perth district court sentencing

A loop induction service is available in all courtrooms for people who have hearing difficulties. 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. The Court is open to the public. This link goes directly to Sentences. A Letter of Administration is the document issued when a person dies without a will (intestate) or where the executors cannot carry out their duties. Perth Police Court, Applications - Bastardy Laws Act, 1881-1916, Consignment 3296, AN 17: Applications from single mothers seeking child support. District Court Act 1991; Environment, Resources & Development Court Act 1993; Magistrates Court Act 1991; Youth Court Act 1993; Bail Act 1985; When Judge Zahra was a Public Defender, he used to tell clients that it was important to bring the plane down on the airstrip; that is, you did not want to come in either too short or too long. Provides an index to decisions, judgements and case law from both federal and state courts. The booklet called "Judge for Yourself: A Guide to Sentencing in Australia" is published by the Judicial Conference of Australia (JCA)as a free resource to members of the public who wish to gain a better understanding of the system of sentencing offenders in Australia. A. Do not go overboard; two or three similar cases will probably suffice. Regina v Quatami NSWCCA 353. Appointments can be made by phoning the office number: 01738 620546. 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. Tay Street, These are usually read out to the offender in court. Should the applicant be denied they could appeal to the Supreme Court of the State in which they resided. As to written character references, see below.In calling character witnesses, as in most decisions in defence advocacy, less is generally more. However, it should be a decision informed by your expert advice.I normally try to present to the client the strengths and weaknesses of the case against him. An Australian man has pleaded guilty to abducting four-year-old Cleo Smith and holding her at his home for 18 days. See also records relating to thePerth Children's Court. If this application was rejected, then they could apply through the Local Court for exemption. Judge Alan Young said in sentencing this week while Yarran might have been legitimately. These include Police Courts, Local Courts, Licensing Courts, Coroners' Courts and Children's Courts. Maximum and Minimum penalties are often fixed by various Acts to particular crimes. Ahmad v Regina [2006] NSWCCA 177 esp. Confiscation is the seizure of goods from an offender. 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. You may be trying to access this site from a secured browser on the server. A 28-year-old was sentenced in Brisbane District Court on Wednesday for his "predatory and callous" abuse. Regina v Bourchas (2002) 133 A Crim R 413 esp. Minor criminal offences, known as 'simple offences', are dealt with in the Magistrates Court. 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. If the sentence is imprisonment, the court will decide if there is a good reason to suspend the sentence. Full access for any wheelchair users or persons with prams/pushchairs is available via a ramp adjacent to the front entrance of the building on Tay Street. This might be the case for young first time offenders with reasonable prospects of rehabilitation. Regina v Totten [2003] NSWCCA 207 and 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). Similarly if there is anything about the client's history, or about the facts of the offence itself, which appears to raise psychiatric issues, I would suggest obtaining a report from a psychiatrist.If there is anything about the client which suggests that he is suffering from an intellectual disability, I would suggest obtaining a report from a psychologist. 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 Supreme Court did not relinquish responsibility in this area until after the State Family Court Act of 1976 came into effect. By clicking on the following link, you will leave the Supreme Court website and be taken to the eCourts Portal of Western Australia which hosts the Court's decisions. One important reason for this is that very often clients who have just been sentenced are very unclear about what sentence they have received. The Central Law Courts initially housed both the Perth District Court registry and the lower courts, . I certainly don't believe in writing or drafting an answer for the client to the contrition question.If your client has been doing well in custody since the date of the offence, make sure he gives evidence about that. 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. Mon - Thurs 09.00 - 17.00, Fri 09.00 - 16.30. The Supreme Court of Western Australia was given jurisdiction in matrimonial causes by the Divorce and Matrimonial Causes Act of 1863. Below are links to information about the District Court. It follows that sentencing is an extremely important of the work of any criminal lawyer.The focus of this paper is the practicalities of sentencing, rather than an academic approach.Obviously many of our clients are women, and many District Court judges are women. 1.10pm on Dec 23, 2020. For example, private property or drugs may be confiscated. They are usually available within 24 hours of delivery, where possible. Includes both recent and historical sources. Is the sentence going to be effective? The court also hears appeals from cases decided in the Magistrates Court and disputes involving amounts between $150,000 and $750,000. It is better to have one or two good character witnesses rather than a gaggle of less persuasive witnesses. Others, like New Jersey, only provide Superior Court cases. You may, however, wish to draw the judge's attention to the fact that in Commonwealth matters, the normal range for the proportion of the non-parole period to the head sentence is 60 to 66 and two-thirds %: see This assists your oral submissions by giving them a structure. If you require more than 28 days, you should contact the Fines Enforcement and Recovery Unit. See the links in the panel on the left. 03-n0-00. Sentences of imprisonment can be suspended where the court considers this appropriate and prisoners can apply for parole once they become eligible. These include Police Courts, Local Courts, Licensing Courts, Coroners' Courts and Children's Courts. Sentences On arrival please report to the main reception desk in the building through the front door and turn to the immediate right. Probably the easiest way of doing this is through having a psychiatric or psychological report which you can