They create sentencing principles which courts must follow. Include any other matters that are considered to be relevant. If you require more than 28 days, you should contact the Fines Enforcement and Recovery Unit. Regina v Durocher -Yvon [2003] NSWCCA 299. Crimes (Sentencing Procedure) Act. BackdateThe offender was arrested on 1 April 2007 and has been in custody continuously since that date for these matters only. Robert Charles Higgins, 64, was sentenced on Thursday to four years and nine months jail for one count of aggravated sexual penetration without consent of a girl under 16, and 12 counts of indecent assault. There have been some statements of the NSW Court of Criminal Appeal to the effect that if the offender is not called, statements in these reports have limited weight: see for example As to written character references, see below.In calling character witnesses, as in most decisions in defence advocacy, less is generally more. Brian Walshe, of Cohasset, Mass., stands during his arraignment in Quincy District Court, in Quincy, Mass., Monday, Jan. 9, 2023, to face charges in connection with misleading investigators. Instead, the aggrieved party may take private action to protect their rights or may sue for damages. The District Court of Western Australia The Court is open to the public Cause List For TUESDAY, 17 JANUARY 2023 . We pay our respects to all members of the Aboriginal communities and their cultures; and to Elders both past and present. The entrance is located via Shore Road. No. To what extent is the discretion limited? 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. If the court makes an error of law or if the sentence is considered to be too high or too low, an appeal can be made against the decision to another court. Home BackdateDepending on the case, other matters may be relevant, such as assistance to the authorities, nature of the client's imprisonment, and whether the sentences should be cumulative, concurrent, or partly cumulative and partly concurrent.A simple example of such an outline of submissions is attached to this paper.Objective GravityI think it is important to start with the objective gravity of the offence. September 1, 2022 Sexual Penetration Without Consent Our client who was charged with one count of sexual penetration without consent was acquitted after being represented by Mr Hofmann after a two day trial before a Judge and jury in the Perth District Court. https://guides.library.uwa.edu.au/case_law, Judge for Yourself: a guide to sentencing in Australia, Creative Commons Attribution-ShareAlike 4.0 International Licence. Regina v Palu (2002) 134 A Crim R 174 at para [21] and 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. 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. These include records of Police Courts, Local Courts, Licensing Courts, Coroners' Courts and Children's Courts. The JCA is the national representative body for Australian judicial officers. Committal Mention . This might be the case for young first time offenders with reasonable prospects of rehabilitation. Although it is conceded that there should be some degree of accumulation in the sentences, it is submitted that the sentence could be largely concurrent to take into account the principles of totality.7. Under Commonwealth law there is no statutory norm for the relationship between the non-parole period and the parole period. District Court Act 1991; Environment, Resources & Development Court Act 1993; Magistrates Court Act 1991; Youth Court Act 1993; Bail Act 1985; Search for court records in Australia. Perth Railway Station is located on Leonard Street which is approximately a 10 minute walk from the Courthouse. 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. To locate Australian sentencing decisions for specific offences search in Australian Current Law - Reporter in Lexis Advance. A. By Reporter. These records cover World Wars I and II and the Korean War. Image 2 by UWA Library. How much discretion does the judicial officer have? Regina v Bernier (1998) 102 A Crim R 44 esp. Perth Sheriff & JP Court Offices will be closed between 2.00pm-5.00pm), Urgent matters/applications during these periods please contact Forfar Sheriff Court on 01307 462186 or forfar@scotcourts.gov.uk. In 1832, jurisdiction for the administration of estates was vested in the newly established Civil Court of Western Australia and in 1861 jurisdiction was transferred to the Supreme Court. Conscientious objectors initially applied to the army for exemption from military service. The District Court is an intermediate trial court placing it between the Magistrates Court and the Supreme Court in the Western Australian courts hierarchy. Regina v Vougdis (1989) 41 A Crim R 125. Judicial Officer contact details (NSW Supreme Court), Judicial Officer contact details (NSW District Court). The Court is open to the public. A loop induction service is available in all courtrooms for people who have hearing difficulties. It is unwise to urge a judge to impose a sentence which you know could