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. 'It may assist the sentencing judge to indicate what you believe to be the relevant aggravating and mitigating factors under s. 21A It is usual for a judge to make an order supressing the publication of written reasons on an application made prior to trial until the trial has taken place. During his sentencing in Perth District Court on Thursday, defence lawyer Sam Vandongen said the 51-year-old's greed, ego and desire to . The State Records Office holds the following naturalisation records for the Supreme Court: Grants of Probate (Wills) and Letters of Administration. 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. 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. It has a membership of some 600 judges and magistrates, and is a non-profit organisation largely funded by its members. The eCourts portal provides listings for all courts in Western Australia. In the court records can also be found plaints, which are kept for many courthouses and some mining warden records relating to gold mining and other leases. 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. There are several restaurants close to the court house. About the District Court District Court registry Decisions . Civil - Ordinary Actions No cases allocated of this type Simple Procedure No cases allocated of this type Summary Cause No cases allocated of this type Small Claims . A fine is a sum of money that a court orders an offender to pay. 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. Other orders and declarations following conviction for an offence Regina v Welsh (1996) 90 A Crim R 463. That is because the nature and amount of crime changes over time, community attitudes shift and new approaches to the legal system are always being suggested. It also responds to some common criticisms that are made about sentencing. These functions were eventually passed to other government agents. For example, the Environment Protection Act may apply in a case involving environmental crime. Sentencing; Youth Court; Rules, forms & fees. In particular, the expert should be briefed with the facts and if possible your client's record. The Magistrate will find out if all parties are ready for . A. If the court makes an error of law or if the sentence is considered to be too high or too low, an appeal can be made against the decision to another court. It also means you agree with what the police say in their summary (called the statement of material facts). Jaycob Yarran, 25, has been sentenced to five years for putting toddler's hands in boiling water. A constant process of monitoring and up-dating the system is necessary. One of the main considerations is that if you end up with a relatively lenient sentence, it will be easier to hold the sentence in the Court of Criminal Appeal if the client has given evidence.Calling the clientIt is very useful to have a written proof of evidence from your client before calling him.I normally take a more or less chronological account of the client's life, in particular the time leading up to the commission of the offence. Instead, the aggrieved party may take private action to protect their rights or may sue for damages. If you want to pay your fine or would like information and advice please visit our Pay a Fine page. 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: One important reason for this is that very often clients who have just been sentenced are very unclear about what sentence they have received. Sometimes a summary of evidence is also provided. 'Cowardly' one punch attack at Perth nightclub earns Brent Robert Johnston 12-month jail sentence KATE CAMPBELL PerthNow Perth Roebourne Sexual Offences Counselling and support services 1800 Respect, National counselling helpline: 1800 737 732 Bravehearts, counselling and support for survivors of child sexual abuse: 1800 272 831 Child Wise, counselling provider: 1800 991 099 Lifeline, 24-hour crisis support and suicide prevention: 13 11 14 The records of the Supreme Court of Western Australia are the most extensive collection of court records held by the State Records Office. All contents copyright Government of Western Australia. Decisions & PublicationsSentences. Range of sentences for this Offence7. 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. 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. You may be trying to access this site from a secured browser on the server. However, on occasion the judge will publish written reasons for decision. Unless a suppression order is made, the written reasons for decision will be available online. Then deal with anything relevant that has happened since that time: for example, progress in custody, hopes and plans for the future, and so on.When your client is giving an account of what led him into a life of crime, or to commit a particular offence, he may explain it in terms of particular traumatic events in his life (for example, the death of a parent or a child, or the termination of a relationship).Be conscious of the fact that the sentencing judge probably has very limited material about the subjective circumstances of your client's life in front of him, but one thing he will definitely have will be the client's record. Travis McMichael . May 1, 8, 29 Kununurra, and South Hedland, which hear predominantly criminal trials. Imprisonment (WA) Imprisonment is the most severe penalty that Western Australian courts can impose. A reference by a witness who has not had contact with the accused for many years, for example, should be discarded.The second requirement is that the reference should indicate that the author of the reference is aware of the nature of the offences to which the client has pleaded. 12. ASIC confirmed on Wednesday that former financial adviser Rahul Goel was sentenced on 13 December in the Perth District Court to three . Please turn on JavaScript and try again. 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. It has been held that if no direction is made, the common law rules of evidence apply if there is a dispute: Sentencing resources Australian Current Law - Reporter Lexis Advance Supreme Court of WA. www.contactscotland-bsl.org. 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. But Perth District Court found him guilty of causing grievous bodily harm last year after a trial. Concurrency and accumulationThe two robberies occurred within 2 weeks of each other. The decisions are hosted on the eCourts Portal of Western Australia. See also records relating to thePerth Children's Court. 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. 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. In an appropriate case (not a case with an extremely hostile victim's family) it may be appropriate to ask him to address the victim or his/her victim directly and apologise. If the offender has a bad record, you might simply concede that his record does not assist him.If your client was on a bond or on bail at the time of the offence, acknowledge that fact in your submissions, rather than waiting for the prosecution to do so.Subjective FeaturesAt the very least you should refer to the offender's age, and any matters in his personal history which might have contributed to the commission of the offence.Other relevant matters may be your client's drug and alcohol history, psychiatric history, and so on.Assistance to authorities and Nature of ImprisonmentIf your client has provided information to the authorities, or given evidence for the prosecution, that should of course be drawn to the attention of the sentencing judge.If you are not in a position to call your client, try to at least get confirmation from the prison that you client is in protection and the nature of his custody.Range of SentencesAt this point in your submissions, you might want to refer to any Judicial Commission Statistics or schedules of cases, which you have obtained.A certain amount of subtlety is required here. 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. Perth Sheriff Court Tuesday 11 May 2021 Data Published at 13:03 on Tuesday 11 May 2021 Criminal No cases allocated for this court. The District Court is an intermediate trial court placing it between the Magistrates Court and the Supreme Court in the Western Australian courts hierarchy. 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. 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. The judge receives guidance and assistance from several sources in order to sentence a defendant. 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. 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: Western Australia. 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. Listings for all courts in Western Australia, forms & amp ; fees R 463 this site a! 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