Criminal Law
58 pages
Sexual Offences
Drug Offences
General Offences
Traffic Law
9 pages
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A criminal conviction can have consequences that extend far beyond the courtroom. The sentence imposed may affect your liberty, employment, reputation, family and future opportunities.
Whether you are being sentenced in the Local Court, District Court or Supreme Court of NSW, the preparation of your case and the quality of your sentencing submissions can be critical.
At Chidiac & Associates, we approach sentencing proceedings with meticulous preparation, strategic judgement and persuasive advocacy. We examine the circumstances of the offending, your personal history, your prospects of rehabilitation and the applicable sentencing principles to develop a carefully considered case on your behalf.
Our role is to ensure that the Court receives a clear, comprehensive and properly supported account of the matters relevant to sentence, together with submissions addressing the appropriate penalty under the law.
A sentencing hearing is not simply the final stage of a criminal proceeding. It is an opportunity to present your case and advocate for the most favourable sentence reasonably available.
A sentencing hearing is a court proceeding in which a Judge determines the appropriate penalty after an accused person has pleaded guilty or been found guilty of an offence.
The Court must apply the relevant legislation and sentencing principles, having regard to the offence, the circumstances in which it was committed and the matters relevant to the individual being sentenced.
Sentencing is not determined by the charge alone. The Court considers a range of factors, including the objective seriousness of the offending, the offender's personal circumstances, criminal history where relevant, prospects of rehabilitation and other applicable mitigating and aggravating considerations.
The appropriate sentence will depend on the particular offence, the available evidence, the governing legislation and the circumstances of the case.
At Chidiac & Associates, we prepare sentencing matters with a clear understanding of the legal principles that govern the exercise of sentencing discretion in NSW.
The NSW Local Court deals with the sentencing of offenders for summary offences and certain indictable offences that may be dealt with summarily.
For many clients, a Local Court sentencing hearing is the culmination of criminal proceedings following a plea of guilty or a finding of guilt after a defended hearing.
Although the Local Court has jurisdictional limits on the penalties it can impose, the consequences of a sentence can be significant. A custodial sentence, criminal conviction, community-based order or disqualification may have lasting implications.
Our approach to Local Court sentencing includes:
Where the circumstances permit, we seek to persuade the Court that the available evidence and applicable principles support a penalty that appropriately reflects the offending while taking account of the individual circumstances of the offender.
The NSW District Court deals with a broad range of serious indictable offences, including matters committed from the Local Court for sentence.
Sentencing in the District Court often requires more extensive preparation, particularly where the offending is serious, the prosecution relies on substantial evidence or the potential penalties include lengthy imprisonment.
The preparation of a District Court sentencing matter may involve detailed written submissions, a comprehensive review of the evidence, psychological or psychiatric reports where relevant, material addressing rehabilitation and carefully selected character references.
We consider the legal framework applicable to the offence, relevant sentencing authorities and the particular circumstances that may influence the sentence.
Our representation may include:
A District Court sentence can have profound consequences for your future. We approach each matter with the preparation and attention to detail that serious criminal proceedings demand.
The NSW Supreme Court deals with the most serious criminal matters within its jurisdiction, including murder and certain other serious indictable offences.
Sentencing proceedings in the Supreme Court can involve complex legal issues, substantial evidentiary material and significant potential penalties. They demand a sophisticated understanding of the applicable sentencing legislation, relevant appellate authorities and the circumstances of the offending.
Our approach is tailored to the seriousness and complexity of the matter.
This may include extensive preparation of written submissions, detailed analysis of relevant sentencing authorities, consideration of expert evidence and rehabilitation material, and focused oral advocacy before the sentencing Judge.
We examine the relevant aggravating and mitigating factors, the applicable sentencing principles and the available evidence to formulate a sentencing case directed to the issues that matter.
Where a matter involves the most serious potential consequences, thorough preparation is essential.
Every sentencing matter deserves careful analysis, but serious criminal proceedings demand particular precision.
Effective sentencing advocacy begins with understanding the full circumstances of the offending and the individual being sentenced.
We examine the prosecution facts, the applicable legislation, relevant sentencing authorities and any disputed issues that may affect the appropriate sentence.
Where the facts are disputed, we advise on the legal and procedural implications and the appropriate steps to address those issues.
Our objective is to identify the arguments that are properly available and develop a focused strategy for the sentencing hearing.
The Court must consider the relevant sentencing principles and the circumstances of the particular offender.
Depending on the case, relevant matters may include:
Not every factor will be relevant in every case, and some considerations may carry more weight than others.
We assess the available material carefully and identify the matters that can properly be advanced in mitigation.
A sentencing submission is strengthened when relevant assertions are supported by appropriate evidence.
Depending on the circumstances, this may involve obtaining and reviewing:
We consider what material is necessary, reliable and appropriate for the particular matter. The aim is to present a balanced and persuasive account of the circumstances relevant to sentence.
Written submissions provide a structured opportunity to address the legal framework, the circumstances of the offending, the relevant mitigating and aggravating factors and the appropriate sentencing outcome.
