order made by a court after an offender is convicted, whether or not a conviction . as to how sentencing submissions would be made to the. Judge. It is clear.
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- The Court Process : Office of the Director of Public Prosecutions
- Submission of argument - appealing sentence
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Cases are only considered 'comparable' if the other person was:. Your sentence will not be lowered by the Court of Appeal if it is simply harsh or at the top of the range of sentences ordinarily imposed for that offence.
It must be 'manifestly excessive' before the Court will lower the sentence. Parity means that, generally speaking, where two or more people commit the same crime they should receive the same sentence.
To have parity, the case of your co-accused must be similar to your own. For example, if your co-accused had less involvement than you, or was a first offender, or you have a longer criminal history, then the Court of Appeal will not usually consider that your sentence should be on par with your co-accused.
The totality principle states that where a person is being sentenced for different crimes committed at different times, the overall sentence should not be excessive and regard must be had to the total effect of the sentence. You need to be prepared to argue why your total sentence was too high and what it should have been, given the total criminal offences involved. There are certain grounds you cannot raise as to why your appeal against sentence should be allowed. Know the law, know your rights.
The Court Process : Office of the Director of Public Prosecutions
Have you been in an accident? When disaster strikes cyclones, storms and floods—a guide to getting your insurance claim paid Consumer and trader disputes—a guide to help you resolve a dispute with a trader Does someone owe you money? Main Content Anchor Submission of argument - appealing sentence. Comparable sentences The Court of Appeal is unlikely to lower your sentence unless your sentence was 'manifestly excessive' when compared to similar cases.
Where there is reasonable cause to believe that the crime has been committed, the alleged offender will either be reported to or charged by Police.
Submission of argument - appealing sentence
Alternatively, where sufficient evidence cannot be obtained by Police , no charges will be laid. A summons is a legal document that advises the alleged offender of the offences they are charged with and the date and time they are required to appear in the Magistrates Court see below. Committal Proceedings are held in the Magistrates Court in front of a Magistrate.
The job of a Magistrate is to determine if there is sufficient evidence for the matter to be sent to committed a higher court for Trial. This is the first time a person appears in the Magistrates Court and is usually at the next available court date and time following an arrest.
- The Court Process.
- Alleged crime;
- Committal proceedings (Magistrates courts).
The DECS is the hearing by which the Prosecution must file all witness statements and other evidentiary material relevant to the criminal matter before the court. This can take time in more complex cases and may involve the court listing more than one DECS hearing. NCS involve submissions legal arguments by the Defence Lawyer that the opposing party Prosecution has no evidence, or lacks sufficient evidence, for the matter to progress to a Trial. A successful NCS results in the end of the criminal matter and the release of the accused person.
Here a witness for the Prosecution may be asked to give limited evidence in person on the statement they gave to Police. The legislation specifically deals with:. For more information on this topic refer to the Information Fact Sheet: At these hearings, relevant issues pertaining to the trial are discussed and a date for TRIAL will normally be set.
This will involve telling the court what happened in response to questions from both the Prosecutor and Defence Lawyer.