At a sentencing hearing, the court decides the punishment for a convicted individual. It follows a guilty verdict or plea, considering various factors like the crime and the defendant’s background. This hearing determines the final legal outcome.

The following information is provided to help you prepare for your upcoming sentencing hearing. You will not be expected to say or do anything at the hearing apart from acknowledging your name and entering a plea if you haven’t done so already. Your lawyer will do all the talking for you. 

What happens at sentencing

At a sentencing hearing, several key steps take place that will determine the outcome of your case. Here are these:

• Your lawyer will announce your appearance and confirm your guilty plea.
• The prosecutor will read out a summary of the facts of the offence.
• Your lawyer will make submissions on your behalf (your plea in mitigation), highlighting factors in your favour and requesting a particular sentence.
• The judge or magistrate will consider all the information and impose a sentence.
• You’ll be asked to stand as the sentence is delivered.

The court’s sentencing options

Depending on the offence, the Court has a range of sentencing options, including:

• Release without sentence
• Conditional release order
• Fine
• Community-based order
• Intensive supervision order
• Suspended imprisonment
• Immediate imprisonment

What the court considers

The court takes into account many factors, including:

• The seriousness and circumstances of the offence
• Your personal circumstances and background
• Any mitigating factors (e.g. early guilty plea, remorse, cooperation with authorities)
• Any aggravating factors (e.g. prior record, breach of trust)
• Your prospects for rehabilitation
• Deterrence (both personal and general)
• Community protection

On the day of the hearing

On the day of your sentencing hearing, you must be well-prepared and conduct yourself appropriately in court. Here’s what you should keep in mind:

• Dress neatly and conservatively (as if for a job interview)
• Arrive at court early
• When you arrive, inform court security that you have arrived and have a private lawyer when you arrive.
• Face the magistrate and bow whenever you enter and leave the courtroom
• Maintain a respectful demeanour and neutral facial expressions
• Stand when you are speaking or being spoken to by the magistrate. You do not need to stand when your lawyer is speaking.
• Listen carefully to what is being said and tell your lawyer if something needs to be corrected.
• Only speak when directed by your lawyer, the magistrate or judge

Remember, your lawyer is there to guide you through this process. Do not hesitate to ask them any questions.