Depending on the matter, submissions may address:
We aim to ensure that the sentencing case is legally sound, supported by the available material and presented with clarity and precision.
The sentencing hearing provides an opportunity for the defence to advance its submissions directly to the Court.
We address the relevant legal principles, draw attention to the material supporting the defence case and respond to the issues raised by the prosecution or the Court.
Our advocacy is directed towards the specific outcome sought and the reasons that support it, without overstating the evidence or the prospects of success.
Before the hearing, we discuss the available sentencing options, the relevant risks and the factors that may influence the Court's decision.
Depending on the offence and the Court's powers, available penalties may include a fine, a conditional release order, a community correction order, an intensive correction order or full-time imprisonment. Other orders, including disqualification or forfeiture, may also be relevant to particular offences.
We provide advice tailored to your circumstances so that you understand the process and the potential consequences before the matter proceeds.
Don't wait to get advice. Chidiac & Associates provides confidential criminal defence representation across Sydney and New South Wales, whenever you need it most.
Although the procedure varies according to the Court and the circumstances of the matter, a sentencing hearing will generally involve the following stages.
The Court considers the facts on which sentence is to be imposed. These may be agreed between the prosecution and defence. Where there is a material dispute, the appropriate procedure for resolving it may need to be determined.
The prosecution outlines the relevant facts, applicable sentencing principles and any aggravating features it contends should be taken into account.
The defence presents submissions addressing the relevant mitigating circumstances, the applicable law and the appropriate sentencing outcome. Supporting evidence may also be tendered or called where appropriate.
The Magistrate or Judge considers the evidence, the parties' submissions, the applicable legislation and the relevant sentencing principles.
The Court determines the appropriate sentence and explains its decision. Depending on the matter, the sentence may be imposed immediately or after an adjournment for further material or consideration.
Our role is to ensure that the defence case is properly prepared and that the relevant matters are clearly and persuasively placed before the Court.
We identify the legal principles, factual issues and mitigating circumstances that are relevant to your matter, developing a considered approach to the sentence hearing.
We understand the importance of properly prepared submissions and supporting material. We take care to ensure that the sentencing case is supported by the evidence and directed to the applicable law.
We present focused, persuasive submissions designed to address the issues that matter to the sentencing decision.
We provide criminal defence representation in sentencing proceedings in the NSW Local Court, District Court and Supreme Court, subject to the nature of the matter and the services agreed.
We explain the available sentencing options, the relevant risks and the factors that may affect the outcome. We do not promise results that no lawyer can guarantee.
Behind every criminal matter is an individual with circumstances that deserve proper consideration. We approach each case on its own facts, with discretion, professionalism and a commitment to presenting the strongest properly available sentencing case.
If you have pleaded guilty to a criminal offence or have been found guilty following a hearing or trial, the next stage may have significant implications for your future.
The preparation of sentencing material, the development of legal submissions and the identification of relevant mitigating circumstances should not be left until the last moment.
At Chidiac & Associates, we understand the importance of this stage of the criminal process. We work to ensure that your circumstances are properly considered and that the Court receives a carefully prepared and persuasive case on your behalf.
Whether your matter is listed in the Local Court, District Court or Supreme Court, our focus remains on considered advice, strategic preparation and effective advocacy.
Chidiac & Associates — Prepared. Strategic. Resolute.
A criminal defence lawyer can assess the applicable sentencing principles, identify relevant mitigating factors and prepare submissions seeking the most favourable sentence reasonably available. The final decision rests with the Court, and no particular outcome can be guaranteed.
The material required depends on your case. It may include character references, evidence of employment or study, treatment or rehabilitation records, medical reports and other documents relevant to your circumstances. Your lawyer can advise which material is appropriate and how it should be presented.
Not necessarily. The outcome depends on the offence, the applicable sentencing regime, the circumstances of the offending and the relevant sentencing principles. Some offences carry mandatory or presumptive sentencing provisions, and the availability of non-custodial options varies. You should obtain advice specific to your charge before entering a plea.
Yes. Serious indictable matters may be committed from the Local Court to the District Court or Supreme Court for sentence. The appropriate court depends on the offence and the applicable jurisdictional arrangements.
A pre-sentence report is a report prepared to assist the Court in assessing relevant circumstances and sentencing options. Depending on the case, it may address personal circumstances, risk factors, rehabilitation and the suitability of particular orders. Whether a report is required or useful depends on the matter.
An applicable guilty plea can attract a statutory sentencing discount under NSW law. The discount available depends on the relevant legislative scheme, the timing of the plea and the circumstances of the case. The overall sentence remains a matter for the Court.
Relevant mental health, medical and personal circumstances may be considered where supported by appropriate evidence and legally relevant to sentencing. Their significance varies according to the circumstances and the applicable law.
In some circumstances, a person may have grounds to appeal a sentence. The available avenue, applicable requirements and time limits depend on the Court in which the sentence was imposed and the circumstances of the matter. Prompt legal advice is important if you are considering an appeal.
Need representation or unsure what the next steps in your case are? Contact us today for a consultation.