Pleading Guilty in the Magistrates Court

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Once a plea of guilty has been identified, we consider any number of the below points and other things we may need to tell the court to secure the lowest possible penalty for your charges.

  • Age

  • Early / Timely / Late Plea?

  • Assistance to police

  • Admissions?

  • Admissions to unknown offences?

  • Plea to a weak crown case?

  • Living arrangements

  • Marital status

  • Family circumstances

  • Support of family?

  • The trauma they may have experienced?

  • Impact of penalty on family

  • Level of education

  • Qualifications

  • Employment history

  • Impact on employment?

  • Most recent employment

  • Letter from an employer?

  • Future plans?

  • Physical health

  • Mental health

  • Capacity

  • Medications – evidence of?

  • Substance abuse

  • When did the substance abuse commence?

  • What steps have been undertaken to address the substance abuse?

  • Clean drug analysts certificates?

  • Counselling they have undertaken?

  • Character references?

  • The circumstance of the offence

  • Parity of offending

  • The consequence of the offending on the client

  • Remorse / Letter of remorse?

  • Any extra-curial punishment?

  • Further offending?

  • How did they perform on bail?

  • How did they go on existing orders after being charged?

  • Have they performed well on particular orders in the past?

  • Restitution?

  • Presentence custody?

  • Conduct while on remand?

  • Any time in isolation?

  • Loss of privileges?

  • Courses they have done in custody?

  • How did they contribute to the offending?

  • What is the ideal sentence structure?

  • What is the most serious offence

  • What parts of the facts need to be met head-on?

  • Impact on a drivers license?

  • Convictions recorded?

  • Imprisonment as a sentence of last resort