Magistrates Court Restraining Orders Appeals. 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. 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. Record4. For Western Australian courts, selected sentencing remarks are available on the Supreme Court and District Court websites. This might be the case for young first time offenders with reasonable prospects of rehabilitation. The judges reasons for the sentence are given in his/her sentencing remarks. 11. 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. I write this out in prose, rather than as notes, to make sure I can use it as a proof of evidence later.Should I plead guilty or not guilty?This is probably one of the questions most frequently asked of criminal lawyers by their clients and is one of the most difficult to answer.The short answer, of course, is that it is the client's decision. For example, private property or drugs may be confiscated. Mon - Thurs 09.00 - 17.00, Fri 09.00 - 16.30. Don't wait until you utter the words 'I tender a number of character references.' A reference by a witness who has not had contact with the accused for many years, for example, should be discarded.The second requirement is that the reference should indicate that the author of the reference is aware of the nature of the offences to which the client has pleaded. the District Court of Western Australia. Failing that, I suggest faxing a letter to the prison seeking confirmation that your client is in protective custody, and the number of hours he is spending in his cell each day.SubmissionsIt is very helpful to prepare a written outline of submissions. 14 December 2022 1 minute read. For most sentencing matters in the District Court, I would recommend obtaining a psychological or psychiatric report. A sentence is the penalty for committing a crime. 737 total criminal hearings, including both sentencing hearings and trials, were heard in the Circuit courts in 2019. HTML. Tribunal hearings and directions are open to the public, however, compulsory conferences and mediation sittings are closed. Olbrich v The Queen (1999) 199 CLR 270.Reading the briefThe most important part of preparing a sentence matter is to have a good understanding of the prosecution case. A former financial adviser was sentenced in the Perth District Court for dishonestly obtaining over $35,000 from his clients' superannuation accounts. Objective gravity I acknowledge that sometimes this is difficult, particularly when a semi-literate client is attempting to read a report full of complex jargon. This task is not simple and it is never finished. I try to set out the essential elements of the offence in lay terms; for example: Negotiating with the DPP Probate and Letters of Administration records are name-searchable on the State Records Office catalogue. These can be useful, but the courts have stressed the limitations of this material: see for example A former Perth financial adviser has been sentenced after dishonestly obtaining over $35,000 from his clients' superannuation. 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 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. Judges usually do not like being told that the range of sentence for this offence is between 6 and 7 years. Uniform Civil Rules and Forms 2020; Joint Criminal Rules and Forms 2022; Uniform Special Statutory Rules 2022; . Dal Amone's application for . Full access for any wheelchair users or persons with prams/pushchairs is available via a ramp adjacent to the front entrance of the building on Tay Street. Edwards shows no emotion as sentence handed down . Civil - claims for debt or damages and non-offence based matters (eg extraordinary licence applications, dividing fences and restraining orders). 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. If it is a good behaviour bond without supervision, there is nothing more you have to do (except of course to be of good behaviour!). This link goes directly to Sentences. Sentences Regina v Bernier (1998) 102 A Crim R 44 esp. Please see theAccessing Restricted Records sectionfor information on how to apply for access to restricted records. 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 Under the Sentencing Act imprisonment is not an option unless the offender has shown violent behaviour towards people, is likely to commit another serious offence, has previously been convicted of an offence punishable by imprisonment, or the offence is so serious that no other punishment would fit the crime. District Court Act 1991; Environment, Resources & Development Court Act 1993; Magistrates Court Act 1991; Youth Court Act 1993; Bail Act 1985; I always try to prepare for a conference in the same way that I might prepare for a hearing. 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. However, it is significant that these matters are the first offences of this type.4. Perth Police Court, Applications - Bastardy Laws Act, 1881-1916, Consignment 3296, AN 17: Applications from single mothers seeking child support. They create sentencing principles which courts must follow. The sentencing decision was made on the basis that his use of "anti-libidinal drugs" had deprived him of his sex drive. District Court Act 1991; Environment, Resources & Development Court Act 1993; Magistrates Court Act 1991; Youth Court Act 1993; Bail Act 1985; You must lodge your appeal with the Higher Court, not with the Court that heard your matter. Sentencing Schemes Guilty Pleas and Sentencing Concurrency and Cumulation Mental Impairment and Sentencing Sentencing Remarks Sentence Types for Adults Imprisonment Drug Treatment Order Community Correction Order Fine Dismissal, Discharge, Adjournment Orders in Addition to Sentence Suspended Sentences and Other Abolished Orders Evidence Act does not apply to sentence proceedings.This leaves sentencing procedure in a curious position. RecordThe offender has a limited record and there are some matters of violence which are of concern. Court users and members of the public can get copies of sentencing remarks handed down by the Supreme Court of Western Australia. Do not brief your expert with psychiatric or psychological reports which you do not intend to use in court. Buses stop on Princes Street, Canal Street and at Perth Bus Station which is situated in Leonard Street. Read More June 22, 2022 Aggravated Common Assault The District Court also determines civil claims up to $750,000 and has unlimited jurisdiction in claims for damages for personal injury.More information can be found on the About the Court page. It is submitted that the sentence to be imposed should be backdated to that date.John Stratton SCDeputy Senior Public Defender10 September 2007. 