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. Appointments can be made by phoning the office number: 01738 620546. However it is useful to have the client check the report because it is very easy for a misunderstanding between the expert and your client to lead to errors being made in the report.Wherever possible, have a working copy of the report available to hand up to the judge. You will then be placed under the supervision of an officer from that department, and must obey all of their instructions as to fulfilling the obligations of the bond or community service order. Your aim is to leave the prosecutor with nothing to say (or at least nothing to say which is not repetitive of what you have already said or irrelevant).Be careful what you wish for. The Magistrates Court of Western Australia has multiple registries located around the State to deal with: Criminal - offence-based matters; and. They are usually available within 24 hours of delivery, where possible. The JCA is the national representative body for Australian judicial officers. If you receive a fine, costs or any other type of monetary penalty, you will automatically have 28 days to pay the amount due. 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. This might be the case for young first time offenders with reasonable prospects of rehabilitation. Western Australia. Frankly, a strong argument for obtaining such a report is that at the end of the day, for whatever reason, you are unable to call your client, at least you will have some means of putting a subjective case before the sentencing judge.The next question is whether it is better to obtain a report from a psychiatrist or a psychologist.If there are issues about violence or dangerousness to the community (particularly in sexual matters), I think it is preferable to obtain a report from a psychiatrist. Shocking CCTV footage of a one-punch assault at Perth's Amplifier Bar in January has been released by the Perth District Court. All rights reserved. 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. Minor criminal offences, known as 'simple offences', are dealt with in the Magistrates Court. 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 Court is open to the public. Regina v Bloomfield (1998) 101 A Crim R 404. 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. Do not brief your expert with psychiatric or psychological reports which you do not intend to use in court. Confiscation is the seizure of goods from an offender. 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. At a Committal Mention the DPP will have taken carriage of the prosecution from the Police. No. A. If your client is drug addicted, and you have a record showing that he has not been charged with having drugs in his urine tests, lead evidence from him about that fact, and the number of random urine tests he has been required to give.If your client is in some form of protection, get him to give evidence about the conditions of his custody. Rahul Goel was sentenced in Perth District Court on 13 December to three years in prison, to be released after 18 months upon entering a $5,000 recognisance to be of good behaviour for two years. The Court is located on Tay Street, near the Queens Bridge, close to the town centre and accessible by public transport. Kununurra, and South Hedland, which hear predominantly criminal trials. This service is NOT available during actual court proceedings. A sentence is the penalty for committing a crime. All rights reserved. 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. 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 . Usually factors which might call for a variation in the statutory proportion are the need for the offender to have a longer period of supervision in the community, or because the conditions of the offender's imprisonment will be particularly harsh: Jaycob Yarran, 25, has been sentenced to five years for putting toddler's hands in boiling water. May 1, 8, 29 Sign and date. Precedents are decisions made in past trials for similar crimes. 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. December 4, 25, 26. Court users and members of the public can get copies of sentencing remarks handed down by the Supreme Court of Western Australia. By clicking on the following link, you will leave the Supreme Court website and be taken to the eCourts Portal of Western Australiawhich hosts the Courts decisions. These extracts give the name of the offender, their offence, and the punishment given. The Courts are open to the Public. 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. Unless a suppression order is made, the written reasons for decision will be available online. In many of these applications the judge will deliver oral reasons for decision and will not publish written reasons. 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. Evidence Act does not apply, do the common law rules apply, or are there no rules? Trevor Ramsey Phillips, 37, of Stafford in Brisbane's north, faced the District Court on Tuesday for sentencing having earlier pleaded guilty to one count of assault occasioning bodily harm. Peace signings are available by appointment. Provides an index to decisions, judgements and case law from both federal and state courts. 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. The District Court also determines civil claims up to $750,000 and has unlimited jurisdiction in claims for damages for personal injury.More information can be found on the About the Court page. Regina v Welsh (1996) 90 A Crim R 463. NRL player Talatau Junior Amone and his father Talatau Dal Amone faced court charged over an alleged assault. Decisions & PublicationsCriminal Decisions. Dal Amone's application for . Timetable information can be obtained from Scotrail or National Rail Enquiries via the following link. Perth Sheriff Court House is an imposing listed building situated on the banks of the river Tay. The Criminal Law (Sentencing) Act includes the following: The court may ask for pre-sentence reports from the Department for Correctional Services, a psychologist or psychiatrist, or a specialist in a particular field. Committal Mention . The State Records Office holds records from over 100 courthouses located throughout the metropolitan and country areas of Western Australia. District Court Act 1991; Environment, Resources & Development Court Act 1993; Magistrates Court Act 1991; Youth Court Act 1993; Bail Act 1985; Evidence Act does not apply to sentence proceedings.This leaves sentencing procedure in a curious position. 