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. 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 following are examples of Supreme Court records relating to criminal cases held by the Records Office: Criminal cases between 1830 and 1941 and that were heard at the CivilCourt / Supreme Court are also searchable via The Prosecution Project website (Griffiths University). 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. Banner images: Image 1 retrieved from Pixabay. A Grant of Probate is the official proving of a Will. 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. Attorney General's Reference No. Probably the easiest way of doing this is through having a psychiatric or psychological report which you can tender. 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. 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. 1 of 2002 (2002) 56 NSWLR 146 that the effect of putting matters on a Form One is to give them 'significantly lower salience', so it is now in your client's interests to get matters put on a Form One.If possible, attempt to negotiate agreed facts. There are several restaurants close to the court house. No. At the time an offender is sentenced in court a judge states, either orally or in writing, the reasons why a particular sentence is passed on an offender. Following a plea of guilty you will be sentenced and, in most cases, the offence will go on your criminal record. Regina v Quatami NSWCCA 353. The District Court deals with serious criminal offences including serious assaults, sexual assaults, serious fraud and commercial theft, burglary and drug offences. They create sentencing principles which courts must follow. 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. 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. If the Crown is going to object to a report, it is far better for you to know in advance, so at least you can attempt to have the expert available for cross-examination.If possible, have your client read over the report before it is tendered to make sure that it is factually accurate. Evidence Act does not apply to sentence proceedings.This leaves sentencing procedure in a curious position. I always try to prepare for a conference in the same way that I might prepare for a hearing. The decisions are hosted on the eCourts Portal of Western Australia. Civil - Ordinary Actions No cases allocated of this type Simple Procedure No cases allocated of this type Summary Cause No cases allocated of this type Small Claims . The first and most important thing to check is that your client's version of the offence in the report is consistent with a plea of guilty. If there was an early plea, this should be referred to.RecordIf the offender has no or a limited record, this should be referred to. 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. If you receive a fine, costs or any other type of monetary penalty, you will automatically have 28 days to pay the amount due. at para [55].It is clear that for the prosecution to establish an aggravating factor, the onus is on the prosecution to establish that aggravating factor beyond reasonable doubt, but for the offender to establish a mitigating factor, proof only has to be on the balance of probabilities: 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. 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 12. In regional courts the matter will be transferred to the nearest Magistrates Court that has a District Court Circuit. The difficulty from the defence perspective with pre-sentence reports is that once the report is ordered you have no control over whether the report is going to be before the court or not. A sentence is the penalty for committing a crime. Decisions & PublicationsCriminal Decisions. District Court Act 1991; Environment, Resources & Development Court Act 1993; Magistrates Court Act 1991; Youth Court Act 1993; Bail Act 1985; District Court Act 1991; Environment, Resources & Development Court Act 1993; Magistrates Court Act 1991; Youth Court Act 1993; Bail Act 1985; Magistrates Court Restraining Orders Appeals, Judge for Yourself: A Guide to Sentencing in Australia. Range of sentences for this Offence7. It is a sentence of last resort and must only be imposed where no lesser penalty is appropriate. Judges usually do not like being told that the range of sentence for this offence is between 6 and 7 years. The man - a school friend of the boy . With very young offenders, childhood traumas are very significant. If you require more than 28 days, you should contact the Fines Enforcement and Recovery Unit. Welcome to the Magistrates Court of Western Australia. The responsibility of customs, for example, was transferred to the Commonwealth soon after Federation in 1901. Crimes (Sentencing Procedure) Act. The State Records Office holds the Grants of Probate and Letters of Administration for the period 1832-1947. These include Police Courts, Local Courts, Licensing Courts, Coroners' Courts and Children's Courts. See the links in the panel on the left. Dal Amone's application for . Should the applicant be denied they could appeal to the Supreme Court of the State in which they resided. The Magistrates Court deals with adults, aged 18 or over, required to appear in court after being charged with a criminal offence. 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. 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. 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. 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. The files associated with Probate and Administration are amongst the most heavily accessed of archival recordsand are essential documents for anyone researching their family history. NOTE: Restricted access conditions apply to certain Court records. All day metered parking is available at the South Inch car park, this is a 5 minute walk from the court house. January 2, 3 We hope you find the site interesting and informative. Attorneys Justice 101 Sentencing A few months after the defendant is found guilty, they return to court to be sentenced. Such factors might include youth, good prospects of rehabilitation, being on protection, and so on.Different considerations arise in Commonwealth sentencing matters. Assistance to the authorities and nature of imprisonment6. Also useful are the records of the various Licensing Courts which provide information on people applying for different types of licenses such as liquor, sandalwood, timber, dog, cart, billiards, confectioners, board and lodging, firewood, pawnbroker, hawkers, pearling, etc. Sentencing; Youth Court; Rules, forms & fees. 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. If you receive a good behaviour . These can be useful, but the courts have stressed the limitations of this material: see for example 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. A fine is a sum of money that a court orders an offender to pay. 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. All rights reserved. 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. I acknowledge that sometimes this is difficult, particularly when a semi-literate client is attempting to read a report full of complex jargon. 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. The Magistrate will find out if all parties are ready for . The State Records Office holds court records from: Most of these historical records date from the 1830s until the 1940s (a small number of Court records extend through to the 1980s). A substantial amount of information about the various Resident Magistrates can be gleaned from their correspondence to and from theColonial Secretary's Office. The National Center for State Courts' website provides links to civil and criminal case databases for all states, although this is where the consistency ends.Some states, such as New Mexico, include municipal, magistrate and district court cases. If you receive a fine, costs or any other type of monetary penalty, you will automatically have 28 days to pay the amount due. 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. 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. Regina v Vougdis (1989) 41 A Crim R 125. 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. 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. A significant component of the State Records Office collection is comprised of historical records created by the various Western Australian legal courts. Then deal with the offence itself, and any expression of remorse the client can make. 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. A loop induction service is available in all courtrooms for people who have hearing difficulties. A constant process of monitoring and up-dating the system is necessary. 737 total criminal hearings, including both sentencing hearings and trials, were heard in the Circuit courts in 2019. There is also a Children's Drug Court available for minors. All contents copyright Government of Western Australia. Metropolitan Courthouse records held by the State Records Office can be traced through the listings in the hardcopy AN 17 finding aid available at the State Records Office oronline under the name of the required court. 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. All of these locations are approximately a 10 minute walk from the Courthouse. 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. For Western Australian courts, selected sentencing remarks are available on the Supreme Court and District Court websites. Until 1832, there were no legal means of dealing with the estates of deceased persons in Western Australia. 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. 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2022-11-07