Penalty
A sentencing hearing is the critical stage of a criminal law matter that determines the penalty you will face after pleading guilty or being found guilty of an offence. The outcome can have a significant impact on your life, as the court may impose penalties ranging from fines and community service orders to a term of imprisonment and a lifelong criminal record.
At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our senior criminal lawyers provide clear legal advice and robust representation across the entire sentencing process, specialising in:
- Plea Negotiations & Guilty Pleas
- Preparing Evidence & Submissions
- Character References & Reports
- Arguing Mitigating Factors
- Sentencing Options & Outcomes
- Avoiding a Criminal Record
What Happens At a Sentencing Hearing?
A sentencing hearing is the critical court proceeding in New South Wales where a Judge or Magistrate determines the penalty for a criminal offence.
This hearing occurs after you have either pleaded guilty or been found guilty of an offence. The court’s focus shifts from determining guilt to deciding on the most appropriate sentence for your actions.
During the hearing, both the prosecution and your defence lawyer will make submissions. The prosecution presents facts and may argue for a harsher penalty by highlighting aggravating factors.
As your criminal lawyer, our role is to present a powerful counter-argument. We tender evidence such as character references and reports, and make persuasive submissions on all mitigating factors, including your personal circumstances, remorse, and prospects of rehabilitation to secure the best possible outcome.
The Judge or Magistrate weighs the seriousness of the offence against your subjective circumstances. The sentencing options available are vast, ranging from a Conditional Release Order with no criminal record, to a Community Correction Order, an Intensive Correction Order, or full-time imprisonment.
Receiving expert legal advice and representation at this stage is crucial to navigating the complexities of criminal law and minimising the penalty you face.
Penalties Involved in a Sentencing Hearing
A judge or magistrate in NSW has a wide range of sentencing options. The penalty they impose depends on the seriousness of the offence, your criminal history, and your personal circumstances. Our role is to make submissions that persuade the court to consider penalties at the lower end of the scale.
Possible outcomes include:
- Dismissal without conviction:Â Under section 10, the court can dismiss the charge, meaning you avoid a penalty and a criminal record.
- Conditional Release Order (CRO):Â A good behaviour bond that can be issued with or without a conviction.
- Fines:Â A monetary penalty imposed by the court.
- Community Correction Order (CCO):Â A sentence served in the community which can include community service work.
- Intensive Correction Order (ICO):Â A term of imprisonment served in the community under strict supervision.
- Full-Time Imprisonment:Â A custodial sentence served in gaol, reserved for the most serious offences.
Key Factors the Court Considers in a Sentencing Hearing
To determine the appropriate sentence, the court must weigh several critical factors. Our criminal lawyers are experts at presenting your case in the most compelling light, focusing on:
- Objective Seriousness of the Offence:Â The specific nature and gravity of the criminal behaviour.
- Mitigating Factors:Â These are crucial aspects that can reduce your penalty. We work to highlight your good character, remorse, prospects of rehabilitation, lack of a prior criminal record, and any other relevant personal circumstances.
- Aggravating Factors:Â The prosecution will highlight factors that increase the seriousness of the offence, such as the use of a weapon or a history of similar offences. We are skilled at challenging and contextualising these claims.
How to Prepare for a Sentencing Hearing
Thorough preparation is the most effective tool for achieving a better outcome at your sentence hearing. At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our expert criminal lawyers provide clear guidance on the essential steps to build a powerful and persuasive case. We work with you to ensure every piece of relevant evidence is presented effectively to the court.
Key preparation strategies include:
- Gathering Powerful Character References:Â We help you obtain compelling letters from family, employers, and respected community members that attest to your good character and provide context to your personal circumstances.
- Collecting Evidence of Rehabilitation:Â Actively participating in counselling, education, or a relevant intervention program before your court date is a crucial mitigating factor. We ensure this effort is properly documented and presented.
- Obtaining Expert Reports:Â Where appropriate, a psychological or psychiatric report can provide the Magistrate or Judge with critical insight into your background, mental health, and other factors that may have contributed to the offence.
- Preparing a Statement of Remorse:Â A well-crafted letter of apology can be a powerful tool to demonstrate genuine remorse and your acceptance of responsibility for the criminal offence.
