When you plead guilty, you accept the Statement of Material Facts set out by the Police, and the result will be that, in most cases, the conviction is recorded against your name.
Many individuals, in their decision to represent themselves and plead guilty, often overlook the potential implications. By accepting the Statement of Material Facts without legal advice, you may be exposing yourself to unforeseen consequences. Therefore, you should seek legal advice before entering your plea, whether in the Magistrates Court, the District Court, or the Supreme Court.
Most self-represented litigants do not make any comment to the Court other than entering a plea of guilty.
A 'Plea in Mitigation' is a crucial part of the legal process. It involves presenting specific, significant details about your case to the Court before the sentence is imposed. This information can potentially influence the severity of your sentence, making it a vital aspect of your legal strategy.
The types of matters that you will need to advise the Court about are whether or not you can do community work, why you should not be sent to jail, your circumstances, including family, employment, your prior criminal record, whether you have any particular health problems and whether you are sorry for what occurred. If the Judicial Officer has discretion and you can emphasize that you co-operated with the Police and are genuinely sorry for what happened to the victim, your sentence may be reduced.
Typical sentences are:
• A fine
• A community based order with or without community work
• An intensive supervision order with or without community work
• A suspended term of imprisonment
• Imprisonment.
If you need assistance entering a plea to a charge and/or having representation at the sentencing please do not hesitate to contact our office.