tender. The 7 volumes of the Historical records of Victoria contain many extracts from the Melbourne and Geelong court registers for the 1830s and 1840s. See the links in the panel on the left. Purchase. They comprise: The Supreme Court deals with serious indictable offences that breach State laws. In South Australia, sentencing is the task of a sentencing judge or magistrate in a: When determining the sentence, the court must follow precedents and laws set by State Parliament such as theCriminal Law (Sentencing) Act 1988. Regina v Palu (2002) 134 A Crim R 174 at para [21] and Picture: Nine GPO Box 1068 Adelaide SA 5000 enquiry@courts.sa.gov.auReturn to Top, Environment, Resources and Development Court, other offences that are to be taken into account, whether or not the offence is part of a pattern of behaviour of similar criminal acts, any injury, loss or damage resulting from the offence, the degree to which the offender has shown contrition or made reparation for the offence, whether or not the offender has pleaded guilty to the offence, the degree to which the offender has cooperated in the investigation of the offence, the need to protect the community from the offenders criminal acts, the deterrent effect that a sentence may have on the offender or other people, the need to ensure that the offender is adequately punished for the offence, the character, past history, age, financial situation and physical or mental condition of the offender, the probable effect of the sentence on dependants of the offender, Legal Practitioners Education and Admission Council (including admissions). 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. With very young offenders, childhood traumas are very significant. This is a 5 minute walk from the Courthouse. Perth, Uniform Civil Rules and Forms 2020; Joint Criminal Rules and Forms 2022; Uniform Special Statutory Rules 2022; . Assistance to the authorities and nature of imprisonment6. Prosecutors and defence lawyers may also seek pre-sentence reports to present to the court before the court decides on the sentence. Tammy Cherie Kingdon, partner of Finks member Troy Mercanti, was due to be sentenced in the Perth District Court after she was found guilty on four counts of stealing and one count of property . The Court of Criminal Appeal has stressed the importance of having actual evidence of the conditions of custody of an offender serving a sentence in protection in cases such as They listen to the prosecution and to the defence and choose from a range of sentences. Banner images: Image 1 retrieved from Pixabay. Travis McMichael . 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. 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 I try to set out the advantages and disadvantages of pleading guilty. Following the proclamation of the Supreme Court Ordinance in 1861, the functions and records of the Civil Court were transferred to the newly created Supreme Court. When it is ready, a justice of the peace (JP) or a court officer will explain the conditions of the bond or order to you, and then you and the JP/court officer must sign it. Image 3 retrieved from SBS. Record4. 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. It is probably unnecessary to serve character references before the day of the hearing (unless they are very lengthy) but give a copy to the prosecution as early as you can on the day of the sentence hearing to give the prosecution a chance to read them. Subjective Features5. 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. McKenna, 68, was sentenced in the Perth District Court on Monday to an additional nine years' jail to be served accumulatively with his July 2011 sentence of six years and four months for similar . Decisions & PublicationsCriminal DecisionsSentencing Guide. 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. 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. 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. However the NSW Court of Criminal Appeal has held in 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. 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. Edwards shows no emotion as sentence handed down . For Western Australian courts, selected sentencing remarks are available on the Supreme Court and District Court websites. Offenders then sign a bond under which they promise to be of good behaviour for a set period of time and to comply with the conditions set out in the bond or promise. Given the nature of the charges dealt with in the District Court, for the most part a sentence other than a full-time custodial sentence is not a realistic possibility, so for the most part I would not recommend seeking a pre-sentence report.Of course a background report must be obtained before a child is dealt with by way of a control order (s. 25 Court users and members of the public can get copies of judgments and sentencing remarks handed down by the Supreme Court of Western Australia. Criminal Procedure Act 2004. Most of the offences . Compensation is a payment designed to make amends for personal injury, death, or damage to or loss of property. The WRVS run a snack bar service on the ground floor from 9.30am until 12 noon. Plea of guilty3. Various bus companies operate service to and from Perth, please check local timetables or check Traveline Scotland website via the link below or alternatively call them on 0871 200 2233. 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 Grants of Probate and Letters of Administration for the period 1832-1947. If the offence is high in objective gravity, acknowledge this at an early stage, to avoid the sort of unhelpful judicial interruption along the lines of 'But this is a very serious offence, Mr Stratton. Regina v Henry assumed a late plea: see This offence can be regarded as being towards the lower end of that hierarchy of seriousness.2. 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. Sign and date. Versions of this Act (includes consolidations, Reprints and "As passed" versions) 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. Regina v Thomson & Houlton (2000) 49 NSWLR 383.The offender expressed his contrition to the psychologist Mr Tinker and it is anticipated he will express his contrition in evidence today. We pay our respects to all members of the Aboriginal communities and their cultures; and to Elders both past and present. The Sentencing Act WA. Imagereproduced with permission fromStu's Views: Law & Lawyer Cartoons http://www.stus.com. 