Pleading Guilty
Pleading guilty to an offence is a decision which should be taken after having duly considered the alleged facts and charges, the strength of the prosecution case and after exploring possible defences.
Pleading guilty means that you are agreeing to the facts and the charges as alleged by the police. A plea of guilty can be entered at different stages in the criminal proceedings.
Pleading guilty to a charge at an early stage means you can receive a sentencing discount of up to 25%.
Pleading guilty in the Local Court
For criminal law matters which are dealt with summarily in the Local Court, once a plea of guilty has been entered, the matter will then proceed to sentence. This means that the court will consider what sentence or punishment to impose on the Defendant.
The Court will take into account the facts in relation to the matter and consider any aggravating or mitigating factors in relation to the matter.
For some matters, the Court may order a Sentencing Assessment Report. This is a report which is prepared by Community Corrections and the purpose of the report is to assist the Court in determining an appropriate sentence and other conditions. It usually takes about 6 weeks in order for such a report to be obtained. This will then require your case to be adjourned for a period of time so that a report can be prepared.
Pleading guilty to an Indictable Offence
Pleading guilty to an indicatable offence means that the Local Court Magistrate will commit the matter to the District Court or Supreme Court for Sentencing. The Magistrate is unable to sentence you and you will have to be sentenced in a different Court on a different date.
Entering a plea of guilty for in indictable offence under the Early Appropriate Guilty Plea (EAGP) scheme in NSW, can automatically reduce the sentence because of the mandatory discount scheme which applies. The purpose of the scheme is to encourage early pleas of guilty to expedite the process, recognise the utilitarian value of an early plea and thereby saving court resources. It also demonstrates the Defendant’s acceptance of responsibility for their actions.
The amount of discount depends on when a guilty plea is entered and is as follows:
- 25% discount for a guilty plea entered in the Local Court;
- 10% discount for a guilty plea entered up to the day before a hearing is due to commence;
- 5% discount for a guilty plea on the days before the hearing is due to commence or day of the trial.
Sentencing
At sentencing, the Court will take into account the facts or alleged and/or agreed, the aggravating and mitigating factors applicable to the matter and any other subjective material tendered by the Defendant.
It is important to obtain, where necessary, character references and draft an apology letter to the Court. Factors such as contrition and remorse, acceptance of responsibility and steps taken to rehabilitate oneself are crucial in the sentencing phase.
In some instances, a report by a psychologist and/or psychiatrist can be very important during sentencing phase.
If you are wanting to plead guilty and require legal representation from one of our experienced lawyers, contact NCL today to make the process less stressful and achieve the best possible outcome for you.