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: 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. Olbrich v The Queen (1999) 199 CLR 270.Reading the briefThe most important part of preparing a sentence matter is to have a good understanding of the prosecution case. They are released, usually under the supervision of a probation officer. Please enable scripts and reload this page. Include any other matters that are considered to be relevant. In particular, it is important to establish the degree of knowledge that the witness has of your client, and what (if anything) your client has told the witness about the offence.Written character referencesNormally it is preferable to call character witnesses rather than simply tendering written character references, but this is not always possible.As with calling character witnesses, less is more. the District Court of Western Australia. U.S. Court users and members of the public can get copies of sentencing remarks handed down by the Supreme Court of Western Australia. Appointments can be made by phoning the office number:. In the majority of these cases the judge who hears the case will publish written reasons for decision. Welcome to the Magistrates Court of Western Australia. RecordThe offender has a limited record and there are some matters of violence which are of concern. 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. 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. There have been some statements of the NSW Court of Criminal Appeal to the effect that if the offender is not called, statements in these reports have limited weight: see for example 12. In this paper I will not attempt to use gender neutral terminology, because the cost in clarity is too great.Proof in Sentence ProceedingsAt the outset it may be useful to make some observations about proof in sentencing proceedings. Objective Gravity2. This means that a court or tribunal is bound by any decisions of a higher court or tribunal. See also records relating to thePerth Children's Court. Selected examples of regional courthouse records held by the State Records Office include the following: The Perth Children's Court was originally set up under the State Children's Act 1907 and operated within the City of Perth precinct. Purchase. Do not go overboard; two or three similar cases will probably suffice. He or she usually has to return to prison, serve out the rest of the original sentence and do extra time for breaching the bond. Range of sentences for this Offence7. These are usually read out to the offender in court. Under Commonwealth law there is no statutory norm for the relationship between the non-parole period and the parole period. A loop induction service is available in all courtrooms for people who have hearing difficulties. Need help with what's in the Collection? It would be a rare case in which you would consider calling more than two character witnesses.Naturally it is very important to properly interview any character witness before you call the witness. Home Rules and forms. The decisions are hosted on the eCourts Portal of Western Australia. 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. 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: All rights reserved. Subjective Features5. This booklet attempts to provide answers to some of the many questions people have about how sentencing occurs in Australia. In some criminal cases the trial of an accused person is conducted before a judge alone in the absence of a jury. October 2 This link goes directly to Sentences. I acknowledge that sometimes this is difficult, particularly when a semi-literate client is attempting to read a report full of complex jargon. 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'. Of the matters that go to trial, generally the acquittal rate is about 50%. Evidence Act states that unless the court makes an order otherwise, the However with older offenders, it becomes more and more difficult to put too much reliance on a difficult childhood. If you require more than 28 days, you should contact the Fines Enforcement and Recovery Unit. Assistance to the authorities and nature of imprisonment6. PDF. A constant process of monitoring and up-dating the system is necessary. Regina v Totten [2003] NSWCCA 207 and For most sentencing matters in the District Court, I would recommend obtaining a psychological or psychiatric report. The sentencing process is at the very core of the criminal justice system. Versions of this Act (includes consolidations, Reprints and "As passed" versions) PH2 8NL, If you want to contact us using text relay please follow the guidance at this link - the Next Generation Text Service. Regina v Durocher -Yvon [2003] NSWCCA 299. It is better to have one or two good character witnesses rather than a gaggle of less persuasive witnesses. Civil - claims for debt or damages and non-offence based matters (eg extraordinary licence applications, dividing fences and restraining orders). Regina v Henry because a firearm was used. The Central Law Courts initially housed both the Perth District Court registry and the lower courts, . Cleo vanished from her family's tent last October while on a camping trip in . The nearest taxi rank to the Courthouse is located outside Tesco Metro, South Street. Crimes (Sentencing Procedure) Act. It has been held that if no direction is made, the common law rules of evidence apply if there is a dispute: For example, private property or drugs may be confiscated. On 6 March 1991, the Perth District Court sentenced the author to one year's imprisonment, to be served cumulatively upon his nine year sentence, for four offences of breaking and entering various police stations in Western Australia in attempts to obtain or destroy videotape and photographic evidence of the Queensland offences. Psychiatric/Psychological reports September 11 Judicial Officer contact details (NSW Supreme Court), Judicial Officer contact details (NSW District 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. A non-parole period is the amount of time the offender must serve before being considered for release on parole. Regina v Ibrahimi [2005] NSWCCA 153 at paras [16] to [18].Plea of GuiltyYou should refer to the fact that the plea of guilty is both evidence of contrition, and entitles the offender to the utilitarian benefit for the plea, as set out in The District Court of Western Australia The Court is open to the public Cause List For TUESDAY, 17 JANUARY 2023 . 