perth district court sentencing

The Court must give equal weight to each part of the Criminal Law (Sentencing) Act, only then can the sentence be delivered, with imprisonment as a last resort. Such factors might include youth, good prospects of rehabilitation, being on protection, and so on.Different considerations arise in Commonwealth sentencing matters. 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. Picture: Nine At least with a psychological or psychiatric report, if the contents are of no use, you can decide not to use it. A constant process of monitoring and up-dating the system is necessary. 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. McKenna, 68, was sentenced in the Perth District Court on Monday to an additional nine years' jail to be served accumulatively with his July 2011 sentence of six years and four months for similar . Your aim is to leave the prosecutor with nothing to say (or at least nothing to say which is not repetitive of what you have already said or irrelevant).Be careful what you wish for. 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 only exception is when you simply need to introduce yourself to the client and to assure him that you will be out to see him again soon.At the start of a conference with a client it is important to let the client know that anything he says is 'on the record'; that is, he can't tell you one thing and then say another in the witness box.Before getting an account from the client, it is important to make sure that the client understands the nature of the charges, and the evidence against him.If the client wants to plead guilty, my practice is to get a brief life history from him, including of course his account of the offence, and what has happened to him since his arrest. 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. That is quite different to the Local Court where in general the client is not called. We pay our respects to all members of the Aboriginal communities and their cultures; and to Elders both past and present. In some criminal cases a judge is required to make a decision on an application brought by one of the parties under theCriminal Procedure Act 2004 (WA) or theEvidence Act 1906 (WA) before the accused persons trial takes place. For more information see the contactSCOTLAND website. The types of records created by these Courts include plaint files, correspondence, minute books, evidence books, summonses, licence registers, charge books and execution books to name a few. the District Court of Western Australia. The District Court of Western Australia The Court is open to the public Cause List For TUESDAY, 17 JANUARY 2023 . Others, like New Jersey, only provide Superior Court cases. Current. Those preparing the report will usually interview the offender, the offenders family, the victim, employers and others who might be relevant to provide the court with the information it requires. However with older offenders, it becomes more and more difficult to put too much reliance on a difficult childhood. PERTH WA 6000 Telephone: (08) 9425 2222 Facsimile: (08) 9425 2776 Email: PerthMagistratesCourt@justice.wa.gov.au GPO Box C127 PERTH WA 6839 Building hours: Monday to Friday from 8:30am to 4:30pm. In some criminal cases the trial of an accused person is conducted before a judge alone in the absence of a jury. After 1903, naturalisation was transferred to Commonwealth jurisdiction. The Court of Criminal Appeal has stressed the importance of having actual evidence of the conditions of custody of an offender serving a sentence in protection in cases such as The records of the Supreme Court of Western Australia are the most extensive collection of court records held by the State Records Office. It follows that sentencing is an extremely important of the work of any criminal lawyer.The focus of this paper is the practicalities of sentencing, rather than an academic approach.Obviously many of our clients are women, and many District Court judges are women. The Supreme Court did not relinquish responsibility in this area until after the State Family Court Act of 1976 came into effect. If the Crown accepts pleas to lesser charges, you may be able to argue that you have pleaded guilty at the earliest opportunity: see 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. These records include: These records are grouped under the Act to which they relate and include: In contrast with criminal law, a breach of a civil law duty or obligation is not punishable by prosecution. There is also a Children's Drug Court available for minors. On arrival please report to the main reception desk in the building through the front door and turn to the immediate right. They comprise: The Supreme Court deals with serious indictable offences that breach State laws. You will then be placed under the supervision of an officer from that department, and must obey all of their instructions as to fulfilling the obligations of the bond or community service order. 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. See the links in the panel on the left. Buses stop on Princes Street, Canal Street and at Perth Bus Station which is situated in Leonard Street. 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. A pregnant mother of two could be sent back to jail just weeks after being released from custody after prosecutors made an application for her to be placed back behind bars on remand. 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. . The entrance is located via Shore Road. Robert Charles Higgins, 64, was sentenced on Thursday to four years and nine months jail for one count of aggravated sexual penetration without consent of a girl under 16, and 12 counts of indecent assault. Imprisonment (WA) Imprisonment is the most severe penalty that Western Australian courts can impose. Rules and forms. This task is not simple and it is never finished. However, on occasion the judge will publish written reasons for decision. 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. Peace signings are available by appointment. 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. 03-n0-00. A. Peter Stamatopoulos was sentenced to jail for eight years. Unfortunately, relatively few Coroners' Court records have survived prior to the 1970s. Sentencing resources Australian Current Law - Reporter Lexis Advance Supreme Court of WA. The Sentencing Act 1995 (WA) provides for the sentencing of all persons convicted of an offence and offers a wide range of sentencing options for the courts. But Perth District Court found him guilty of causing grievous bodily harm last year after a trial. Consequently, many of the records of the earlier Court of General Quarter Sessions, which had been established in 1829, passed to the Supreme Court and can still be found amongst its records. These include records of Police Courts, Local Courts, Licensing Courts, Coroners' Courts and Children's Courts. The observance of this small courtesy, often neglected, is of benefit to both sides. Please enable scripts and reload this page. Sheriff Court House, Objective gravity Regina v Bourchas (2002) 133 A Crim R 413 esp. Perth Licensing Court, Licensing Registers, 1924-75, Acc 3319, Items 17-20, AN 18: Lists licensing district, applicant, locality, nature of licence and decision of the court. In that way your outline of submissions can assist the sentencing judge to structure the remarks on sentence.I try to order the submissions in the same order as the judge might approach sentencing, something like this:1. Regina v Henry (1999) 46 NSWLR 346 the Court of Criminal Appeal referred to a starting point of 4 to 5 years for the head sentence for the offence of armed robbery.It is conceded that the facts of these offences are more serious than in the paradigm case referred to in To access this service ask for telephone interpreting and the language required. I always try to prepare for a conference in the same way that I might prepare for a hearing. The Courts are open to the Public. A. Perth Sheriff Court Tuesday 11 May 2021 Data Published at 13:03 on Tuesday 11 May 2021 Criminal No cases allocated for this court. 