How to Get the Best Outcome at a Sentencing Hearing
Facing a sentencing hearing without expert legal representation puts your future at risk. The prosecution will argue for a harsh penalty, and only a skilled defence lawyer can effectively counter their submissions.
The team at Daoud Legal: Sydney Criminal Defence & Traffic Lawyers will:
- Analyse all evidence to build a robust and persuasive case.
- Craft compelling submissions that highlight all mitigating factors in your favour.
- Present your case effectively before the Judge or Magistrate, arguing for a lenient sentence.
- Provide clear, honest legal advice throughout the entire court process, ensuring you understand your rights and options.
How Rehabilitation Can Reduce Your Penalty
One of the key purposes of sentencing under NSW law is to promote the rehabilitation of the offender. Demonstrating a genuine commitment to addressing your behaviour can significantly influence the court’s decision and lead to a more lenient penalty. Our defence team is skilled at making submissions that highlight your efforts and potential.
Ways to demonstrate a commitment to rehabilitation include:
- Expressing Genuine Remorse:Â Acknowledging the harm caused by your actions is the first step in showing the court you are taking the matter seriously.
- Participating in Counselling and Programs:Â We can advise on suitable programs for issues such as drug and alcohol abuse or anger management. Completing these shows proactive change.
- Engaging in Personal Development:Â Taking steps toward stable employment or further education can illustrate your potential to make positive contributions to the community.
- Building a Strong Support Network:Â Showing the court that you have the support of family and friends helps prove you have a stable foundation, reducing the likelihood of re-offending.
Talk to a Lawyer Now
Arrested or Charged?
Lawyers Available 24/7
What Our Clients Say
- Ironclad Defence
We build a powerful & proactive defence from the very beginning. We prepare & identify every weakeness in the prosecution’s case to secure your defence.
- Fierce Advocacy
Our lawyers are your fierce advocates, both in & out of the courtroom. We are committed to protecting your rights, your future, and your peace of mind with fearless representation.
Have Sydney's Best Criminal & Traffic Lawyers On Your Side
When you face a criminal or traffic charge, having a formidable legal team in your corner is not a luxury – it’s a necessity. At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our reputation for relentless advocacy and strategic excellence is why we are consistently involved in significant, high-profile cases.
Our work, often highlighted by the media, demonstrates our commitment to every client. We apply the same level of tenacity and expert skill to your case, ensuring you feel protected and have a clear path forward.
Upfront, Fixed-Fee Representation
1st Legal Strategy Session
FREE
Talk to a Lawyer Now
Arrested or Charged?
Lawyers Available 24/7
Why Choose Daoud Legal: Sydney Criminal Defence & Traffic Lawyers
PROVEN RESULTS IN SENTENCING
We have a proven history of achieving the best possible outcome for clients at their sentence hearing. Our defence focuses on powerful submissions to reduce the penalty, avoid imprisonment, and protect you from a criminal record.
EXPERT SENTENCING HEARING LAWYERS
Our senior criminal lawyers have over 40 years of combined experience in criminal law across Sydney. Their deep knowledge of NSW sentencing procedures and strategic approach to arguing mitigating factors provides a significant advantage in court.
Free Strategy Session & 24/7 Help
We offer a free, urgent Strategy Session to provide clear legal advice for your sentencing hearing. Our team is available 24/7 because we know that getting immediate support is crucial when facing a serious criminal offence.
Penalty Reduction Achieved
Client Satisfaction Rate
Our Lawyers
Talk to a Lawyer Now
Arrested or Charged?
Lawyers Available 24/7
FAQs
What is a sentencing hearing?
A sentencing hearing is a court proceeding in New South Wales that takes place after you have pleaded guilty or been found guilty of a criminal offence. Its purpose is for a Magistrate or Judge to determine the most appropriate penalty, or sentence, for the offence.
What happens during a sentencing hearing?
Both the prosecution and your defence lawyer will make submissions to the court. The prosecution will present the facts and may argue for a harsher penalty by highlighting aggravating factors. Your lawyer’s role is to present evidence and argue all mitigating factors to persuade the court to impose a more lenient sentence.
Do i need a criminal lawyer for my sentencing hearing?
