If you have been charged with a criminal offence, one of the first things you will have to work out is whether to plead guilty or not guilty. This is an important decision and before you make it you should always consult a lawyer. Some of the main considerations to be taken into account in deciding how to plead are:
(a) Presumption of innocence.
By law, you are innocent until proven guilty. This means that you always have the right to plead not guilty, and let the Court decide whether there is enough evidence to prove guilt against you. This applies even if you believe that you are in fact guilty.
(b) Not enough evidence.
Because of the presumption of innocence described above, it is the prosecutor (the police lawyer) who has to prove your guilt. If the prosecutor does not have enough evidence against you to prove your guilt, you are to be found not guilty.
(c) Technical “defence”.
Sometimes it is possible to rely on a “technicality” to throw out of Court some crucial prosecution evidence or the charge. Some of these technicalities include:
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Charge laid too late - Time limits apply to laying of some charges. Charges laid out of time can be thrown out of Court.
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Evidence not admissible in Court - There is a vast body of law about what evidence can and can not be used in court. Sometimes it is possible to rely on evidence excluded from being used in Court. If that evidence is crucial to the case against you, the prosecution case may fail.
(d) Defence.
There are numerous specific defences that can be used to defeat a charge. These include:
Self defence (and defence of others or property);
Insanity;
Necessity; and
Provocation (in some cases).
(e) Discount for early plea of guilty.
By law, a person who pleads guilty early on in Court must be given a discount on their penalty. It is sometimes advisable to consider pleading guilty if there appears to be no prospect of beating the charge.
Pleading Guilty
If you decide to plead guilty, you will go to a sentencing hearing. The purpose of a sentencing hearing is to:
1. Allow you to put your case before the Court as to what the appropriate penalty is;
2. Allow the prosecution to put forward their view of the appropriate penalty; and
3. For the court to then decide what penalty it will impose on you.
Sentencing can be a complex and difficult exercise. There is a whole branch of law about the process of imposing a sentence. In order to minimise the penalty that will be imposed on you, it is vital to properly prepare your case for the sentencing hearing.
This may include:
1. Your lawyer explaining why you committed the offence, and what your personal circumstances are;
2. Obtaining medical reports;
3. Obtaining character references;
4. Doing rehabilitation courses;
5. Evidence from yourself or others;
6. Showing the Court statistics about sentences imposed for a particular offence;
7. Researching cases with similar facts to your case; and
8. Arguing legal points about the law of sentencing.
If you have been charged with a criminal offence, call us now on (02) 9521 2222. You can also send your enquiry online now and we will call you shortly.