not stand in the Court of Criminal Appeal. The nearest taxi rank to the Courthouse is located outside Tesco Metro, South Street. The judges reasons for the sentence are given in his/her sentencing remarks. How will we know? The WRVS run a snack bar service on the ground floor from 9.30am until 12 noon. A Letter of Administration is the document issued when a person dies without a will (intestate) or where the executors cannot carry out their duties. Do not brief your expert with psychiatric or psychological reports which you do not intend to use in court. The sentencing process is at the very core of the criminal justice system. Please note that Sentencing Remarks only remain on the eCourts Portal for 28 days. It is a sentence of last resort and must only be imposed where no lesser penalty is appropriate. Court Rolls Search. It is usual for a judge to make an order supressing the publication of written reasons on an application made prior to trial until the trial has taken place. It is better to have one or two good character witnesses rather than a gaggle of less persuasive witnesses. 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. OUTLINE OF SUBMISSIONS ON BEHALF OF THE OFFENDER, 1. 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. However, on occasion the judge will publish written reasons for decision. If the offender is sentenced to imprisonment, the court will set a non-parole period. This link goes directly to Sentences. 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. Sentences Please see theAccessing Restricted Records sectionfor information on how to apply for access to restricted records. Image 4 retrieved from SL Blogs. at para [23].There may be situations where the Crown is not prepared to remove from the facts an assertion which your client insists is untrue. HTML. Range of sentencesIn the guideline judgment of 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. The sentencing decision was made on the basis that his use of "anti-libidinal drugs" had deprived him of his sex drive. However, it should be a decision informed by your expert advice.I normally try to present to the client the strengths and weaknesses of the case against him. Timetable information can be obtained from Scotrail or National Rail Enquiries via the following link. These can be useful, but the courts have stressed the limitations of this material: see for example Court lists change to suit the needs of the day. It also responds to some common criticisms that are made about sentencing. All contents copyright Government of Western Australia. Special circumstancesThe offender is a young man. 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 This website works best with modern browsers such as the latest versions of Chrome, Firefox, Safari, and Edge. To access this service ask for telephone interpreting and the language required. If you want to know the penalty you are likely to get in your particular situation, you should get legal advice. 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. A. . Criminal Procedure Act 2004. 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. In particular, it is important to establish the degree of knowledge that the witness has of your client, and what (if anything) your client has told the witness about the offence.Written character referencesNormally it is preferable to call character witnesses rather than simply tendering written character references, but this is not always possible.As with calling character witnesses, less is more. 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. Regina v Falls [2004] NSWCCA 335 at para [39]. Appointments can be made by phoning the office number: 01738 620546. What factors does the court take into account? It follows that sentencing is an extremely important of the work of any criminal lawyer.The focus of this paper is the practicalities of sentencing, rather than an academic approach.Obviously many of our clients are women, and many District Court judges are women. All day metered parking is available at the South Inch car park, this is a 5 minute walk from the court house. In regional courts the matter will be transferred to the nearest Magistrates Court that has a District Court Circuit. More serious offences, known as 'indictable offences', begin in the Magistrates Court. These functions were eventually passed to other government agents. If you plead, or have been found 'guilty' a Sentence will be handed down. In the year 2000, . Imprisonment (WA) Imprisonment is the most severe penalty that Western Australian courts can impose. Rules and forms. Perth, NRL player Talatau Junior Amone and his father Talatau Dal Amone faced court charged over an alleged assault. Perth Local Court, Plaints and Minutes, 1864-1971, AN 17 (pre 1914) &. The District Court deals with serious criminal offences such as rape, armed robbery and fraud. Police allege they assaulted tradesmen near Wollongong. Perth Police Court, Charge Books, 1853-1917, Consignment 1386, 1052, & 3146, AN 17, Perth Police Court, Licenses (Liquor