Yes, having an expert criminal lawyer is critical. The outcome of your sentence hearing can have a lifelong impact. The highly experienced lawyers at Daoud Legal: Sydney Criminal Defence & Traffic Lawyers specialise in making powerful submissions to achieve the best possible outcome for you.
What penalties can the court impose?
A court in NSW has a wide range of sentencing options. These can include a Conditional Release Order (CRO) without a conviction, fines, a Community Corrections Order (CCO), an Intensive Correction Order (ICO) served in the community, or a sentence of full-time imprisonment.
Can i avoid a criminal record?
Yes, it is possible. A court can find you guilty of an offence but dismiss the charge without recording a conviction under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW). Our defence lawyers have a proven record of securing non-conviction orders for our clients.
What are mitigating factors?
Mitigating factors are the personal aspects of your case that may persuade a court to reduce your penalty. They include your prior good character, remorse, prospects of rehabilitation, an early guilty plea, your age, and any other relevant personal circumstances.
How can a lawyer help argue mitigating factors?
An expert criminal lawyer knows how to gather and present compelling evidence of your mitigating factors. At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, we strategically prepare your case, obtaining character references and expert reports to make the strongest possible submissions for a lenient sentence.
What are aggravating factors?
These are factors that can increase the seriousness of an offence in the eyes of the court, potentially leading to a harsher penalty. Examples include a prior criminal record, if the offence involved violence or a weapon, or if the victim was particularly vulnerable.
What is the main purpose of sentencing?
Under NSW law, the purposes of sentencing include punishing the offender, deterring future crime, protecting the community, and promoting the offender’s rehabilitation. We focus our submissions on your prospects of rehabilitation to encourage a more favourable outcome.
How should i prepare for my sentence hearing?
Thorough preparation is key. This includes gathering strong character references and, where appropriate, participating in a relevant intervention program or counselling. Our lawyers provide clear legal advice and guide you through every step to build the most persuasive case.
What is a sentencing assessment report?
A Sentencing Assessment Report is sometimes ordered by the court to get more information about your background and circumstances. It is prepared by Community Corrections and assesses your suitability for community-based sentences, such as an Intensive Correction Order.
Will i definitely go to jail?
Not necessarily. Imprisonment is considered a penalty of last resort. The expert criminal lawyers at Daoud Legal: Sydney Criminal Defence & Traffic Lawyers are highly skilled in arguing for alternative sentencing options and have a proven history of helping clients avoid imprisonment.
What is an intensive correction order (ICO)?
An ICO is a type of custodial sentence that is served in the community under the strict supervision of Community Corrections. It can include conditions such as home detention, electronic monitoring, and community service work.
How important are character references?
They are extremely important. Well-written character references from employers, family, and respected community members provide the Judge or Magistrate with crucial insight into your good character, which can be a powerful mitigating factor.
Does pleading guilty guarantee a lesser sentence?
Pleading guilty, especially early in the proceedings, is a significant mitigating factor that shows remorse and entitles you to a discount on your sentence. We can provide strategic legal advice on the timing of a guilty plea to ensure you receive the maximum benefit.
What if i disagree with the police facts?
If you accept you committed the offence but disagree with the facts presented by the prosecution, your lawyer can enter into negotiations to have them amended. If no agreement is reached, the court may hold a disputed facts hearing to determine the true factual basis for sentencing.
Can i appeal my sentence?
Yes. If you believe the penalty you received was too severe, you have the right to appeal to a higher court. You must act quickly, as an appeal must be lodged within 28 days of the sentence.
How can showing rehabilitation help my case?
Demonstrating a genuine commitment to rehabilitation is one of the most effective ways to secure a more lenient penalty. Completing counselling or an intervention program shows the court you are taking active steps to address your behaviour and reduce your risk of re-offending.
Which court will my sentencing hearing be in?
Summary offences, which are less serious, are typically sentenced in the Local Court. More serious criminal offences, known as indictable offences, are sentenced in the District Court or the Supreme Court of New South Wales.
How can i get urgent legal advice for my sentencing hearing?
Latest Articles & Guides
Copyright © 2025 Sydney Criminal Defence & Traffic Lawyers. All rights reserved.