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. Judges sentencing remarks from the Supreme Court and the District Court are available online (current sentencing remarks). They may also consult reports and victim impact statements. What factors does the court take into account? Uniform Civil Rules and Forms 2020; Joint Criminal Rules and Forms 2022; Uniform Special Statutory Rules 2022; . It also responds to some common criticisms that are made about sentencing. Records relating to various Resident Magistrates may also be located through the listings at the hardcopy AN 17 finding aid available at the State Records Office oronlineunder the name of the required Magistrate's district. However the NSW Court of Criminal Appeal has held in Why a minimum sentence of three years for a bashing rather than, say, ten years? Word. All rights reserved. The estates of those who died in the Colony between 1829 and 1831 were administered in Britain, were settled informally, or were settled later. If your expert refers to old reports (which you do not intend to use) in his report, the Crown may well be entitled to seek access to these reports as a condition of admitting the new report.Before you serve or tender a report, you should read the report carefully and consider whether the report actually assists your case, prior to the report being served on the Crown, let alone tendered. The Public Defenders' web site has tables of cases for many of the offences which frequently come up in the District Court.Some of you may have access to the graphs for sentences prepared by the Judicial Commission. If the offender has a bad record, you might simply concede that his record does not assist him.If your client was on a bond or on bail at the time of the offence, acknowledge that fact in your submissions, rather than waiting for the prosecution to do so.Subjective FeaturesAt the very least you should refer to the offender's age, and any matters in his personal history which might have contributed to the commission of the offence.Other relevant matters may be your client's drug and alcohol history, psychiatric history, and so on.Assistance to authorities and Nature of ImprisonmentIf your client has provided information to the authorities, or given evidence for the prosecution, that should of course be drawn to the attention of the sentencing judge.If you are not in a position to call your client, try to at least get confirmation from the prison that you client is in protection and the nature of his custody.Range of SentencesAt this point in your submissions, you might want to refer to any Judicial Commission Statistics or schedules of cases, which you have obtained.A certain amount of subtlety is required here. I try to set out the advantages and disadvantages of pleading guilty. 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. The booklet called "Judge for Yourself: A Guide to Sentencing in Australia" is published by the Judicial Conference of Australia (JCA)as a free resource to members of the public who wish to gain a better understanding of the system of sentencing offenders in Australia. If the Crown accepts pleas to lesser charges, you may be able to argue that you have pleaded guilty at the earliest opportunity: see Plea of guiltyThe offender pleaded guilty at the earliest opportunity, that is, at the Local Court. Sometimes, as in the case of a very violent crime, a non-parole period is not set and the person must remain in gaol for the entire prison sentence. These include Police Courts, Local Courts, Licensing Courts, Coroners' Courts and Children's Courts. All day metered parking is available at the South Inch car park, this is a 5 minute walk from the court house. Just mention the positives about the defendant and leave it to the lawyer to make the submission on sentencing. Banner images: Image 1 retrieved from Pixabay. It has a membership of some 600 judges and magistrates, and is a non-profit organisation largely funded by its members. If you want to know the penalty you are likely to get in your particular situation, you should get legal advice. 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. It is important to distinguish between the two. Information on this site is provided for research and public information purposes. The District Court deals with serious criminal offences such as rape, armed robbery and fraud. 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. The booklet tries to explain in broad terms what courts do in the sentencing process and why they do it. Concurrency and accumulationThe two robberies occurred within 2 weeks of each other. Regina v Vougdis (1989) 41 A Crim R 125. The District Court is an intermediate trial court placing it between the Magistrates Court and the Supreme Court in the Western Australian courts hierarchy. Court users and members of the public can get copies of judgments and sentencing remarks handed down by the Supreme Court of Western Australia. 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. A. NOTE: Restricted access conditions currently apply to all Children's Court records. 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. Need help with what's in the Collection? If you require the support of an interpreter when you contact a court (by phone or attend in person), a telephone interpretation service is available. Below are links to information about the District Court. Conscientious objectors initially applied to the army for exemption from military service. Short stay metered car parking available at the rear of the court building, accessed via South Street or Canal Street. January 2, 3 Civil - Ordinary Actions No cases allocated of this type Simple Procedure No cases allocated of this type Summary Cause No cases allocated of this type Small Claims . Magistrates Court Restraining Orders Appeals, Judge for Yourself: A Guide to Sentencing in Australia. You may be trying to access this site from a secured browser on the server. 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. About the District Court District Court registry Decisions . 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: Pleading guilty means that you accept that you committed the offence. All rights reserved. It looks like you're using Internet Explorer 11 or older. Range of sentences for this Offence7. 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. If you plead, or have been found 'guilty' a Sentence will be handed down. Some of your clients will not be able to help themselves.Other written materialIt is often helpful to be able to take the sentencing judge to some comparable sentencing cases. Or psychiatric report legal advice members of the Court house and sentencing remarks down... 44 esp it to the public can get copies of judgments and sentencing remarks handed by! Court building, accessed via South Street or Canal Street and at Perth Bus Station which situated... 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