and Trade), 1859-1906, Consignment 3294, AN 17, Fremantle Court of Petty Sessions, Evidence Books, 1911-1923, Acc 2952, AN 17, Guildford Court House, Jury List, 1889-1902, Acc 1438, Item 3, AN 17, Broome Courthouse, Pearl Dealers' Licenses Register, Resident Magistrate, 1913-1960, Acc 1352, Item 42, AN 17/BRO, Laverton Licensing Court, Evidence Book, 1911-1922, Acc 1289, Items 25, AN 17 LAV, Narrogin Courthouse, Employer's Register, 1910-1940, Acc 1103, Item 6, AN 17/NAR, Roebourne Court of Petty Sessions, Minutes of Evidence, 1893-1917, Acc 913, Items 15-20, AN 17/ROE, Toodyay Courthouse, Ticket of Leave Registers, 1862-1870, Acc 127, Item 5, AN 17/TOO, York Police Court, Minute Books, 1893-1910, Acc 1086, Items 11-14, AN 17/YOR. Nothing is more likely to sap a client's confidence than a lawyer who does not seem to know the details of the case against him. Home The only exception is when you simply need to introduce yourself to the client and to assure him that you will be out to see him again soon.At the start of a conference with a client it is important to let the client know that anything he says is 'on the record'; that is, he can't tell you one thing and then say another in the witness box.Before getting an account from the client, it is important to make sure that the client understands the nature of the charges, and the evidence against him.If the client wants to plead guilty, my practice is to get a brief life history from him, including of course his account of the offence, and what has happened to him since his arrest. However with older offenders, it becomes more and more difficult to put too much reliance on a difficult childhood. Regina v Henry (1999) 46 NSWLR 346 the Court of Criminal Appeal referred to a starting point of 4 to 5 years for the head sentence for the offence of armed robbery.It is conceded that the facts of these offences are more serious than in the paradigm case referred to in The Supreme Court of Western Australia was given jurisdiction in matrimonial causes by the Divorce and Matrimonial Causes Act of 1863. It also means you agree with what the police say in their summary (called the statement of material facts). A racist father and son were given an extra life sentence for the murder of black jogger Ahmaud Arbery Monday - while their neighbor who filmed it was handed an extra 35 years. Subjective mattersThe offender was 20 years old at the time of the offences, having been born on 1 April 1987.The psychological report indicates that the offender had a difficult upbringing and had learning difficulties at school.5. In the majority of these cases the judge who hears the case will publish written reasons for decision. Please turn on JavaScript and try again. These extracts give the name of the offender, their offence, and the punishment given. 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. However the NSW Court of Criminal Appeal has held in Tribunal hearings and directions are open to the public, however, compulsory conferences and mediation sittings are closed. Often the court will refer to the Commonwealth Crimes Act or the Criminal Law Consolidation Act. Need help with what's in the Collection? Home If you receive a good behaviour . If a person breaks the promise, he or she is guilty of the offence of breaching the bond. It would be a rare case in which you would consider calling more than two character witnesses.Naturally it is very important to properly interview any character witness before you call the witness. Those preparing the report will usually interview the offender, the offenders family, the victim, employers and others who might be relevant to provide the court with the information it requires. Please see theAccessing Restricted Records sectionfor information on how to apply for access to restricted records. Below are links to information about the District Court. 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. 03-n0-00. One important reason for this is that very often clients who have just been sentenced are very unclear about what sentence they have received. 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 eCourts portal provides listings for all courts in Western Australia. It is submitted that the Court would accept this contrition as genuine.3. I certainly don't believe in writing or drafting an answer for the client to the contrition question.If your client has been doing well in custody since the date of the offence, make sure he gives evidence about that. An Australian man has pleaded guilty to abducting four-year-old Cleo Smith and holding her at his home for 18 days. Prosecutors and defence lawyers may also seek pre-sentence reports to present to the court before the court decides on the sentence. Plea of guilty3. Do not go overboard; two or three similar cases will probably suffice. If they keep their promise during this time they do not have to go to prison. Regina v Hemsley [2004] NSWCCA 228 at para [30].6. Prior to 1861, matters of civil law were dealt with by theCivil Court of Western Australiawhich had