When you plead guilty to an indictable offence that needs to be heard in the District Court, the matter will be listed in the Sentence Mention List first. Before this hearing, the prosecution will need to provide you with an Indictment, which sets out the charge or charges, and a sentencing brief containing all the material relevant for sentencing.
At the Sentence Mention hearing, your lawyer will need to be able to tell the court the following:
- Whether you have received the Indictment and Sentencing Brief;
- Whether you are ready to list the matter for sentencing;
- How long the sentencing hearing is likely to take;
- Whether you need leave to retain your Pre-Sentence Report/Psychological Report/Psychiatric Report;
- Whether bail can be renewed on the same terms.
Sentencing can be anywhere between a few weeks away to a few months away, depending on court availability.
Then What Happens At Your District Court Sentencing?
Prior to sentencing, if the parties want to, or if the court requests it, both the Prosecution and Defence can file written sentencing submissions with the court.
Chambers Legal almost always file written sentencing submissions, as these can assist the court by informing them of the circumstances of the offending, the aggravating and mitigating factors, your personal circumstances, other similar cases, and the penalty that you will be trying to persuade the Judge to impose, or to dissuade the Judge from imposing.
Written sentencing submissions can also enclose additional documents, such as character references, letters from your employer, and private psychological or psychiatric reports. The submissions should be filed with the court at least 2 clear days prior to your sentencing.
At the sentencing hearing, the Judge will have read the sentencing brief which would have been filed by the Prosecution. The sentencing brief will include things like the Indictment, the Statement of Material Facts, your criminal record, written witness statements, photographs, and records of interview. This is so that the Judge will have a full understanding of your case so that you can be appropriately sentenced. The Judge will have also read any written sentencing submissions filed.
The Sentencing Hearing will start off with you being arraigned. This is where the charge is read to you, and you say that you are “guilty”.
The Prosecution will then read the Statement of Material Facts out loud, and formally tender the Sentencing Brief.
Both the Prosecution and Defence will have the opportunity to make oral submissions to the Judge at your sentencing hearing, emphasising the most important matters.
Chambers Legal will be aiming to persuade the Judge as to the best possible penalty outcome for you. For example, if your offence is one that ordinarily carries a term of imprisonment, then we will aim to persuade the Judge to suspend or conditionally suspend the imprisonment if that is open in the particular case. If the ordinary outcome is a term of immediate imprisonment, then we will aim to persuade the Judge to impose a sentence towards the lower end.
Ordinary sentencing outcomes can depend on the maximum penalty for your matter, previous cases that have been before the District Court and then upheld or overturned in the Court of Appeal, or whether there are tariffs for the particular type of offence.
If you pleaded guilty at an early stage, you can receive up to a 25% discount on sentence. This discount is reduced if you haven’t entered your plea of guilty at the earliest possible stage and/or if the Prosecution case against you is very strong.
After all submissions have been made, and the Judge has had all his or her questions answered, the Judge will then proceed to sentence you. In some cases, the sentencing can be adjourned, if the Judge requires more time to think about the submissions that have been made. Otherwise, you will be immediately sentenced. The Judge will give verbal sentencing remarks, addressing the submissions both parties have made, and of what they have taken into account when sentencing you. They must also give reasons for their sentence.
If you are sentenced to a fine, court order, suspended imprisonment, or conditionally suspended imprisonment, then you will be free to leave the court, after receiving and signing any relevant paperwork from the court. If you are in custody appearing via video link, you will be able to be released from prison, so long as you are not in custody for other matters.
If you are sentenced to an immediate term of imprisonment, then you will be taken to the cells downstairs in the courthouse before being taken by truck to prison.
If you are not happy with the sentencing outcome, you have 21 days to lodge an appeal in the Court of Appeal.
Chambers Legal regularly appears in District Court Sentencing lists. We also have close connections with a number of highly experienced barristers, should you want one of our criminal defence lawyers to brief one on your behalf. Contact us today!