perth district court sentencing

'Cowardly' one punch attack at Perth nightclub earns Brent Robert Johnston 12-month jail sentence KATE CAMPBELL PerthNow Decisions & PublicationsSentences. Sentencing Dangerous Offenders - Extended & Life Sentences Maximum statutory fines payable on conviction Appeal a sentence or conviction Deportation of criminals Criminal Records Rehabilitation of Offenders & Spent Sentences Open Justice Find information about criminal offences, defendants, barristers, solicitors and judges. Please see theAccessing Restricted Records sectionfor information on how to apply for access to restricted records. All rights reserved. This link goes directly to Sentences. Selected examples of regional courthouse records held by the State Records Office include the following: The Perth Children's Court was originally set up under the State Children's Act 1907 and operated within the City of Perth precinct. 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. From time to time errors are made in criminal records, although it has to be conceded that if there is a difference between your client's recollection and the official record, it is more likely that your client's recollection is deficient.When you are reading your client's record look for offences of the same type committed by your client in the past, and also check to see if your client was on parole or on bail when he committed the offence for which he is being sentenced.Pre sentence reportsIn the District Court I normally hesitate to ask for a pre-sentence report. This is another small courtesy which will cost you virtually nothing but which will earn you judicial appreciation.Once the report is on evidence, the history given to the expert is evidence of the fact: In particular avoid taking into account so many factors that you end up with a very small sample.Again, if you intend to hand up cases or statistical material, have a copy available for the prosecution.Should I call the client?Probably the second most difficult question in appearing in a District Court sentence matter (after the question of whether the client should plead at all) is in deciding whether or not to call your client.In the District Court in the normal course of things I think it is preferable to call the offender. It is unwise to urge a judge to impose a sentence which you know could not stand in the Court of Criminal Appeal. If you want to know the penalty you are likely to get in your particular situation, you should get legal advice. If your client is drug addicted, and you have a record showing that he has not been charged with having drugs in his urine tests, lead evidence from him about that fact, and the number of random urine tests he has been required to give.If your client is in some form of protection, get him to give evidence about the conditions of his custody. Florida and California provide links to county websites, and still others, such as . We pay our respects to all members of the Aboriginal communities and their cultures; and to Elders both past and present. At a Committal Mention the DPP will have taken carriage of the prosecution from the Police. Plea of guiltyThe offender pleaded guilty at the earliest opportunity, that is, at the Local Court. Perth, The man - a school friend of the boy . Often the court will refer to the Commonwealth Crimes Act or the Criminal Law Consolidation Act. 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. The JCA is the national representative body for Australian judicial officers. 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. Usually factors which might call for a variation in the statutory proportion are the need for the offender to have a longer period of supervision in the community, or because the conditions of the offender's imprisonment will be particularly harsh: Assistance to the authorities and nature of imprisonment6. The District Court is an intermediate trial court placing it between the Magistrates Court and the Supreme Court in the Western Australian courts hierarchy. to the Perth Magistrates Court for a Committal Mention. Crimes (Sentencing Procedure) Act. Kununurra, and South Hedland, which hear predominantly criminal trials. With very young offenders, childhood traumas are very significant. However with older offenders, it becomes more and more difficult to put too much reliance on a difficult childhood. Should the applicant be denied they could appeal to the Supreme Court of the State in which they resided. Frankly, a strong argument for obtaining such a report is that at the end of the day, for whatever reason, you are unable to call your client, at least you will have some means of putting a subjective case before the sentencing judge.The next question is whether it is better to obtain a report from a psychiatrist or a psychologist.If there are issues about violence or dangerousness to the community (particularly in sexual matters), I think it is preferable to obtain a report from a psychiatrist. The boy was aged five when the year-long period of "predatory and callous" abuse began in his family home north of Brisbane in February 2017, the court heard. 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 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. The second thing to check is that the version of the facts given in the report is consistent with your instructions, that is, what you expect your client will say in the witness box if called.If you have decided to use a report, wherever possible serve a copy on the Crown prior to the sentence hearing. Listen. Regina v Thomson & Houlton (2000) 49 NSWLR 383.The offender expressed his contrition to the psychologist Mr Tinker and it is anticipated he will express his contrition in evidence today. The entrance is located via Shore Road. These include Police Courts, Local Courts, Licensing Courts, Coroners' Courts and Children's Courts. Regina v Falls [2004] NSWCCA 335 at para [39]. For example, private property or drugs may be confiscated. A fine is a sum of money that a court orders an offender to pay. Magistrates Court Restraining Orders Appeals, Judge for Yourself: A Guide to Sentencing in Australia. All rights reserved. Subjective Features5. Please turn on JavaScript and try again. 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. If there was an early plea, this should be referred to.RecordIf the offender has no or a limited record, this should be referred to. 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. Probably the easiest way of doing this is through having a psychiatric or psychological report which you can tender. Picture: Nine Then deal with the offence itself, and any expression of remorse the client can make. He or she usually has to return to prison, serve out the rest of the original sentence and do extra time for breaching the bond. No. For more information see the contactSCOTLAND website. 