You may be able to get that material out of a psychological/psychiatric report. You may, however, wish to draw the judge's attention to the fact that in Commonwealth matters, the normal range for the proportion of the non-parole period to the head sentence is 60 to 66 and two-thirds %: see Subjective mattersThe offender was 20 years old at the time of the offences, having been born on 1 April 1987.The psychological report indicates that the offender had a difficult upbringing and had learning difficulties at school.5. Western Australia. Edwards shows no emotion as sentence handed down . Compensation is a payment designed to make amends for personal injury, death, or damage to or loss of property. Sentencing; Youth Court; Rules, forms & fees. It is submitted that the Court would accept this contrition as genuine.3. The observance of this small courtesy, often neglected, is of benefit to both sides. Peace signings are available by appointment. Listen Courts of Western Australia The online court lists for the District Court of Western Australia detail the matters appearing before the court each day - including the judges presiding and the courtroom in which the matter will be heard. Maximum and Minimum penalties are often fixed by various Acts to particular crimes. Peter Stamatopoulos was sentenced to jail for eight years. Western Australia District Court Judge Michael John Bowden sentenced Cummins to 12 months in jail, suspended for 18 months, on the provision that he comply with a supervision order. Regina v Ibrahimi [2005] NSWCCA 153 at paras [16] to [18].Plea of GuiltyYou should refer to the fact that the plea of guilty is both evidence of contrition, and entitles the offender to the utilitarian benefit for the plea, as set out in It is submitted that the discount which the offender should receive for the utilitarian value of his plea should be towards the upper end of the range of 10 to 25% identified in These include Police Courts, Local Courts, Licensing Courts, Coroners' Courts and Children's Courts. If the court makes an error of law or if the sentence is considered to be too high or too low, an appeal can be made against the decision to another court. They comprise: The Supreme Court deals with serious indictable offences that breach State laws. Sentencing; Youth Court; Rules, forms & fees. This booklet attempts to provide answers to some of the many questions people have about how sentencing occurs in Australia. A non-parole period is the amount of time the offender must serve before being considered for release on parole. The records include: Prior to 1871, naturalisation was effected by separate and individual Acts of the Legislative Council. You must lodge your appeal with the Higher Court, not with the Court that heard your matter. In addition, and depending on the result, you may want to either advise the client of his right of appeal, in one situation, or on the other hand you might want to tell your client to thank his lucky stars.John Stratton SCDeputy Senior Public Defender10 September 2007, REGINA v SMITH These are among the most important documents that exist forWestern Australia, constituting the foundation of the State's legal system and providing a unique source of information on the social, political and economic development of the State. I acknowledge that sometimes this is difficult, particularly when a semi-literate client is attempting to read a report full of complex jargon. By Reporter. This might be the case for young first time offenders with reasonable prospects of rehabilitation. Include any other matters that are considered to be relevant. Do not brief your expert with psychiatric or psychological reports which you do not intend to use in court. Given the nature of the charges dealt with in the District Court, for the most part a sentence other than a full-time custodial sentence is not a realistic possibility, so for the most part I would not recommend seeking a pre-sentence report.Of course a background report must be obtained before a child is dealt with by way of a control order (s. 25 Appointments can be made by phoning the office number: 01738 620546. Court users and members of the public can get copies of judgments and sentencing remarks handed down by the Supreme Court of Western Australia. He or she usually has to return to prison, serve out the rest of the original sentence and do extra time for breaching the bond. It would be a rare case in which you would consider calling more than two character witnesses.Naturally it is very important to properly interview any character witness before you call the witness. The Magistrates Court deals with adults, aged 18 or over, required to appear in court after being charged with a criminal offence. Sentencing resources Australian Current Law - Reporter Lexis Advance Supreme Court of WA. Of the matters that go to trial, generally the acquittal rate is about 50%. Regina v Durocher -Yvon [2003] NSWCCA 299. Every community needs to devote a good deal of time and energy to producing a justice system that is as logical, rational, sensible and effective as possible. If you ask your client to write such a letter, you should make it clear to him that it should be his own thoughts, not those of the MRRC prisoners legal collective!If your client is in protective custody, for reasons discussed above, it is important to have evidence of the conditions of protective custody before the sentencing judge. If you plead, or have been found guilty a Sentence will be handed down. District Court Act 1991; Environment, Resources & Development Court Act 1993; Magistrates Court Act 1991; Youth Court Act 1993; Bail Act 1985; These extracts give the name of the offender, their offence, and the punishment given. You may be trying to access this site from a secured browser on the server. The main