If you have been accused of a crime and are awaiting sentencing, it is crucial to have an experienced and trusted sentencing lawyer on your side. The team at James & Jaramillo have successfully represented many clients in sentencing hearings. We understand the complexities of the law and will work tirelessly to achieve the best possible outcome for you.
We will consider the specific circumstances of your case and argue for a fair and just sentence.
We understand that the stakes are high. If you have been found guilty of an offence or pled guilty to an offence, you are likely awaiting a sentencing hearing to determine your penalty. An unfavourable outcome can result in losing your liberty and freedom if your case is left unrepresented by professional sentencing lawyers.
A sentencing hearing is a hearing that occurs after you, the offender, is convicted of an offence. On the day after the trial or summary hearing, the sentencing hearing will appear before the judge or magistrate to sentence the offender and determine their ultimate penalty.
Although a sentencing hearing occurs after the main trial or hearing, it has severe implications. Maximum penalties can significantly impact an offender’s life by forcing them to pay high monetary amounts or even imposing a lengthy term of imprisonment.
Luckily, our highly experienced criminal defence lawyer team, James & Jaramillo, know how to handle sentencing hearings. We can assure you that when you retain us, you will have the highest quality of representation in Sydney.
A judge or magistrate may impose a wide range of potential penalties at a sentencing hearing for a criminal offence. These possible sentencing outcomes include:
While these potential penalties may seem daunting, we urge you not to fret. Strong legal representation makes it possible to obtain much less severe penalties.
In some scenarios, the judge or magistrate will have the discretion to decide against entering a conviction entirely against you and will only require a good behaviour bond as your penalty, meaning that they will dismiss your claim without penalty.
Alternatively, suppose you are sentenced to a fine, community service, or probation. In that case, the court will have the discretion to decide against recording the conviction.
Under section 10 A, upon certain circumstances, the judge or magistrate may order that the conviction be recorded but that no other penalties be imposed upon you.
Don’t wait! Call our Sydney criminal lawyers at James & Jaramillo today to ascertain the potential outcomes of your sentencing hearing. Then, allow us to fight for the best possible sentence available.
At James & Jaramillo, we ensure quality criminal representation. We understand the implications that criminal charges pose to an offender’s life. When you retain us, you can be assured that your sentencing lawyer will fight for you.
Contact our team of Sydney sentencing lawyers now. Leave your case to us.
(02) 8005 3075
As the best sentencing lawyers in Sydney, our team at James & Jaramillo provide high-quality and cost-effective services.
When you hire us, we assure you that your case will be zealously represented and handled with care. Don’t wait! Organise your free consultation now! (02) 8005 3075
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Yes! If you are unsatisfied with the penalty imposed at the sentencing hearing, you can appeal your sentence in the Local Court to the District court. You must file this appeal within 28 days of receiving the decision or with leave of court.
If your sentencing hearing was heard in the District or Supreme Court, it would be possible for you to appeal your sentence to the Court of Criminal Appeal, which also must be initiated within 28 days of the previous decision being heard. If this appeal is filed after the deadline, you must file an application explaining the reasoning for your delay.
Potentially. In certain situations, you may be required to disclose your conviction & criminal record on official documents, typically for ten years following the sentence, so long as the past offender has not been convicted of another subsequent offence.
We urge you to call our lawyers today to determine if you must declare your conviction.
Section 3A Crimes (Sentencing Procedure) Act 1999 proves the purposes of sentencing that a decision maker must take into account:
“The purposes for which a court may impose a sentence on an offender are as follows–
(a) to ensure that the offender is adequately punished for the offence,
(b) to prevent crime by deterring the offender and other persons from committing similar offences,
(c) to protect the community from the offender,
(d) to promote the rehabilitation of the offender,
(e) to make the offender accountable for his or her actions,
(f) to denounce the conduct of the offender,
(g) to recognise the harm done to the victim of the crime and the community”.
In addition, the presiding Magistrate or Judge must also consider the objective seriousness of the offence and any aggravating or mitigating factors.
What are aggravating or mitigating factors?
