Many Court records, especially for more recent cases,are still retained by the Court where cases were heard. All contents copyright Government of Western Australia. However, it should be a decision informed by your expert advice.I normally try to present to the client the strengths and weaknesses of the case against him. PH2 8NL, If you want to contact us using text relay please follow the guidance at this link - the Next Generation Text Service. The judge receives guidance and assistance from several sources in order to sentence a defendant. Judge Alan Young said in sentencing this week while Yarran might have been legitimately. 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 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. 1.10pm on Dec 23, 2020. Emily Smith . A. Allan Keith Huggins, 68, was convicted after a trial in the West Australian District Court earlier this year found him guilty of 16 offences committed in 1990 and 1991. A sentence is the penalty for committing a crime. If the offender is sentenced to imprisonment, the court will set a non-parole period. One of the main considerations is that if you end up with a relatively lenient sentence, it will be easier to hold the sentence in the Court of Criminal Appeal if the client has given evidence.Calling the clientIt is very useful to have a written proof of evidence from your client before calling him.I normally take a more or less chronological account of the client's life, in particular the time leading up to the commission of the offence. There was no actual violence in the course of the robbery although there was of course the threat of violence and no doubt the victims of the robbery would have been very frightened.Robberies can be regarded in escalating seriousness with the carrying of a firearm, the firearm being loaded, the weapon being fired, and the weapon being aimed at someone while fired: The responsibility of customs, for example, was transferred to the Commonwealth soon after Federation in 1901. Please turn on JavaScript and try again. Also useful are the records of the various Licensing Courts which provide information on people applying for different types of licenses such as liquor, sandalwood, timber, dog, cart, billiards, confectioners, board and lodging, firewood, pawnbroker, hawkers, pearling, etc. If there was an early plea, this should be referred to.RecordIf the offender has no or a limited record, this should be referred to. Timetable information can be obtained from Scotrail or National Rail Enquiries via the following link. They listen to the prosecution and to the defence and choose from a range of sentences. These include records of Police Courts, Local Courts, Licensing Courts, Coroners' Courts and Children's Courts. 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 The offender appears to have reasonable prospects for rehabilitation.It is submitted that your Honour will have no difficulty in finding that there are special circumstances justifying a variation in the statutory ratio between the non-parole period and the parole period.8. These include Police Courts, Local Courts, Licensing Courts, Coroners' Courts and Children's Courts. The court heard that the Perth man did not immediately call an ambulance after the incident and instead put the girl under a cold shower to ease her burns. The State Records Office holds discrete collections of records that were created by Resident Magistrates for the following areas: Albany, Augusta/Vasse, Busselton, Cue, Camden Harbour and Roebourne. In the court records can also be found plaints, which are kept for many courthouses and some mining warden records relating to gold mining and other leases. I prefer to tell the client in advance that at some stage in his evidence in chief I will ask him to tell the judge how he feels about the fact that he has pleaded guilty to this offence or offences, and that that question will be his cue to turn to the judge and speak from his heart about how he feels. They are released, usually under the supervision of a probation officer. I instruct you that I wish to plead guilty to the charge of sexual intercourse without consent. Credit: Toby Crockford In the end, the boy finally told them because he was concerned . It is probably unnecessary to serve character references before the day of the hearing (unless they are very lengthy) but give a copy to the prosecution as early as you can on the day of the sentence hearing to give the prosecution a chance to read them. Regina v Totten [2003] NSWCCA 207 and Unfortunately, relatively few Coroners' Court records have survived prior to the 1970s. Often the court will refer to the Commonwealth Crimes Act or the Criminal Law Consolidation Act. It looks like you're using Internet Explorer 11 or older. Although it is conceded that there should be some degree of accumulation in the sentences, it is submitted that the sentence could be largely concurrent to take into account the principles of totality.7. If there are agreed facts the Crown should not tender material in the brief inconsistent with the agreed facts: see Particular laws may need to be followed depending on the nature of the case. Following a plea of guilty you will be sentenced and, in most cases, the offence will go on your criminal record. Purchase. Mon - Thurs 09.00 - 17.00, Fri 09.00 - 16.30. All rights reserved. Home If your client is drug addicted, and you have a record showing that he has not been charged with having drugs in his urine tests, lead evidence from him about that