LOCAL COURT SENTENCING PROCEEDINGS
These matters occur where guilt is admitted.
An attendance at a Local Court will occur.
The court originating process is generally a Court Attendance Notice (or C. A. N.) or a Field Court Attendance Notice (or Field C.A.N.).
On the first occasion, when the matter is at Court, a Defendant can plead guilty or not guilty. The court may (and generally does) permit the matter to be adjourned for a very short period for legal advice to be obtained.
It is important to obtain legal advice WELL BEFORE pleading guilty. One can change a plea from guilty to not guilty .The converse of changing a guilty plea to a not guilty plea causes great difficulty .Any such application may be refused by the court.
Accordingly, it is essential that legal advice be obtained prior to entering a guilty plea.
Sentencing discounts exist in certain situations. These situations include the earlier one pleads guilty or expresses an intention to plead guilty.
Appropriate testimonials should be submitted to the court. Great care is required with this type of document. Certain protocols need to be observed. Legal advice should be obtained before submitting any testimonial (or in deed any other document) to the court.
If the matter is serious, the court may order a pre sentence report from the NSW Probation and Parole Service.
The purpose of the report includes an offender’s suitability for the sentencing options of punishment by way of a community service order (where an offender performs volunteer work in the community under the supervision of the NSW Probation and Parole Service) and Periodic Detention (being weekend and at times midweek gaol).
The Pre sentence report also addresses problems associated with the individual offender including drug and alcohol problems, any need to supervise an offender and any mental health issues.
At times, a matter is heard and determined by the court on the first day it is listed. At other times it is adjourned to a future date for sentence. Whether or the matter is adjourned is a discretionary issue for the court to decide.
At the sentence hearing, the facts alleged by the Police are submitted to the court. Any other material on behalf of both the prosecution and the defence is also submitted to the court.
Submissions are then made to the court. Sentence then occurs.
Generally, an appeal as of right applies from the Local Court to the District Court. Strict time limits apply in filing an appeal.
Other sentencing issues include when the facts cannot be agreed. Here, the matter is,generally listed for a hearing in relation to the disputed facts.
At times representations are made to the Prosecuting authority to withdraw the proceedings. Strict protocols exist in relation to making representations. In our view under no circumstances whatsoever, should representations be made without obtaining legal advice.
Legal advice should also be obtained when settling any facts with the Prosecuting authority.
We regularly appear in Local Courts in relation to sentencing proceedings.
