This could mean a lower sentence.
Once a plea of guilty has been entered the Fact Sheet and your previous criminal history will be handed up to the Magistrate or Judge for them to review. It is important the facts recorded on that Fact Sheet reflect what happened, as that is the basis on which you will be sentenced. If you wish to plead guilty but do not agree with the information on the fact sheet, it is sometimes possible to negotiate with the Prosecutor to amend the facts presented. It is best to speak to your lawyer about how to go about this.
After the Magistrate has reviewed the Fact Sheet either you or your lawyer then has an opportunity to make submissions to the Court. This is the opportunity that you have to convince the Magistrate to give you the lowest sentence they might consider appropriate. These submissions should include a brief explanation about how or why the offence happened. It is also important to give the Magistrate information about your personal circumstances and your financial situation. If possible it is best to have referees write you a character reference so that you can hand these up to the Magistrate as well. The Magistrate will take all of these things into account when deciding what sentence to give you.
If you have been charged with more serious offences, the Magistrate may order a Pre-Sentence report. If that is the case your matter will be adjourned and you will be contacted by Corrective Services who will interview you. They will then prepare a report for the Magistrate about what they consider would be an appropriate sentencing outcome for you. You then need to appear at Court and submissions are made on the next occasion about what your sentence should be.
Please note the answers provided are for your general information only and we ask you to call our office on 02 6331 2911 to obtain detailed legal advice for your individual situation.
Alice Cheek | Criminal Law Solicitor