fact, and the number of random urine tests he has been required to give.If your client is in some form of protection, get him to give evidence about the conditions of his custody. Pleading guilty in the Magistrates Court. If the client claims that he only started committing armed robberies in the aftermath of his grief for the death of his mother, you had better be very clear that the date of the offence for his first conviction for an armed robbery occurred after the date his mother died.One of the advantages of pleading guilty is that if the offender is genuinely remorseful, that remorse may be a very important mitigating factor. The State Records Office holds court records from: The Supreme Court of WA Resident Magistrates Other Courthouses - over 100 courthouses located throughout the metropolitan and country areas of Western Australia. Regina v Vougdis (1989) 41 A Crim R 125. It is very important to remember that a factor cannot be an aggravating factor if it is an element of the offence: for example, a sentencing judge should not treat the simple fact threatened use of violence as an aggravating factor for an offence where the threatened use of violence is an element of the offence, such as in robbery offences: The difficulty from the defence perspective with pre-sentence reports is that once the report is ordered you have no control over whether the report is going to be before the court or not. All of these locations are approximately a 10 minute walk from the Courthouse. 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. The remarks are then put on the offenders file. Various bus companies operate service to and from Perth, please check local timetables or check Traveline Scotland website via the link below or alternatively call them on 0871 200 2233. A fine is a sum of money that a court orders an offender to pay. Search for court records in Australia. Clearly sign and date the character reference and include your contact details. Cultural Immersion Program - Judges Visit the Kimberley 2022, Appointment of Registrars Tania Jeyamohan and Samuel Nunn, Public Holiday on 22 September - National Day of Mourning, Her Honour Judge Linda Black Welcome Ceremony on 10 August 2022. In particular, it is important to establish the degree of knowledge that the witness has of your client, and what (if anything) your client has told the witness about the offence.Written character referencesNormally it is preferable to call character witnesses rather than simply tendering written character references, but this is not always possible.As with calling character witnesses, less is more. The Sheriffs and the Sheriff Clerk's staff deal with a variety of business which fall into the categories of Criminal, Civil and Commissary. As well as acting as the Magistrate for the Local Court, the Court of Petty Sessions and the Licensing Court, Resident Magistrates were often required to conduct other functions such as Electoral Registrar, Collector of Customs and Registrar of Births, Deaths and Marriages. Nothing is more likely to sap a client's confidence than a lawyer who does not seem to know the details of the case against him. Regina v Quatami NSWCCA 353. I have over the years seen many examples of reports tendered on behalf of offenders which should have never have seen the light of day. Precedents are decisions made in past trials for similar crimes. The Perth Drug Court was established as part of a range of strategies developed at a State and national level, intended to promote a coordinated and relevant approach to the difficulties created within the community as a result of illicit drug use. Brian Walshe, of Cohasset, Mass., stands during his arraignment in Quincy District Court, in Quincy, Mass., Monday, Jan. 9, 2023, to face charges in connection with misleading investigators. HTML. Crimes (Sentencing Procedure) Act. October 2 Except for logos, Canva designs or where otherwise indicated, content in this guide is licensed under a Creative Commons Attribution-ShareAlike 4.0 International Licence. Kununurra, and South Hedland, which hear predominantly criminal trials. You should of course bear in mind the limited weight which a court may give this material.Some (but not all) prosecutors will not object to the tender of a letter written by your client to the judge expressing his remorse about the offence. at para [55].It is clear that for the prosecution to establish an aggravating factor, the onus is on the prosecution to establish that aggravating factor beyond reasonable doubt, but for the offender to establish a mitigating factor, proof only has to be on the balance of probabilities: These questions will be considered from the point of view of judges and magistrates who daily impose sentences in the courts. The files associated with Probate and Administration are amongst the most heavily accessed of archival recordsand are essential documents for anyone researching their family history. Coronial inquests that have survived can generally be located through the records of the relevant local court house or local police station that have been transferred to the State Records Office. Perth Sheriff Court Tuesday 11 May 2021 Data Published at 13:03 on Tuesday 11 May 2021 Criminal No cases allocated for this court. A former Perth financial adviser has been sentenced after dishonestly obtaining over $35,000 from his clients' superannuation. For Western Australian courts, selected sentencing remarks are available on the Supreme Court and District Court websites. Dal Amone's application for . I always try to prepare for a conference in the same way that I might prepare for a hearing. There have been some statements of the NSW Court of Criminal Appeal to the effect that if the offender is not called, statements in these reports have limited weight: see for example Nothing will give some judges greater pleasure than cross-examining an offender about a conflict between the accused's account of his life and his criminal history. 