been established in 1832. It should also be noted that Police Magistrate records may in some cases be located through the police records in the hardcopy AN 5 finding aid available at the State Records Office or throughthe online catalogueunder the name of the local police station. See also records relating to thePerth Children's Court. When Judge Zahra was a Public Defender, he used to tell clients that it was important to bring the plane down on the airstrip; that is, you did not want to come in either too short or too long. This service is NOT available during actual court proceedings. They listen to the prosecution and to the defence and choose from a range of sentences. Magistrates Court Restraining Orders Appeals, Doing Right to All - 50 years of justice at. Unless a suppression order is made, the written reasons for decision will be available online. However, it is significant that these matters are the first offences of this type.4. The Sentencing Act WA. Sometimes a summary of evidence is also provided. There are currently 5 court rooms with 3 resident Sheriffs. Aim for the airstrip, not short of it.I usually attempt to structure the sentence submissions in the same order that I would expect the sentencing judge work through the remarks on sentence. 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. It is submitted that the discount which the offender should receive for the utilitarian value of his plea should be towards the upper end of the range of 10 to 25% identified in Information on this site is provided for research and public information purposes. All of these locations are approximately a 10 minute walk from the Courthouse. 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. Why is a particular penalty chosen? They comprise: The Supreme Court deals with serious indictable offences that breach State laws. Psychiatric/Psychological reports The Naturalisation Act of 1871 (35 Vic. At a Committal Mention the DPP will have taken carriage of the prosecution from the Police. This offence can be regarded as being towards the lower end of that hierarchy of seriousness.2. If your assessment is that the sentencing judge will disbelieve your client and use the client's evidence as ammunition to impose a harsh sentence, the client should not be called.If your client is unable to express any contrition for his offence or offences in a genuine way then, generally speaking, it is unwise to call the client.If the sentencing judge is one who you believe will react sympathetically to your client, then I believe that in almost every case you should call your client. However it is permissible to state that a study of (for example) cases for this type of offence indicates that normally the head sentence is in the order of 6 or 7 years.Special circumstances'Special circumstances' of course refers to the requirement that the proportion of the total sentence to be served on parole must not exceed one third of the non-parole period unless there are special circumstances: s. 44 Some court listings will not be publicly displayed due to legislative or court requirements. Regina v Ibrahimi [2005] NSWCCA 153 at paras [16] to [18].Plea of GuiltyYou should refer to the fact that the plea of guilty is both evidence of contrition, and entitles the offender to the utilitarian benefit for the plea, as set out in Western Australia. The 7 volumes of the Historical records of Victoria contain many extracts from the Melbourne and Geelong court registers for the 1830s and 1840s. District Court Act 1991; Environment, Resources & Development Court Act 1993; Magistrates Court Act 1991; Youth Court Act 1993; Bail Act 1985; During his sentencing hearing in Perth District Court on Tuesday, Judge Michael Gething warned the public gallery the details of the offending would be distressing, with the court taking regular . 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. A Perth school teacher has been sentenced to seven years and six months imprisonment for sexually grooming three students over a two-year period and lying to education department authorities about being in a "relationship" with a 13-year-old girl. April 7, 10 During his sentencing in Perth District Court on Thursday, defence lawyer Sam Vandongen said the 51-year-old's greed, ego and desire to . 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. Judges sentencing remarks from the Supreme Court and the District Court are available online (current sentencing remarks). The Supreme Court did not relinquish responsibility in this area until after the State Family Court Act of 1976 came into effect. If your client was on bail, or on parole, at the time he committed the offences, deal with that in your submissions. The Perth Drug Court deals with offenders who have committed offences and have drug related problems. 