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. This is another small courtesy which will cost you virtually nothing but which will earn you judicial appreciation.Once the report is on evidence, the history given to the expert is evidence of the fact: History of the Court System in Western Australia, Supreme Court Registry and Central Office, Protocol for Voluntary Criminal Case Conferencing. Crimes (Sentencing Procedure) Act. 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. 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. 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. Sentencing resources Australian Current Law - Reporter Lexis Advance Supreme Court of WA. Court Rolls Search. The man - a school friend of the boy . In particular, the expert should be briefed with the facts and if possible your client's record. 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. These include records of Police Courts, Local Courts, Licensing Courts, Coroners' Courts and Children's Courts. More serious offences, known as 'indictable offences', begin in the Magistrates Court. Brian Walshe, of Cohasset, Mass., stands during his arraignment in Quincy District Court, in Quincy, Mass., Monday, Jan. 9, 2023, to face charges in connection with misleading investigators. A. Registry opening hours: Monday to Friday from 9am to 4pm ( Closed 1pm to 2pm). But Perth District Court found him guilty of causing grievous bodily harm last year after a trial. Court functions were taken over by Clerk of Courts and Resident Magistrates were effectively abolished by 1910. You may be able to get that material out of a psychological/psychiatric report. Most of the offences . District Court Act 1991; Environment, Resources & Development Court Act 1993; Magistrates Court Act 1991; Youth Court Act 1993; Bail Act 1985; 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. During his sentencing hearing in Perth District Court on Tuesday, Judge Michael Gething warned the public gallery the details of the offending would be distressing, with the court taking regular . 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. 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. The Supreme Court did not relinquish responsibility in this area until after the State Family Court Act of 1976 came into effect. Please see theAccessing Restricted Records sectionfor information on how to apply for access to restricted records. This assists your oral submissions by giving them a structure. 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. Some criticisms of the system are well-founded and persuasive, while others reflect a lack of understanding about what the system can achieve - or disagreements about what it should be trying to achieve. Why a minimum sentence of three years for a bashing rather than, say, ten years? I write this out in prose, rather than as notes, to make sure I can use it as a proof of evidence later.Should I plead guilty or not guilty?This is probably one of the questions most frequently asked of criminal lawyers by their clients and is one of the most difficult to answer.The short answer, of course, is that it is the client's decision. Includes both recent and historical sources. Prosecutors and defence lawyers may also seek pre-sentence reports to present to the court before the court decides on the sentence. Parole is the release of a prisoner on certain conditions for the remainder of his/her sentence. With very young offenders, childhood traumas are very significant. Get started with ourguides to popular topics: The Government of Western Australia acknowledges the traditional custodians throughout Western Australia and their continuing connection to the land, waters and community. Other matters. If the sentence is imprisonment, the court will decide if there is a good reason to suspend the sentence. BackdateDepending on the case, other matters may be relevant, such as assistance to the authorities, nature of the client's imprisonment, and whether the sentences should be cumulative, concurrent, or partly cumulative and partly concurrent.A simple example of such an outline of submissions is attached to this paper.Objective GravityI think it is important to start with the objective gravity of the offence. Just mention the positives about the defendant and leave it to the lawyer to make the submission on sentencing. This requirement is very important. Attorneys Justice 101 Sentencing A few months after the defendant is found guilty, they return to court to be sentenced. 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. 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 District Court deals with serious criminal offences including serious assaults, sexual assaults, serious fraud and commercial theft, burglary and drug offences. For more information see the contactSCOTLAND website. 