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Unless a suppression order is made, the written reasons will be available online via the eCourts Portal. A loop induction service is available in all courtrooms for people who have hearing difficulties. Image 3 retrieved from SBS. Picture: Nine Sentencing Dangerous Offenders - Extended & Life Sentences Maximum statutory fines payable on conviction Appeal a sentence or conviction Deportation of criminals Criminal Records Rehabilitation of Offenders & Spent Sentences Open Justice Find information about criminal offences, defendants, barristers, solicitors and judges. Please Note: The State Records Office does not hold records from every regional courthouse in the State. From time to time errors are made in criminal records, although it has to be conceded that if there is a difference between your client's recollection and the official record, it is more likely that your client's recollection is deficient.When you are reading your client's record look for offences of the same type committed by your client in the past, and also check to see if your client was on parole or on bail when he committed the offence for which he is being sentenced.Pre sentence reportsIn the District Court I normally hesitate to ask for a pre-sentence report. Peter Stamatopoulos was sentenced to jail for eight years. 14 December 2022 1 minute read. Home Regina v Bernier (1998) 102 A Crim R 44 esp. It is conceded that the offences, being two armed robbery offences, are objectively serious.There is no evidence that the gun used in the robbery was loaded and the gun was not discharged. A. To access this service ask for telephone interpreting and the language required. Perth caf owners sentenced over rape of a mother in 2018 . This process will capture a screenshot of your current browser screen to be included with the above information to better assist the Help Desk with your issue. At a Committal Mention the DPP will have taken carriage of the prosecution from the Police. Generally that will be the date when your client went into custody for these matters, but will not include any period during which for example your client was serving a sentence for another matter.After the sentencingAfter your client has been sentenced, I think it is always worthwhile to go down and see your client. Rules and forms. If you receive a good behaviour . Warning bells should ring with any report which describes the offender as having 'an anti-social personality', let alone a report which describes the offender as dangerous, or a psychopath.It is also important to check what the report has to say about your client's account of the offence. Victims of an offence may present a written statement about the effects of the crime on them. A loop induction service is available in all courtrooms for people who have hearing difficulties. This website works best with modern browsers such as the latest versions of Chrome, Firefox, Safari, and Edge. Then deal with anything relevant that has happened since that time: for example, progress in custody, hopes and plans for the future, and so on.When your client is giving an account of what led him into a life of crime, or to commit a particular offence, he may explain it in terms of particular traumatic events in his life (for example, the death of a parent or a child, or the termination of a relationship).Be conscious of the fact that the sentencing judge probably has very limited material about the subjective circumstances of your client's life in front of him, but one thing he will definitely have will be the client's record. Just mention the positives about the defendant and leave it to the lawyer to make the submission on sentencing. Regina v Bourchas (2002) 133 A Crim R 413 esp. On the other hand, the offender entered his plea at the earliest opportunity, while the guideline in Please see theAccessing Restricted Records sectionfor information on how to apply for access to restricted records. 2) provided for the naturalisation of non-British subjects. At the time an offender is sentenced in court a judge states, either orally or in writing, the reasons why a particular sentence is passed on an offender. Magistrates Court Restraining Orders Appeals, Judge for Yourself: A Guide to Sentencing in Australia. 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 Versions of this Act (includes consolidations, Reprints and "As passed" versions) It is usually worthwhile to attempt to negotiate with your DPP counterpart to see if the Crown will accept lesser, or a smaller number, of charges. A Letter of Administration is the document issued when a person dies without a will (intestate) or where the executors cannot carry out their duties. It also means you agree with what the police say in their summary (called the statement of material facts). Probation officer, selected sentencing remarks are then put on the offenders file from! 2 ) provided for the naturalisation of non-British subjects magistrates Court Restraining Appeals! 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