Sentencing Submissions
Preparation of sentencing submissions, character references, subjective material and section 32 / section 14 mental health applications.
Preparing for Sentence
Sentence is where most criminal matters are decided. Even on a plea of guilty, the difference between a conviction with a fine and a conditional release order without conviction often comes down to how the subjective case is prepared and presented. We take the time to gather proper material and brief the court on the full picture.
What Happens at a Sentencing Hearing
At sentence, the prosecution outlines the facts and any victim impact material, and the defence makes submissions on the objective seriousness of the offence and the offender's personal circumstances, supported by references and other material.
Factors the Court May Consider
The court weighs the objective seriousness of the offending against subjective factors such as your age, background, remorse, prospects of rehabilitation and the effect a particular sentence would have on you and your family.
Building a persuasive sentencing case
References, Apology and Rehabilitation
Genuine, specific references from people who know the relevant offending and the steps taken since carry real weight, unlike generic letters of good character, and we give clear guidance to referees on what a useful reference contains. A well-prepared letter of apology, together with evidence of counselling or treatment, can also demonstrate genuine insight to the court.
Reports, Programs and Likely Outcomes
In appropriate matters, the court can order a sentencing assessment report addressing suitability for a community based order, or we can run a section 14 mental health application seeking diversion altogether. Outcomes range from a section 10 dismissal through community based orders to full time custody, and we negotiate agreed facts before sentence to remove unhelpful material.
How Shah & Co Lawyers can assist
The subjective case is often decisive, so this is where we invest the most preparation time.
Sentencing Advocacy
Sentencing submissions in the Local, District and Supreme Court.
Subjective Material
Preparation of character references, employment letters and rehabilitation evidence.
Mental Health Applications
Section 14 mental health applications for diversion from the criminal process.
Expert Reports
Coordination of forensic psychology and psychiatric reports where the issues require expert evidence.
Agreed Facts Negotiation
Negotiated agreed facts before sentence to remove unhelpful material.
Community Based Orders
Submissions for conditional release orders, community correction orders and intensive correction orders.
Documents you may need
- Character references from people who know you and the offending.
- A letter of apology, where genuinely appropriate.
- Evidence of counselling, treatment or courses undertaken.
- Proof of employment, study or family responsibilities.
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.
Learn moreBail Applications
Urgent bail applications in the Local, District and Supreme Court, prepared quickly and properly, with release plans, sureties and supporting material.
Learn moreDrug Offences
Possession, supply, ongoing supply, deemed supply, importation and drug driving matters under the Drug Misuse and Trafficking Act and the Criminal Code.
Learn moreAssault Offences
Common assault, assault occasioning actual bodily harm, reckless wounding, grievous bodily harm and affray. Defence, plea and sentencing representation.
Learn moreTraffic Offences
Drink driving, drug driving, dangerous driving, negligent driving occasioning death or grievous bodily harm, licence appeals and habitual offender declarations.
Learn moreAVO Matters
Apprehended Domestic Violence Orders and Apprehended Personal Violence Orders. Defending applications and applying for orders on instructions.
Learn moreSpeak with a solicitor about your sentencing hearing.
Arrange a confidential consultation. Discreet, professional and tailored to your circumstances.