Sentences

Dependant on the charge, a defendant may be sentenced before the Magistrates Court (either at the first mention date or a later sentence date), District Court or Supreme Court.

The days of defendants “throwing themselves at the mercy of the courts” are long gone.

Proper sentencing representation requires a detailed and intimate knowledge and understanding of the relevant statutes governing sentencing procedures and principles.

The sentencing process is multi-layered in that it involves not only the placing of the facts of the offence before the court by the Prosecutor but also, importantly, submissions by the Defence Lawyer on behalf of the defendant.

Defence submissions should address not only the prosecution facts but also appraise the court of the personal circumstances of the defendant.

Personal references, work references, letters of support and, if relevant, medical reports, are commonly tendered by Defence Lawyers for consideration by the sentencing court.

We prepare defence submissions after ascertaining full and complete details concerning the offence and also details regarding our client’s background.  These details include family and personal background, employment history, achievements and medical history.  This information is commonly supported by references (work and personal), letters of support, certificates of achievement and medical reports.

The sentencing process may also involve issues of law, particularly if certain portions of the prosecution particulars are in dispute.  This may lead to a contested sentence hearing which necessarily requires expert understanding and knowledge of the relevant offence, evidentiary issues and sentencing principles.

Andrew’s specialist knowledge in the area of criminal law ensures that the sentencing court is appraised of all favourable, relevant, prior comparable sentences so that our clients are given the opportunity of the best possible outcome in the circumstances.