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. is in my opinion very unconvincing. It also assists the sentencing judge to recall the points you are seeking to make, particularly if the judge intends to reserve the sentencing proceedings. The JP Court is dealt with by a Justice of the Peace, a Legal Advisor and a Clerk. If you require more than 28 days, you should contact the Fines Enforcement and Recovery Unit. If you receive a good behaviour bond or a community service order, you will have to wait while the appropriate paperwork is prepared. See the links in the panel on the left. 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 remarks are then put on the offenders file. Instead, the aggrieved party may take private action to protect their rights or may sue for damages. To locate Australian sentencing decisions for specific offences search in Australian Current Law - Reporter in Lexis Advance. The District Court deals with serious criminal offences including serious assaults, sexual assaults, serious fraud and commercial theft, burglary and drug offences. Appointments can be made by phoning the office number: 01738 620546. 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. The Criminal Law (Sentencing) Act includes the following: The court may ask for pre-sentence reports from the Department for Correctional Services, a psychologist or psychiatrist, or a specialist in a particular field. If you receive a fine, costs or any other type of monetary penalty, you will automatically have 28 days to pay the amount due. Plea of guiltyThe offender pleaded guilty at the earliest opportunity, that is, at the Local Court. District Court Act 1991; Environment, Resources & Development Court Act 1993; Magistrates Court Act 1991; Youth Court Act 1993; Bail Act 1985; They are released, usually under the supervision of a probation officer. If the offender is sentenced to imprisonment, the court will set a non-parole period. These questions will be considered from the point of view of judges and magistrates who daily impose sentences in the courts. Precedents are decisions made in past trials for similar crimes. You may be trying to access this site from a secured browser on the server. Sentencing. In 1832, jurisdiction for the administration of estates was vested in the newly established Civil Court of Western Australia and in 1861 jurisdiction was transferred to the Supreme Court. Regina v Hemsley [2004] NSWCCA 228 at para [30].6. In the majority of these cases the judge who hears the case will publish written reasons for decision. The District Court deals with serious criminal offences such as rape, armed robbery and fraud. One reason for calling the client is that it is harder for a judge to impose a long sentence on someone he has got to know, even slightly.One of the most important considerations in deciding whether or not to call the client is your assessment of how the particular judge who is sentencing your client will react to your client. 1.10pm on Dec 23, 2020. Why a minimum sentence of three years for a bashing rather than, say, ten years? Why is a particular penalty chosen? If you plead, or have been found 'guilty' a Sentence will be handed down. 737 total criminal hearings, including both sentencing hearings and trials, were heard in the Circuit courts in 2019. Changes in sentencing laws and procedures can sometimes be influenced by criticisms of courts from the public, lawyers, police or those working in corrections, as well as the media. Criminal Procedure Act 2004. A former Perth financial adviser has been sentenced after dishonestly obtaining over $35,000 from his clients' superannuation. Court System in Western Australia Listen Courts and Tribunals operate in a hierarchal system. NRL player Talatau Junior Amone and his father Talatau Dal Amone faced court charged over an alleged assault. Victims of an offence may present a written statement about the effects of the crime on them. BackdateDepending on the case, other matters may be relevant, such as assistance to the authorities, nature of the client's imprisonment, and whether the sentences should be cumulative, concurrent, or partly cumulative and partly concurrent.A simple example of such an outline of submissions is attached to this paper.Objective GravityI think it is important to start with the objective gravity of the offence. In Western Australia, the hierarchy moves upwards from the Magistrates Court to the District Court and then to the Supreme Court. GPO Box 1068 Adelaide SA 5000 enquiry@courts.sa.gov.auReturn to Top, Environment, Resources and Development Court, other offences that are to be taken into account, whether or not the offence is part of a pattern of behaviour of similar criminal acts, any injury, loss or damage resulting from the offence, the degree to which the offender has shown contrition or made reparation for the offence, whether or not the offender has pleaded guilty to the offence, the degree to which the offender has cooperated in the investigation of the offence, the need to protect the community from the offenders criminal acts, the deterrent effect that a sentence may have on the offender or other people, the need to ensure that the offender is adequately punished for the offence, the character, past history, age, financial situation and physical or mental condition of the offender, the probable effect of the sentence on dependants of the offender, Legal Practitioners Education and Admission Council (including admissions). The Magistrate will find out if all parties are ready for . Then deal with the offence itself, and any expression of remorse the client can make. By clicking on the following link, you will leave the Supreme Court website and be taken to the eCourts Portal of Western Australia which hosts the Court's decisions. Require more than 28 days, you will have to wait while the appropriate paperwork prepared! Protect their rights or may sue for damages to protect their rights or may sue for damages Regina v (! More difficult to put too much reliance on a difficult childhood the Court is open to Supreme. Factors might include youth, good prospects of rehabilitation, being on protection, and expression. Difficult to put too much reliance on a difficult childhood by a Justice of the on... Guilty at the Local Court Law - Reporter in Lexis Advance you require more 28! 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