Decisions & PublicationsSentences. 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. In particular, the expert should be briefed with the facts and if possible your client's record. That is quite different to the Local Court where in general the client is not called. 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. This link goes directly to Sentences. If you receive a good behaviour bond or a community service order, you will have to wait while the appropriate paperwork is prepared. PH2 8NL, If you want to contact us using text relay please follow the guidance at this link - the Next Generation Text Service. 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. If you require more than 28 days, you should contact the Fines Enforcement and Recovery Unit. Please note that Sentencing Remarks only remain on the eCourts Portal for 28 days. 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. It has been held that if no direction is made, the common law rules of evidence apply if there is a dispute: A non-parole period is the amount of time the offender must serve before being considered for release on parole. It has a membership of some 600 judges and magistrates, and is a non-profit organisation largely funded by its members. This booklet attempts to provide answers to some of the many questions people have about how sentencing occurs in Australia. Mining and Police Registries (PDF) Saturday and Sunday Courts - Perth A Grant of Probate is the official proving of a Will. NOTE: Restricted access conditions apply to certain Court records. For more information see the contactSCOTLAND website. In some criminal cases the trial of an accused person is conducted before a judge alone in the absence of a jury. The State Records Office holds the following naturalisation records for the Supreme Court: Grants of Probate (Wills) and Letters of Administration. You may be trying to access this site from a secured browser on the server. 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. Perth Local Court, Plaints and Minutes, 1864-1971, AN 17 (pre 1914) &. The Court must give equal weight to each part of the Criminal Law (Sentencing) Act, only then can the sentence be delivered, with imprisonment as a last resort. If you want to know the penalty you are likely to get in your particular situation, you should get legal advice. If you are attending for Jury service please have your citation information readily available when checking in at front entrance reception and you will directed to the appropriate court. Children (Criminal Proceedings) Act). Magistrates Court Restraining Orders Appeals. The Supreme Court was created in 1861 as the result of the amalgamation of the Court of General Quarter Sessions and the Civil Court of Western Australia. Perth Railway Station is located on Leonard Street which is approximately a 10 minute walk from the Courthouse. 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'. The Central Law Courts initially housed both the Perth District Court registry and the lower courts, . The JP Court is dealt with by a Justice of the Peace, a Legal Advisor and a Clerk. 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. 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. Government of Western Australia 2017 to 2023, Building, utilities and essential services, Facilities, fleet and equipment management, State Records Office of Western Australia, Cause Lists of Appeals, 1919-1940, Series 189, Register - Appeals from other Courts, 1903-1931, Series 190, Bankruptcy Files (under various Bankruptcy Acts), 1871-1928, Series 54, Files - Civil Writs, 1832-1945, Series 201, Registers - Actions Remitted from Local Courts, 1931-1955, Series 163, Register of Applications for Exemption from Military Services, 1916-1955, Series 121, Conscientious Objectors Files, 1916-1955, Series 125, Records of Conviction, 1866-1909, Series 272, Registers - Criminal Record Books, 1830-1982, Series 49, Criminal Indictment Files, 1830-1974, Series122, Register of Maintenance Order, 1947-1966, Series 197, Naturalisation Certificates, 1871-1903, Series 61, Naturalisation Registers, 1871-1903, Series60, Registers - Grants of Letters of Administration, 1832-1947, Series 57, Registers - Grants of Probate, 1832-1947, Series 56, Administration Files, 1832-1947, Series 59, online under the name of the required court, searching under the name of the required court, Albany Courthouse, Reports - Coronial Inquests, 1864-1875, Series 1646, Consignment 348, Items 131-134, Bridgetown Clerk of Courts, Letterbook - Outward Letters, 1902-1903, Series 1370, Consignment 5060. Other matters. Purchase. Regina v Totten [2003] NSWCCA 207 and Precedents are decisions made in past trials for similar crimes. If you want to pay your fine or would like information and advice please visit our Pay a Fine page. Sentencing resources Australian Current Law - Reporter Lexis Advance Supreme Court of WA. If the offender is sentenced to imprisonment, the court will set a non-parole period. I try to set out the advantages and disadvantages of pleading guilty. October 2 See the links in the panel on the left. An Australian man has pleaded guilty to abducting four-year-old Cleo Smith and holding her at his home for 18 days. 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. Magistrates Court Restraining Orders Appeals, Judge for Yourself: A Guide to Sentencing in Australia. This means that a court or tribunal is bound by any decisions of a higher court or tribunal. We pay our respects to all members of the Aboriginal communities and their cultures; and to Elders both past and present. 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. Information on this site is provided for research and public information purposes. In addition, and depending on the result, you may want to either advise the client of his right of appeal, in one situation, or on the other hand you might want to tell your client to thank his lucky stars.John Stratton SCDeputy Senior Public Defender10 September 2007, REGINA v SMITH The types of records created by these Courts include plaint files, correspondence, minute books, evidence books, summonses, licence registers, charge books and execution books to name a few. 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. 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. Often the court will refer to the Commonwealth Crimes Act or the Criminal Law Consolidation Act. The prison sentence which your Honour will impose will be the first prison sentence which he will serve. Perth District Court judge Carmel Barbagallo slammed Rohit 'John' Mehta and Manmohit 'Mo' Singh as 'weak' as she jailed them for more . . In that way your outline of submissions can assist the sentencing judge to structure the remarks on sentence.I try to order the submissions in the same order as the judge might approach sentencing, something like this:1. If you receive a fine, costs or any other type of monetary penalty, you will automatically have 28 days to pay the amount due. 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. 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. The District Court deals with serious criminal offences including serious assaults, sexual assaults, serious fraud and commercial theft, burglary and drug offences. The JCA is the national representative body for Australian judicial officers. Court lists change to suit the needs of the day. The State Records Office holds discrete collections of records that were created by Resident Magistrates for the following areas: Albany, Augusta/Vasse, Busselton, Cue, Camden Harbour and Roebourne. OUTLINE OF SUBMISSIONS ON BEHALF OF THE OFFENDER, 1. You must lodge your appeal with the Higher Court, not with the Court that heard your matter. Last updated: 1-Mar-2019. Welcome to the Magistrates Court of Western Australia. Coronial inquests that have survived can generally be located through the records of the relevant local court house or local police station that have been transferred to the State Records Office. 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. December 4, 25, 26. 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. Image 5 retrieved from Wikimedia. Regina v Durocher -Yvon [2003] NSWCCA 299. The Perth Drug Court deals with offenders who have committed offences and have drug related problems. Attorney General's Reference No. A loop induction service is available in all courtrooms for people who have hearing difficulties. The sentencing process is at the very core of the criminal justice system. 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. Parole is the release of a prisoner on certain conditions for the remainder of his/her sentence. 122 search results for perth. These include Police Courts, Local Courts, Licensing Courts, Coroners' Courts and Children's Courts. Following a plea of guilty you will be sentenced and, in most cases, the offence will go on your criminal record. Clearly sign and date the character reference and include your contact details. The decisions are hosted on the eCourts Portal of Western Australia. Perth, A pregnant mother of two could be sent back to jail just weeks after being released from custody after prosecutors made an application for her to be placed back behind bars on remand. If it is a bond with supervision, or a community service order, you must usually report within two working days to the Department for Correctional Services. However, it is significant that these matters are the first offences of this type.4. 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: Court users and members of the public can get copies of judgments and sentencing remarks handed down by the Supreme Court of Western Australia.