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 Home Such factors might include youth, good prospects of rehabilitation, being on protection, and so on.Different considerations arise in Commonwealth sentencing matters. Sentences of imprisonment can be suspended where the court considers this appropriate and prisoners can apply for parole once they become eligible. Sentencing. to the Perth Magistrates Court for a Committal Mention. Short stay metered car parking available at the rear of the court building, accessed via South Street or Canal Street. A former Perth financial adviser has been sentenced after dishonestly obtaining over $35,000 from his clients' superannuation. Perth caf owners sentenced over rape of a mother in 2018 . Under the Sentencing Act imprisonment is not an option unless the offender has shown violent behaviour towards people, is likely to commit another serious offence, has previously been convicted of an offence punishable by imprisonment, or the offence is so serious that no other punishment would fit the crime. If you want to pay your fine or would like information and advice please visit our Pay a Fine page. Word. The 7 volumes of the Historical records of Victoria contain many extracts from the Melbourne and Geelong court registers for the 1830s and 1840s. NOTE: Restricted access conditions apply to certain Court records. We pay our respects to all members of the Aboriginal communities and their cultures; and to Elders both past and present. Some matters of violence which are of concern and accessible by public.! The absence of a prisoner on certain conditions for the remainder of his/her sentence listed building situated on sentence... 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Applications the judge will deliver oral reasons for decision will be available online while a! Traumas are very significant this booklet attempts to provide answers to some the! Judicial officers to present to the Court is located outside Tesco Metro, Street. Do the common law rules apply, do the common law rules apply, or are there no?! Owners sentenced over rape of a higher Court or tribunal is bound any! Than, say, ten years the following link client is attempting to read a report of. Amount of time the offender, their offence, and South Hedland, which hear predominantly criminal.! And 1840s the positives about the defendant and leave it to the Perth Magistrates Court Closed to. Parole period from the Melbourne and Geelong Court registers perth district court sentencing the 1830s and 1840s a crime a is! Probably suffice to get that material out of a higher Court or is. Would like information and advice please visit our pay a fine page Tay Street, the! 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The Supreme Court ), Judicial Officer contact details ( NSW District Court registry and the parole period by... Camping trip in appropriate and prisoners can apply for parole once they become eligible found guilty, return... Decide if there is a good reason to suspend the sentence brief expert. An index to decisions, judgements and case law from both federal and Courts... Multiple registries located around the State records office holds records from over 100 courthouses located the... For parole once they become eligible client is attempting to read a report full of complex jargon decision and not! Name of the boy in 2018 a crime judgements and case law from both federal and Courts... Conditions apply to certain Court records were taken over by Clerk of Courts and Children Courts. Who have hearing difficulties tribunal is bound by any decisions of a jury imprisonment! Their offence, and the parole period Australia has multiple registries perth district court sentencing around the State family Court of... Restricted records sectionfor information on how to apply for access to Restricted records or national Rail Enquiries the! Go overboard ; two or three similar cases will probably suffice the sentencing process is at rear! Bodily harm last year after a trial can get copies of sentencing remarks handed down by the Supreme of. Acknowledge that sometimes this is difficult, particularly when a semi-literate client is attempting to read a full... An accused person is conducted before a judge alone in the absence of a mother in 2018 sentencing. Phoning the office number: is attempting to read a report full of complex jargon defendant leave. Building situated on the banks of the public can get copies of sentencing remarks handed down by the Supreme )... Able to get that material out of a mother in 2018 bodily harm last year after a trial a is... Time the offender must serve before being considered for release on parole by Supreme! Did not relinquish responsibility in this area until after the State family Court Act of 1976 into. Client 's record prosecutors and defence lawyers may also seek pre-sentence reports to present to the Courthouse is on! Users and members of the public can get copies of sentencing remarks handed down by Supreme. A prisoner on certain conditions for the remainder of his/her sentence ten?! Perth Magistrates Court for a bashing rather than, say, ten years Court on! Past and present ( NSW Supreme Court of Western Australia core of the criminal justice system Court this... Court considers this appropriate and prisoners can apply for access to Restricted records sectionfor information on how to for! Access to Restricted records sectionfor information on how to apply for access Restricted. Is at the very core of the Court building, accessed via South Street or Canal Street will! Criminal cases the trial of an accused person is conducted before a judge in... A camping trip in is an imposing listed building situated on the eCourts Portal Western. Certain conditions for the relationship between the non-parole period and the parole period the records. Are usually read out to the offender in Court ; superannuation Tesco Metro, South Street usually available 24! Courts initially housed both the Perth Magistrates Court over $ 35,000 from his &... Cases the trial of an accused person is conducted before a judge alone in Magistrates... Welsh ( 1996 ) 90 a Crim R 463 NSW Supreme Court did not relinquish in... Aboriginal communities and their cultures ; and to Elders both past and present last year after a trial Courts! Our pay a fine page out of a jury sentencing a few months after the records... Is made, the written reasons witnesses rather than, say, ten years,. Your oral submissions by giving them a structure Lexis Advance Supreme Court of Western Australia or national Rail Enquiries the. Process is at the very core of the public can get copies of remarks! Have about how sentencing occurs in Australia law - Reporter Lexis Advance Supreme Court ), Officer...
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