What's happening?
Once a person has pleaded guilty, or been found guilty following a hearing, the matter proceeds to sentencing, where the court determines the appropriate penalty. Sentencing takes into account a wide range of factors, including the seriousness of the offence, any harm caused, the person's criminal history, and their personal circumstances.
Preparation for sentencing is a distinct and important stage of a criminal matter, often involving references, reports, and submissions that put the offending and the person's circumstances into proper context. How well this stage is prepared can meaningfully affect the outcome.
What could it mean for me?
- The available range of penalties depends on the offence and varies from court to court.
- Personal circumstances, such as employment, health, and family responsibilities, can be relevant to sentencing.
- Evidence of remorse, rehabilitation, or steps already taken can influence the court's approach.
- Prior criminal history is a relevant factor that the court will take into account.
- The way mitigation material is presented can meaningfully affect the outcome of the hearing.
What are my options?
- Gathering references and evidence of good character or community ties.
- Obtaining relevant reports, such as psychological or medical assessments, where applicable.
- Preparing detailed submissions addressing the specific circumstances of the offending.
- Addressing any steps already taken towards rehabilitation, treatment or repayment.
- Making submissions on the appropriate type and severity of penalty.
What happens next?
- Begin gathering references and supporting documents well ahead of the sentencing date.
- Discuss with your lawyer whether any professional reports would assist your matter.
- Consider any voluntary steps, such as counselling or repayment, relevant to your circumstances.
- Attend the sentencing hearing prepared to hear submissions made on your behalf.
- Understand the range of possible outcomes so you know what to expect.
How can MGE Lawyers help?
We help clients prepare thoroughly for sentencing, working with you to gather references, relevant reports, and evidence of any steps taken towards addressing the underlying circumstances of the offending.
We present your matter to the court in a clear, honest and well-organised way, focusing on giving the sentencing judge or magistrate a full and fair picture of your circumstances.