Defended Hearings
Conducting defended hearings in the Local Court, including cross-examination of police and prosecution witnesses, and full court representation throughout your matter.
Pleading Not Guilty to a Criminal Charge
A defended hearing is a contest. The prosecution must prove the elements of the offence beyond reasonable doubt, and the defence position is tested through cross-examination of the witnesses called. Preparation is everything, a careful review of the brief, a clear theory of the case and a focused cross-examination plan. We appear at every listing along the way, from the first mention through to the hearing itself.
What Is a Defended Hearing?
A defended hearing is the trial process in the Local Court, where the magistrate hears evidence from both sides and decides whether the charge is proven. It follows a not guilty plea and typically takes place some months after the first mention.
What the Prosecution Must Prove
The prosecution carries the burden throughout and must prove every element of the offence beyond reasonable doubt. If any element is not proven to that standard, the charge must be dismissed.
How we prepare your defence
Reviewing the Brief and the Evidence
We review the full brief of evidence, including statements, CCTV, body worn video and forensic material, to identify inconsistencies, gaps and weaknesses in the prosecution case, and issue subpoenas for any additional material that should exist. A focused cross-examination plan is prepared for each witness, and independent experts are engaged where the issues call for it.
The Hearing and Possible Outcomes
On the day, the prosecution calls its witnesses first, subject to cross-examination, followed by any defence evidence, before final submissions are made on the law and the facts. If the charge is not proven it is dismissed, and if it is proven the matter proceeds to sentence, usually the same day, with an appeal available within 28 days.
Our process
How a matter of this kind moves from first contact to outcome.
Enter a Not Guilty Plea
We file the plea and the matter is set down for hearing.
Obtain the Brief of Evidence
The full police brief is obtained and reviewed in detail.
Review and Prepare the Defence
We identify weaknesses in the case and build a clear defence theory.
Case Management and Negotiations
Disclosure, subpoenas and any negotiation with the prosecution are dealt with.
Defended Hearing
Evidence is called and tested, and submissions are made on the law and facts.
Judgment and Next Steps
The outcome is delivered, with sentence or an appeal to follow as required.
How Shah & Co Lawyers can assist
Winning a defended hearing comes down to preparation, and this is the work that goes into it.
Brief Review
Review of the brief of evidence and identification of weaknesses in the prosecution case.
Subpoenas
Subpoenas for additional material, including CCTV, body worn video and communications records.
Voir Dire Applications
Applications on admissibility, including under section 138 of the Evidence Act.
Cross-Examination
Cross-examination of police, complainants and lay witnesses.
No Case Submissions
No case submissions at the close of the prosecution case where the evidence falls short.
Final Submissions
Preparation and delivery of final submissions on the law and the facts.
What we review in every brief
- Statements from the complainant and any witnesses.
- CCTV, body worn video and other recordings.
- Forensic evidence and continuity of exhibits.
- The lawfulness of any search, arrest or interview.
Frequently asked questions
General information only. Every matter turns on its own facts.
Other criminal law services
Police Interviews
Advice and representation before, during and after a police interview. We protect your right to silence and your right to legal representation.
View Police InterviewsBail Applications
Urgent bail applications in the Local, District and Supreme Court, prepared quickly and properly, with release plans, sureties and supporting material.
View Bail ApplicationsDrug Offences
Possession, supply, ongoing supply, deemed supply, importation and drug driving matters under the Drug Misuse and Trafficking Act and the Criminal Code.
View Drug OffencesAssault Offences
Common assault, assault occasioning actual bodily harm, reckless wounding, grievous bodily harm and affray. Defence, plea and sentencing representation.
View Assault OffencesTraffic Offences
Drink driving, drug driving, dangerous driving, negligent driving occasioning death or grievous bodily harm, licence appeals and habitual offender declarations.
View Traffic OffencesAVO Matters
Apprehended Domestic Violence Orders and Apprehended Personal Violence Orders. Defending applications and applying for orders on instructions.
View AVO MattersSpeak with a solicitor about your defended hearing.
Arrange a confidential consultation. Discreet, professional and tailored to your circumstances.