Not Guilty Plea

In criminal matters, you will be required to enter a plea of guilty or not guilty for each of your charges.

Entering a Plea of Not Guilty

If you choose to plead not guilty in a criminal matter, we will advise you about what evidence the Police have against you and the likelihood of your success at a Contest. Depending on their evidence, Police may withdraw the charges against you prior to the matter reaching a hearing.

At the hearing, the Magistrate (at Summary Jurisdiction) or a Judge and Jury at trial (indictable Jurisdiction) may find there is insufficient evidence against you and acquit you of the charges.

However, if there is sufficient evidence to establish the charges, the Magistrate or jury will make a finding of guilt against you. The Magistrate or Judge will then sentence you upon that finding.

Sentence Considerations upon a finding of guilt

The Court will consider the following during Sentencing:

  • Responsibility and participation in the offending;
  • Personal Circumstances;
  • Criminal History;
  • Victim Impact Statement
  • Principles of Sentencing

At Hutchinson Legal, we strive to provide you with advice with regards to your matter and the most likely sentence at either a plea or at contest.

Meet our lawyers

Grant Hutchinson

Telephone (+61 3) 9870 9870
Fax (+61 3) 9870 5704
Email Grant Hutchinson