If a person pleads “guilty” in a criminal case, there will be an opportunity to address the Court before sentencing. This oral address is usually made by the offender’s lawyer. It is made in an endeavour to ensure the minimum sentence possible in the circumstances. It also assists the Court in sentencing the offender.
The representations made by a lawyer in these circumstances on behalf of the accused are called a plea in mitigation.
The offence is accepted to have occurred. The lawyer is not denying the offence occurred. Rather, the lawyer is trying to seek the best outcome after a guilty plea.
What does pleading guilty mean?
If you plead guilty to a criminal offence (charge), it means you accept that you committed the offence. It also means you accept the facts as alleged by the police or other prosecuting body.
The offence is contained in the prosecution notice. The prosecution facts are contained in a document called the “statement of material facts”.
You should check what is in this statement before you plead guilty. This ensures you agree with the prosecution’s version of what happened.
If you do not agree with the facts in the statement, you should seek legal advice before you plead guilty. It is prudent to contact your lawyer ahead of the Court date. This allows the lawyer to attend Court and review the papers.
The value of a lawyer at Court
First, the elements of the offence are checked from the facts sheet. If they are made out, the lawyer should then determine whether the client agrees with the version of facts set out in the Facts Sheet.
What is a plea in mitigation?
After a person pleads “guilty” in a criminal matter and before the Court passes sentence, you or your lawyer will have an opportunity to speak. This is called presenting a “plea in mitigation”.
A “plea in mitigation” is an opportunity to provide information that helps the Court decide the appropriate sentence. As part of the plea in mitigation, you may explain why you committed the offence. You may also tell the Court about your background and personal circumstances. This is done in an endeavour to ensure the minimum sentence possible in the circumstances.
This is best done by a lawyer familiar with the issues of interest to the judicial officer concerned. This also assists the Court in sentencing the offender.
You can also address the sentence the Court could impose. For example, if the Court is considering a fine, it is useful to explain that you are not working. You may also explain that you will have difficulty paying a fine. The Court can then consider a community work order instead.
References
These can be over-rated, but in essence it is better to have them available than not have them at all.
Consider the following matters in relation to references:
- Try to have the referee be a person of good standing within the community;
- Any reference should:
- acknowledge the nature of the offence and acknowledge the offence in the reference;
- be addressed to “the Presiding Magistrate” (or Judge as applicable);
- clearly acknowledge the referee’s specific awareness of all the charges;
- state how long the referee has known the offender;
- state how the referee came to know the offender (ie social, work, academic setting);
- express positivity in relation to the offender’s character.
Summary
If you are to appear in Court and think you are in need of legal help, it is wise to contact an experienced lawyer and have a no obligation chat.
You do not want to appear in Court and find that proper representation might have assisted you. You also do not want to find that a guilty plea was accepted where other factors could have helped your case.
This is general information only and you should obtain professional advice relevant to your circumstances. If you or someone you know wants more information or needs help or advice, please call 0450 803 822 or email [email protected].