Section 21A Crimes (Sentencing Procedure) Act 1999 outlines aggravating, mitigating and other factors in sentencing:
In determining the appropriate sentence for an offence, the court is to take into account the following matters–
(a) the aggravating factors referred to in subsection (2) that are relevant and known to the court,
(b) the mitigating factors referred to in subsection (3) that are relevant and known to the court,
(c) any other objective or subjective factor that affects the relative seriousness of the offence.
The matters referred to in this subsection are in addition to any other matters that are required or permitted to be taken into account by the court under any Act or rule of law.
(2) Aggravating factors
The aggravating factors to be taken into account in determining the appropriate sentence for an offence are as follows–
(a) the victim was a police officer, emergency services worker, correctional officer, judicial officer, council law enforcement officer, health worker, teacher, community worker, or other public official, exercising public or community functions and the offence arose because of the victim’s occupation or voluntary work,
(b) the offence involved the actual or threatened use of violence,
(c) the offence involved the actual or threatened use of a weapon,
(ca) the offence involved the actual or threatened use of explosives or a chemical or biological agent,
(cb) the offence involved the offender causing the victim to take, inhale or be affected by a narcotic drug, alcohol or any other intoxicating substance,
(d) the offender has a record of previous convictions (particularly if the offender is being sentenced for a serious personal violence offence and has a record of previous convictions for serious personal violence offences),
(e) the offence was committed in company,
(ea) the offence was committed in the presence of a child under 18 years of age,
(eb) the offence was committed in the home of the victim or any other person,
(f) the offence involved gratuitous cruelty,
(g) the injury, emotional harm, loss or damage caused by the offence was substantial,
(h) the offence was motivated by hatred for or prejudice against a group of people to which the offender believed the victim belonged (such as people of a particular religion, racial or ethnic origin, language, sexual orientation or age, or having a particular disability),
(i) the offence was committed without regard for public safety,
(ia) the actions of the offender were a risk to national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004 of the Commonwealth),
(ib) the offence involved a grave risk of death to another person or persons,
(j) the offence was committed while the offender was on conditional liberty in relation to an offence or alleged offence,
(k) the offender abused a position of trust or authority in relation to the victim,
(l) the victim was vulnerable, for example, because the victim was very young or very old or had a disability, because of the geographical isolation of the victim or because of the victim’s occupation (such as a person working at a hospital (other than a health worker), taxi driver, bus driver or other public transport worker, bank teller or service station attendant),
(m) the offence involved multiple victims or a series of criminal acts,
(n) the offence was part of a planned or organised criminal activity,
(o) the offence was committed for financial gain,
(p) without limiting paragraph (ea), the offence was a prescribed traffic offence and was committed while a child under 16 years of age was a passenger in the offender’s vehicle.
The court is not to have additional regard to any such aggravating factor in sentencing if it is an element of the offence.
(3) Mitigating factors
The mitigating factors to be taken into account in determining the appropriate sentence for an offence are as follows–
(a) the injury, emotional harm, loss or damage caused by the offence was not substantial,
(b) the offence was not part of a planned or organised criminal activity,
(c) the offender was provoked by the victim,
(d) the offender was acting under duress,
(e) the offender does not have any record (or any significant record) of previous convictions,
(f) the offender was a person of good character,
(g) the offender is unlikely to re-offend,
(h) the offender has good prospects of rehabilitation, whether by reason of the offender’s age or otherwise,
(i) the remorse shown by the offender for the offence, but only if–
(i) the offender has provided evidence that he or she has accepted responsibility for his or her actions, and
(ii) the offender has acknowledged any injury, loss or damage caused by his or her actions or made reparation for such injury, loss or damage (or both),
(j) the offender was not fully aware of the consequences of his or her actions because of the offender’s age or any disability,
(k) a plea of guilty by the offender (as provided by section 22 or Division 1A),
(l) the degree of pre-trial disclosure by the defence (as provided by section 22A),
(m) assistance by the offender to law enforcement authorities (as provided by section 23),
(n) an offer to plead guilty to a different offence where the offer is not accepted, the offender did not plead guilty to the offence and the offender is subsequently found guilty of that offence or a reasonably equivalent offence (this circumstance, among others, is provided for by section 25E (1)).
Unless it is a fine only offence (you can receive a non-conviction for fine only offences) then the below sets out all the possible sentencing outcomes: