Special circumstancesThe offender is a young man. 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. The Court is open to the public. 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. These include records of Police Courts, Local Courts, Licensing Courts, Coroners' Courts and Children's Courts. 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. Thomson and Houlton (2000) 49 NSWLR 383. It looks like your browser does not have JavaScript enabled. Credit: Toby Crockford In the end, the boy finally told them because he was concerned . Sometimes it is not easy to detect that a particular client has an intellectual disability: obvious clues to look for are an inability to read, or a history of attending special classes at school.Make sure that your expert is briefed with the essential materials which will go before the sentencing judge. In the year 2000, . With very young offenders, childhood traumas are very significant. 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. See the links in the panel on the left. Your aim is to leave the prosecutor with nothing to say (or at least nothing to say which is not repetitive of what you have already said or irrelevant).Be careful what you wish for. 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. The Perth Children's Court became the Children's Court of WA with the passing of the Act of the same name in 1988. These are usually read out to the offender in court. . For more information see the contactSCOTLAND website. Sign and date. We hope you find the site interesting and informative. All contents copyright Government of Western Australia. If your expert refers to old reports (which you do not intend to use) in his report, the Crown may well be entitled to seek access to these reports as a condition of admitting the new report.Before you serve or tender a report, you should read the report carefully and consider whether the report actually assists your case, prior to the report being served on the Crown, let alone tendered. January 2, 3 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. At the end of the non-parole period the Parole Board decides whether an offender will be released on parole. Clearly sign and date the character reference and include your contact details. Coroner's reports contained in court records often include evidence given by various witnesses along with the verdict reached. If the client claims that he only started committing armed robberies in the aftermath of his grief for the death of his mother, you had better be very clear that the date of the offence for his first conviction for an armed robbery occurred after the date his mother died.One of the advantages of pleading guilty is that if the offender is genuinely remorseful, that remorse may be a very important mitigating factor. On arrival please report to the main reception desk in the building through the front door and turn to the immediate right. 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. History of the Court System in Western Australia, Supreme Court Registry and Central Office, Protocol for Voluntary Criminal Case Conferencing. If you use British Sign Language (BSL) and wish to phone us using a sign language interpreter, you can use the online video relay interpreting service. If the Crown accepts pleas to lesser charges, you may be able to argue that you have pleaded guilty at the earliest opportunity: see Such factors might include youth, good prospects of rehabilitation, being on protection, and so on.Different considerations arise in Commonwealth sentencing matters. Range of sentences for this Offence7. A former Perth financial adviser has been sentenced after dishonestly obtaining over $35,000 from his clients' superannuation. Nothing will give some judges greater pleasure than cross-examining an offender about a conflict between the accused's account of his life and his criminal history. The Perth Drug Court deals with offenders who have committed offences and have drug related problems. For example, the Environment Protection Act may apply in a case involving environmental crime. These are among the most important documents that exist forWestern Australia, constituting the foundation of the State's legal system and providing a unique source of information on the social, political and economic development of the State. A Grant of Probate is the official proving of a Will. The Magistrates Court of Western Australia has multiple registries located around the State to deal with: Criminal - offence-based matters; and. 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 Judges and magistrates are trained to be independent. In some criminal cases a judge is required to make a decision on an application brought by one of the parties under the Criminal Procedure Act 2004 (WA) or the Evidence Act 1906 (WA) before the accused person's trial takes place. Una and Denis Glennon leaving Perth District Court after the sentencing. It also means you agree with what the police say in their summary (called the statement of material facts). Dal Amone's application for . 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. Changes in sentencing laws and procedures can sometimes be influenced by criticisms of courts from the public, lawyers, police or those working in corrections, as well as the media. It is important to distinguish between the two. Those instructions do not have to be in great detail and certainly would not need to be longer than a page. These records cover World Wars I and II and the Korean War. These include Police Courts, Local Courts, Licensing Courts, Coroners' Courts and Children's Courts. Credit: Peter de Kruijff. You must lodge your appeal with the Higher Court, not with the Court that heard your matter. Records which may prove especially useful are the Minutes of Evidence of the Police Court, Local Court, Court of Petty Sessions and the Court of Quarter Sessions, which can provide information on the trials of criminals for a variety of offences. The Court is located on Tay Street, near the Queens Bridge, close to the town centre and accessible by public transport. The sentencing process is at the very core of the criminal justice system. You cannot advise your client on whether to plead guilty unless you have read the Crown brief.The conference with the clientI am firmly of the view that there is no point in attempting to have a conference with the client if you have not read the brief. The District Court is an intermediate trial court placing it between the Magistrates Court and the Supreme Court in the Western Australian courts hierarchy. All rights reserved. May 1, 8, 29 The records include: Prior to 1871, naturalisation was effected by separate and individual Acts of the Legislative Council. This means that a court or tribunal is bound by any decisions of a higher court or tribunal. The records date from the establishmentof the Colony and are used to traceforebears for family history, to investigatethe history of crime in the State and for solicitors needing files relating to current cases. This task is not simple and it is never finished. Perth Local Court, Plaints and Minutes, 1864-1971, AN 17 (pre 1914) &. If you ask your client to write such a letter, you should make it clear to him that it should be his own thoughts, not those of the MRRC prisoners legal collective!If your client is in protective custody, for reasons discussed above, it is important to have evidence of the conditions of protective custody before the sentencing judge. What factors does the court take into account? Of the matters that go to trial, generally the acquittal rate is about 50%. 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. Judges usually do not like being told that the range of sentence for this offence is between 6 and 7 years. At least with a psychological or psychiatric report, if the contents are of no use, you can decide not to use it. It has been held that if no direction is made, the common law rules of evidence apply if there is a dispute: Record4. The Naturalisation Act of 1871 (35 Vic. If you want to know the penalty you are likely to get in your particular situation, you should get legal advice. Include any other matters that are considered to be relevant. 737 total criminal hearings, including both sentencing hearings and trials, were heard in the Circuit courts in 2019. Sentencing Schemes Guilty Pleas and Sentencing Concurrency and Cumulation Mental Impairment and Sentencing Sentencing Remarks Sentence Types for Adults Imprisonment Drug Treatment Order Community Correction Order Fine Dismissal, Discharge, Adjournment Orders in Addition to Sentence Suspended Sentences and Other Abolished Orders The main categories of Supreme Court records held by the State Records Office are: To appeal is to call upon a higher court to reconsider the judgement of a lower court. Shocking CCTV footage of a one-punch assault at Perth's Amplifier Bar in January has been released by the Perth District Court. They may also consult reports and victim impact statements. U.S. A. Regina v Henry assumed a late plea: see 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. The District Court deals with serious criminal offences such as rape, armed robbery and fraud. 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. Tribunal hearings and directions are open to the public, however, compulsory conferences and mediation sittings are closed. Please see theAccessing Restricted Records sectionfor information on how to apply for access to restricted records. These include Police Courts, Local Courts, Licensing Courts, Coroners' Courts and Children's Courts. Most of the offences . Following colonisation, Resident Magistrates (also known as Police Magistrates and Government Residents) were established in key areas of the State in the 1800's to officiate in legal and administrative matters. Western Australia. These can be useful, but the courts have stressed the limitations of this material: see for example 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 also assists the sentencing judge to recall the points you are seeking to make, particularly if the judge intends to reserve the sentencing proceedings. Unfortunately, relatively few Coroners' Court records have survived prior to the 1970s. The WRVS run a snack bar service on the ground floor from 9.30am until 12 noon. If a person breaks the promise, he or she is guilty of the offence of breaching the bond. Pleading guilty in the Magistrates Court. 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. The State Records Office holds the following naturalisation records for the Supreme Court: Grants of Probate (Wills) and Letters of Administration. 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. to show the prosecutor the references, because this simply wastes everyone's time.Beware of character references with identical typefaces and/or similar signatures. 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. 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. Perth Railway Station is located on Leonard Street which is approximately a 10 minute walk from the Courthouse. 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 . The entrance is located via Shore Road. The Magistrates Court deals with adults, aged 18 or over, required to appear in court after being charged with a criminal offence. A. Minor criminal offences, known as 'simple offences', are dealt with in the Magistrates Court. The responsibility of customs, for example, was transferred to the Commonwealth soon after Federation in 1901. A 28-year-old was sentenced in Brisbane District Court on Wednesday for his "predatory and callous" abuse. Appointments can be made by phoning the office number: 01738 620546. 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. 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