So far we have been arrested, charged with an offence, have been granted bail, and now your Court date is approaching. If you haven’t already done so, now is a very good time to get some legal advice. If you are eligible for Legal Aid, there will be a duty lawyer present at Court on…
So far you have been arrested, charged, granted bail, turned up at Court, found the duty lawyer, and now we are entering a plea of guilty. You will be sitting behind your lawyer, and the lawyer will announce your matter “If it may please the court, may I mention number XX in the charge list,…
In the last article we entered a plea of guilty to the Magistrate, the facts have been handed up along with your criminal record, and the Magistrate is now asking for your submissions on sentence. This is when a lawyer earns his pay. A mitigating plea can make a substantial difference to the penalty handed…
This article will discuss part two of deciding whether to plead guilty or not guilty. Just a quick side note, forget the word innocent. You are not known as being “innocent”, you are “not guilty”. There is a difference, and the word is hardly used in courtrooms any more. Each offence has elements. They represent…
Before we move on to your Local Court defended hearing, we’ll discuss who has to prove what, and to what extent. It is the “golden thread” of criminal law that the State must prove each element of the offence “beyond reasonable doubt”. It is not the job of defence to prove, for example, that you…
You have instructed your lawyer, that you are not guilty of the charges laid by the police. At this stage, we only have a two or three page document which is called “Police Facts”. This document briefly details what the police allege you have done and some of the background or events leading up to…
Throughout the year, Grafton holds Local Court sittings each week, but around 6 times a year, District Court “comes to town”. There are some differences between Local Court and District Court. The main difference is that Local Court is heard by a magistrate with lawyers appearing for accused people, with no jury. District Court is…
Last article discussed the different “levels” of offences, and how most are dealt with in the Local Court. You might remember there are three levels being summary, indictable and strictly indictable. Summary are the less serious offences that will always be dealt with by a Local Court Strictly indictable charges are the very serious offences…
This is when the more exciting drama happens. Nothing like the “Few Good Men” theatrics, but it is conflict nonetheless. Bearing in mind, the fictitious crime that you are charged with is of a lesser nature, and the matter will be finalized in the Local Court. This means the maximum penalty is $11,000 and the…
Last week I discussed major speeding fines where you are caught driving more than 30km/h or more than 45km/h over the limit. Points are 4 and 6 respectively, and the fines are $621 and $1674. In addition there is the RTA licence suspension. 3 months for 30km/h or more over the limit or 6 months…