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. Cultural Immersion Program - Judges Visit the Kimberley 2022, Appointment of Registrars Tania Jeyamohan and Samuel Nunn, Public Holiday on 22 September - National Day of Mourning, Her Honour Judge Linda Black Welcome Ceremony on 10 August 2022. Magistrates Court Restraining Orders Appeals. In many of these applications the judge will deliver oral reasons for decision and will not publish written reasons. Why a minimum sentence of three years for a bashing rather than, say, ten years? This service is NOT available during actual court proceedings. the District Court of Western Australia. Probate and Letters of Administration records are name-searchable on the State Records Office catalogue. These sentencing remarks are often published on Australian court websites. Records relating to various Resident Magistrates may also be located through the listings at the hardcopy AN 17 finding aid available at the State Records Office oronlineunder the name of the required Magistrate's district. 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. Children (Criminal Proceedings) Act). Range of sentencesIn the guideline judgment of Rules and forms. However, on occasion the judge will publish written reasons for decision. Ultimately, if there is an irreconcilable difference over the facts, the solution may be to have a contested hearing on the facts in which prosecution witnesses and your client will have to give evidence. May 1, 8, 29 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. Read More June 22, 2022 Aggravated Common Assault In regional courts the matter will be transferred to the nearest Magistrates Court that has a District Court Circuit. The booklet tries to explain in broad terms what courts do in the sentencing process and why they do it. It has a membership of some 600 judges and magistrates, and is a non-profit organisation largely funded by its members. Home However, normally taking this step is a last resort, because having an unsuccessful factual dispute will erode the benefit which your client would otherwise get from his plea.The client's recordAlways have your client check what the Crown intends to tender as your client's criminal history. Other Courthouses - over 100 courthouses located throughout the metropolitan and country areas of Western Australia. Jaycob Yarran, 25, has been sentenced to five years for putting toddler's hands in boiling water. If there are agreed facts the Crown should not tender material in the brief inconsistent with the agreed facts: see Court users and members of the public can get copies of sentencing remarks handed down by the Supreme Court of Western Australia. 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. By Reporter. 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 Regina v Falls [2004] NSWCCA 335 at para [39]. PERTH WA 6000 Telephone: (08) 9425 2222 Facsimile: (08) 9425 2776 Email: PerthMagistratesCourt@justice.wa.gov.au GPO Box C127 PERTH WA 6839 Building hours: Monday to Friday from 8:30am to 4:30pm. 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. Under Commonwealth law there is no statutory norm for the relationship between the non-parole period and the parole period. NOTE: Most Supreme Court records has a75 year restricted access period that applies to protect the privacy of persons mentioned in the records. There was no actual violence in the course of the robbery although there was of course the threat of violence and no doubt the victims of the robbery would have been very frightened.Robberies can be regarded in escalating seriousness with the carrying of a firearm, the firearm being loaded, the weapon being fired, and the weapon being aimed at someone while fired: Court users and members of the public can get copies of sentencing remarks handed down by the Supreme Court of Western Australia. During sentencing in Perth District Court on Friday morning, Judge Alan Troy said Yarran had taken out his anger on the child and used the boiling water as a weapon which had caused . District Court Act 1991; Environment, Resources & Development Court Act 1993; Magistrates Court Act 1991; Youth Court Act 1993; Bail Act 1985; January 2, 3 The District Court is an intermediate trial court placing it between the Magistrates Court and the Supreme Court in the Western Australian courts hierarchy. Judicial Officer contact details (NSW Supreme Court), Judicial Officer contact details (NSW District Court). Listen. Judges sentencing remarks from the Supreme Court and the District Court are available online (current sentencing remarks). Why a non-custodial sentence rather than imprisonment? All contents copyright Government of Western Australia. is in my opinion very unconvincing. It looks like you're using Internet Explorer 11 or older. Sentencing is a fundamental part of the criminal law. 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. Image 4 retrieved from SL Blogs. Peter Stamatopoulos was sentenced to jail for eight years. 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. The State Records Office holds the following naturalisation records for the Supreme Court: Grants of Probate (Wills) and Letters of Administration. Image 2 by UWA Library. The sentencing outcome will be recorded by the court and may be the subject of an appeal against sentence. If you plead, or have been found 'guilty' a Sentence will be handed down. If you are serving on a jury a light lunch will be provided at a local hotel nearby. The judges reasons for the sentence are given in his/her sentencing remarks. There are several restaurants close to the court house. If you require more than 28 days, you should contact theFines Enforcement and Recovery Unit. Welcome to the Magistrates Court of Western Australia. Committal Mention . Doing Right to All - 50 years of justice at A substantial amount of information about the various Resident Magistrates can be gleaned from their correspondence to and from theColonial Secretary's Office. The parole period case for young first time offenders with reasonable prospects rehabilitation. The WRVS run a snack bar service on the ground floor from 9.30am until 12.!, judgements and case law from both federal and State Courts if you,! Thefines Enforcement and Recovery Unit published on Australian Court websites will publish written reasons for decision and will publish! Membership of some 600 judges and Magistrates, and is a good reason to suspend the sentence #... Peter Stamatopoulos was sentenced in Brisbane District Court ) fixed by various Acts to particular crimes to... Throughout the metropolitan and country areas of Western Australia was given jurisdiction in matrimonial causes of! 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