Pleading Not Guilty
An important aspect of the criminal justice system is that there is the presumption of innocence and the right to plead not guilty.
A Defendant who is charged with a criminal offence does not have to prove his/her innocence. The prosecution bears the burden of proof that an accused person is guilty. That burden is proof beyond a reasonable doubt.
An accused person may have several reasons for choosing to plead not guilty to an offence.
The main reasons as to why a Defendant my choose to plead not guilty are as follows:
- The accused person my decide to put the prosecution to prove the offence/s which it alleges to have been committed. In such instances, the accused does not admit the offence and puts it to the prosecution to prove each and every element of the offence beyond a reasonable doubt. This option usually takes place when the prosecution case is weak or witnesses for the prosecution provide conflicting or contradictory versions, or fail to attend Court and/or fail to give evidence which strengthens or supports the prosecution case. The accused person may decide not to give any evidence at all and simply leave it to the prosecution to try and prove its case beyond a reasonable doubt.
- The accused did not commit the offence/s alleged. In the instance, an accused will most likely give evidence as to what occurred and that the alleged offence/s did not happen.
- The accused may have a legal defence to the alleged offence, for example, the accused may admit that he/she did in fact push the complainant to the chest but same was done after having been punched to the face by the complainant. In this instance, the legal defence of self-defence can be raised by the accused. An accused will generally give evidence if a legal defence is to be made and will provide his/her version of events.
Pleading Not Guilty in the Local Court
A plea of Not Guilty can be entered at the Local Court on the first mention date. Once a plea of not guilty has been entered, the Court will generally make orders for the prosecution to serve a brief of evidence on the accused by a specified date. The brief of evidence is all the evidence which the prosecution intends to rely at the defended hearing. It may entail statements, either written or electronic, CCTV footage, medical records, recordings of 000 calls, forensic evidence.
It is important to review the brief of evidence in its entirety to also determine the strength of the prosecution case. In some instances, where the prosecution case is strong, it may result in the accused deciding to change his/her plea to one of guilty.
The Court will also likely list the matter for a hearing on a future date. At the hearing, the prosecution will present their case first, followed by the accused/defence. The Court will then make a determination as to whether the prosecution has established the guilt of the accused beyond a reasonable doubt.
If the accused is found not guilty, then the case will be dismissed. If, however, the accused is found guilty then the matter will proceed to Sentencing which may be the same date or a future date.
Pleading Not Guilty in the District Court or Supreme Court
Pleading Not Guilty in the District Court or Supreme Court is a more detailed process.
The matter will commence in the Local Court and go through some procedural phases. The first phase is that the prosecution is to serve a brief of evidence on the accused/defence.
Once the brief has been served, the matter will be adjourned for charge certification. This entails the transfer of the matter from the Police to the Office of the Director of Public Prosecutions (ODPP). The ODPP receives the evidence and determines what charges to proceed with and/or withdraw.
After charge certification, the matter is adjourned for a case conference date. This involves ongoing negotiations and discussions between the accused/defence and the ODPP. If negotiations fail and the matter cannot be resolved, the accused/defence will enter a plea of not guilty in the Local Court. The matter will then be “committed” to the higher Court for Arraignment. The plea/s of not guilty are then entered at the higher Court once again and the matter is listed for a trial on a future date.
If you are wanting to plead not guilty and have your matter defended by one of our experienced lawyers at NCL, do not hesitate to get in touch with us and let us defend your rights.