categories of Supreme Court records held by the State Records Office are: To appeal is to call upon a higher court to reconsider the judgement of a lower court. Current. Probate and Letters of Administration records are name-searchable on the State Records Office catalogue. Imagereproduced with permission fromStu's Views: Law & Lawyer Cartoons http://www.stus.com. It is submitted that the sentence to be imposed should be backdated to that date.John Stratton SCDeputy Senior Public Defender10 September 2007. Minor criminal offences, known as 'simple offences', are dealt with in the Magistrates Court. Ultimately, if there is an irreconcilable difference over the facts, the solution may be to have a contested hearing on the facts in which prosecution witnesses and your client will have to give evidence. September 1, 2022 Sexual Penetration Without Consent Our client who was charged with one count of sexual penetration without consent was acquitted after being represented by Mr Hofmann after a two day trial before a Judge and jury in the Perth District Court. Prosecutors and defence lawyers may also seek pre-sentence reports to present to the court before the court decides on the sentence. It looks like you're using Internet Explorer 11 or older. In South Australia, sentencing is the task of a sentencing judge or magistrate in a: When determining the sentence, the court must follow precedents and laws set by State Parliament such as theCriminal Law (Sentencing) Act 1988. As to written character references, see below.In calling character witnesses, as in most decisions in defence advocacy, less is generally more. Court users and members of the public can get copies of sentencing remarks handed down by the Supreme Court of Western Australia. The 7 volumes of the Historical records of Victoria contain many extracts from the Melbourne and Geelong court registers for the 1830s and 1840s. The National Center for State Courts' website provides links to civil and criminal case databases for all states, although this is where the consistency ends.Some states, such as New Mexico, include municipal, magistrate and district court cases. The reason for this is that the judge may wish to highlight or otherwise mark important passages in the report, but may not wish to mark the original exhibit. 14 December 2022 1 minute read. The records of the Supreme Court of Western Australia are the most extensive collection of court records held by the State Records Office. If your assessment is that the sentencing judge will disbelieve your client and use the client's evidence as ammunition to impose a harsh sentence, the client should not be called.If your client is unable to express any contrition for his offence or offences in a genuine way then, generally speaking, it is unwise to call the client.If the sentencing judge is one who you believe will react sympathetically to your client, then I believe that in almost every case you should call your client. With very young offenders, childhood traumas are very significant. Una and Denis Glennon leaving Perth District Court after the sentencing. All contents copyright Government of Western Australia. Trevor Ramsey Phillips, 37, of Stafford in Brisbane's north, faced the District Court on Tuesday for sentencing having earlier pleaded guilty to one count of assault occasioning bodily harm. However, it is significant that these matters are the first offences of this type.4. Most of the offences . One or two good character references are better than a large number of mediocre references.A written character reference must at least cover the following material:(1) how the witness knows the client;(2) what the witness has been told about the offence(3) that commission of these offences was out of character for the offenderThe first requirement is that the reference should make clear the extent to which the witness knows the client. It follows that job references and the like, making no reference to the offences, will rarely be helpful.Thirdly, the reference should hopefully say something along the lines of 'I was very surprised to learn that [the client] has been charged with [the offences] because in my dealings with him I have found him to be a person of a gentle nature.' etc.If at all possible, have copies of the references available to serve on the prosecution. WA News A MAN who was on the run from sex assault charges for almost 20 years has been sentenced to jail in Perth District Court. Precedents are decisions made in past trials for similar crimes. One important reason for this is that very often clients who have just been sentenced are very unclear about what sentence they have received. Travis McMichael . Short stay metered car parking available at the rear of the court building, accessed via South Street or Canal Street. The sentencing process is at the very core of the criminal justice system. This link goes directly to Sentences. Following the proclamation of the Supreme Court Ordinance in 1861, the functions and records of the Civil Court were transferred to the newly created Supreme Court. Is the sentence going to be effective? Civil - claims for debt or damages and non-offence based matters (eg extraordinary licence applications, dividing fences and restraining orders). Sheriff Court House, www.contactscotland-bsl.org. The JP Court is dealt with by a Justice of the Peace, a Legal Advisor and a Clerk. All day metered parking is available at the South Inch car park, this is a 5 minute walk from the court house. Please note that Sentencing Remarks only remain on the eCourts Portal for 28 days. Please note that Sentencing Remarks only remain on the eCourts Portal for 28 days. Judges usually do not like being told that the range of sentence for this offence is between 6 and 7 years. 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