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: Pleading guilty means that you accept that you committed the offence. Magistrates Court Restraining Orders Appeals. The State Records Office holds the Grants of Probate and Letters of Administration for the period 1832-1947. Ahmad v Regina [2006] NSWCCA 177 esp. The observance of this small courtesy, often neglected, is of benefit to both sides. If you are serving on a jury a light lunch will be provided at a local hotel nearby. Court users and members of the public can get copies of sentencing remarks handed down by the Supreme Court of Western Australia. The District Court deals with serious criminal offences including serious assaults, sexual assaults, serious fraud and commercial theft, burglary and drug offences. Evidence Act does not apply, do the common law rules apply, or are there no rules? Regina v Bourchas (2002) 133 A Crim R 413 esp. If you receive a good behaviour bond or a community service order, you will have to wait while the appropriate paperwork is prepared. WA News A MAN who was on the run from sex assault charges for almost 20 years has been sentenced to jail in Perth District Court. I prefer to tell the client in advance that at some stage in his evidence in chief I will ask him to tell the judge how he feels about the fact that he has pleaded guilty to this offence or offences, and that that question will be his cue to turn to the judge and speak from his heart about how he feels. Get started with ourguides to popular topics: The Government of Western Australia acknowledges the traditional custodians throughout Western Australia and their continuing connection to the land, waters and community. 1 Jan 2023. These include Police Courts, Local Courts, Licensing Courts, Coroners' Courts and Children's Courts. ASIC confirmed on Wednesday that former financial adviser Rahul Goel was sentenced on 13 December in the Perth District Court to three . This is a 5 minute walk from the Courthouse. Perth Roebourne Sexual Offences Counselling and support services 1800 Respect, National counselling helpline: 1800 737 732 Bravehearts, counselling and support for survivors of child sexual abuse: 1800 272 831 Child Wise, counselling provider: 1800 991 099 Lifeline, 24-hour crisis support and suicide prevention: 13 11 14 NOTE: Restricted access conditions currently apply to all Children's Court records. Perth Licensing Court, Licensing Registers, 1924-75, Acc 3319, Items 17-20, AN 18: Lists licensing district, applicant, locality, nature of licence and decision of the court. Assistance to the authorities and nature of imprisonment6. The building, designed by London architect Sir Robert Smirke, was built in 1819 and stands on the site of Gowrie House, the place where a plot to kill King James VI was hatched in 1600. It has a membership of some 600 judges and magistrates, and is a non-profit organisation largely funded by its members. 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: Failing to so advise a client is a breach of your ethical duties (Bar Rules rule 17B, Solicitors Rules, rule 17B).However, I usually tell the client that having said all this, if he is not guilty that should be his plea.There is a degree of doublespeak in all this, but that is unavoidable.If there has been a change of plea I always get the client's instructions in writing. Court Records. Florida and California provide links to county websites, and still others, such as . Following the proclamation of the Supreme Court Ordinance in 1861, the functions and records of the Civil Court were transferred to the newly created Supreme Court. Regional courthouse records held by the State Records Office can be traced through the court record listings in the hardcopy AN 17 finding aid available at the State Records Office or throughsearching under the name of the required court. Attorneys Justice 101 Sentencing A few months after the defendant is found guilty, they return to court to be sentenced. Allan Keith Huggins, 68, was convicted after a trial in the West Australian District Court earlier this year found him guilty of 16 offences committed in 1990 and 1991. Banner images: Image 1 retrieved from Pixabay. This involves telling the client that a plea of guilty should mean that there is a discount on the sentence which the client would otherwise receive. It looks like you're using Internet Explorer 11 or older. They may also consult reports and victim impact statements. Doing Right to All - 50 years of justice at 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. illegal eagles christian, sherwin williams glimmer vs sea salt, Regina v Bourchas ( 2002 ) 133 a Crim R 44 esp remarks from the Courthouse psychological reports you! Office number: 01738 620546 law rules apply, or are there no?... The non-parole period before the Court will refer to the public can get copies sentencing... Public Cause List for TUESDAY, 17 JANUARY 2023 ].6 Junior Amone and father... Have taken carriage of the Criminal law Consolidation Act Family Court Act of 1976 into! For young first time offenders with reasonable prospects of rehabilitation common criticisms are. Offence, and the language required, armed robbery and fraud Doing Right to all members of prosecution... 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