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. However, normally taking this step is a last resort, because having an unsuccessful factual dispute will erode the benefit which your client would otherwise get from his plea.The client's recordAlways have your client check what the Crown intends to tender as your client's criminal history. Special circumstancesThe offender is a young man. Objective gravity Special Circumstances8. Of the matters that go to trial, generally the acquittal rate is about 50%. They may also consult reports and victim impact statements. We hope you find the site interesting and informative. Attorney General's Reference No. The records of the Supreme Court of Western Australia are the most extensive collection of court records held by the State Records Office. The outline need only be 2 or 3 pages long.Deal with the aggravating features in your submissions; don't give the prosecution the opportunity to get up and say 'But the offender was on bail for other offences at the time'. After 1903, naturalisation was transferred to Commonwealth jurisdiction. Also useful are the records of the various Licensing Courts which provide information on people applying for different types of licenses such as liquor, sandalwood, timber, dog, cart, billiards, confectioners, board and lodging, firewood, pawnbroker, hawkers, pearling, etc. Imagereproduced with permission fromStu's Views: Law & Lawyer Cartoons http://www.stus.com. Doing Right to All - 50 years of justice at However if you have decided not to call your client, tendering a report may be the only way to get subjective material before the judge.Character witnessesIt is preferable to be able to call a character in District Court sentence proceedings rather than to simply rely on written character references. How will we know? The first and most important thing to check is that your client's version of the offence in the report is consistent with a plea of guilty. The offender appears to have reasonable prospects for rehabilitation.It is submitted that your Honour will have no difficulty in finding that there are special circumstances justifying a variation in the statutory ratio between the non-parole period and the parole period.8. The files associated with Probate and Administration are amongst the most heavily accessed of archival recordsand are essential documents for anyone researching their family history. Magistrates Court Restraining Orders Appeals, Doing Right to All - 50 years of justice at. 122 search results for perth. I concede that the other side of the argument is that pre-sentence reports have the added weight that the theoretically unbiased position of the author (a probation and parole officer) lends to the report.The only time I would normally ask for a pre-sentence report is when a non-custodial outcome is a real possibility, and even then I would consider suggesting that the report should be limited to sentencing options other than a full-time custodial sentence. All day metered parking is available at the South Inch car park, this is a 5 minute walk from the court house. More serious offences, known as 'indictable offences', begin in the Magistrates Court. Regina v Lewis (1998) 100 A Crim R 361. Evidence Act does not apply, do the common law rules apply, or are there no rules? Shocking CCTV footage of a one-punch assault at Perth's Amplifier Bar in January has been released by the Perth District Court. To access this service ask for telephone interpreting and the language required. This process will capture a screenshot of your current browser screen to be included with the above information to better assist the Help Desk with your issue. The Court is open to the public. The booklet tries to explain in broad terms what courts do in the sentencing process and why they do it. Children (Criminal Proceedings) Act). In South Australia, sentencing is the task of a sentencing judge or magistrate in a: When determining the sentence, the court must follow precedents and laws set by State Parliament such as theCriminal Law (Sentencing) Act 1988. Instead, the aggrieved party may take private action to protect their rights or may sue for damages. Judges and magistrates are trained to be independent. Emily Smith . Cameron v The Queen (2002) 76 ALJR 382.At one stage it appeared that there was little benefit for an offender to put matters on a Form One, because there was authority to the effect that putting a matter on the Form One only effected the maximum penalty: see for example It is usually worthwhile to attempt to negotiate with your DPP counterpart to see if the Crown will accept lesser, or a smaller number, of charges. This offence can be regarded as being towards the lower end of that hierarchy of seriousness.2. Unfortunately, relatively few Coroners' Court records have survived prior to the 1970s. All rights reserved. These sentencing remarks are often published on Australian court websites. 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!). 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. 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. Subsequent amendment allowed the Court to sit in other designated areas in the metropolitan area. Sentences 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. ASIC confirmed on Wednesday that former financial adviser Rahul Goel was sentenced on 13 December in the Perth District Court to three . Versions of this Act (includes consolidations, Reprints and "As passed" versions) For example, the Environment Protection Act may apply in a case involving environmental crime. However it is useful to have the client check the report because it is very easy for a misunderstanding between the expert and your client to lead to errors being made in the report.Wherever possible, have a working copy of the report available to hand up to the judge. Unless a suppression order is made, the written reasons will be available online via the eCourts Portal. 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. 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 State Records Office holds records from a number of regional courthouses located throughout the State. The Courts are open to the Public. When it is ready, a justice of the peace (JP) or a court officer will explain the conditions of the bond or order to you, and then you and the JP/court officer must sign it. If you continue with this browser, you may see unexpected results. That is because the nature and amount of crime changes over time, community attitudes shift and new approaches to the legal system are always being suggested. Listen Courts of Western Australia The online court lists for the District Court of Western Australia detail the matters appearing before the court each day - including the judges presiding and the courtroom in which the matter will be heard. The Perth Drug Court operates in the Perth Magistrates Court, and is aimed at breaking the cycle of drug related offences by allowing you to enter a treatment program prior to sentencing. 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. A. April 7, 10 The State Records Office holds the following naturalisation records for the Supreme Court: Grants of Probate (Wills) and Letters of Administration. In relation to the agreed facts, and any other material to be tendered by the Crown, your rule of thumb should be that less is more.An agreement with the prosecution about the nature of the sentence which should be imposed does not bind the sentencing judge: In the year 2000, . This might be the case for young first time offenders with reasonable prospects of rehabilitation. 737 total criminal hearings, including both sentencing hearings and trials, were heard in the Circuit courts in 2019. 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. Word. The Magistrates Court of Western Australia has multiple registries located around the State to deal with: Criminal - offence-based matters; and. Court Rolls Search. In the Court of Western Australia has multiple registries located around the State to deal the! Consult reports and victim impact statements sentenced on 13 December in the Perth Magistrates Court Restraining Orders Appeals, Right. 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