I got a letter from my solicitor saying that a court date has been set down for the 27th of January - for sentencing. I like to be informed about these things, and I have only really dealt with the Magistrates Court, and this will be in the district court.

I had some questions, and I hoped I might garner a bit of information.

1. What is the process involved, what submissions can be made, will I get a chance to say something? (is this a good idea, what exactly etc) I've had a psychologist's report from a psychologist I have seen since the 'event', as well as a couple of character references.

2. I have to fill out an Statement of Antecedents and Facts, but I'm feeling kind of... nervous about what to put in, what not to put in and so on. They (the solicitors) dated their letter to me the 24th of December, and said they wanted me to have this statement back to them by the 24th... which I assume is a typo)

3. My barrister has said that it is likely I would get either some kind of probation order, or a suspended sentence. What would either of these entail exactly?

My case has been rather high profile, and there has been a huge amount of media attention. I've had some coaching as far as dealing with the media, and I have kind of learned to live with them to some extent. It's not a lot of fun getting chased down the street by a dozen camera crews, but it's even harder not to smile when they almost fall over various objects as they run backwards.

I can't think of anything else at the moment, but I appreciate your time. :)

1. What is the process involved, what submissions can be made, will I get a chance to say something? (is this a good idea, what exactly etc) I've had a psychologist's report from a psychologist I have seen since the 'event', as well as a couple of character references.

Indeep, it depends what you are pleading. If you are automatically pleading guilty, there is no trial. There is a box in the middle of the courtroom, and a round desk, on the left side, the defense sit, the right the prosecution. If you are going in front of a jury and testify, yep, you will have a chance to say something. If you are pleading guilty, the judges aid, reads the charges, and asks you how you plead. You then say "guilty or not guilty" (depending on your plea). All your psych and charactor references will be handed up to the judge at the time of sentencing. He will read all of this, and take it into consideration before handing down any sentence, and also mention it in his remarks on sentencing. Also, at this stage, he will ask you if you have anything to say. It is up to you if you choose to address the court or not.

2. I have to fill out an Statement of Antecedents and Facts, but I'm feeling kind of... nervous about what to put in, what not to put in and so on. They (the solicitors) dated their letter to me the 24th of December, and said they wanted me to have this statement back to them by the 24th... which I assume is a typo)

I say it would be a typo as well, but they need it back as soon as possible. Just state in your own words, the events, etc. Yep, it is a hard thing to write, but your solicitors will advise you if they can use it or not. Normally, the solicitor will write it for you, and put at the beginning, "this statement is true and correct in (your names) words" If you have any trouble with it, dont hesitate to contact your solicitors. They are the ones preparing the case for the barrister

3. My barrister has said that it is likely I would get either some kind of probation order, or a suspended sentence. What would either of these entail exactly?

There are many types of sentencing the judge can hand down. He can hand down a corrective service order, where you report to a probation officer, and you are made to go and do any courses, training they say. This is an extensive order, and hard. If you say, get 2 years, and break it, you have to start from the beginning (I believe). Alot of men state that this is harder than prison time, as corrections basically own you and what you do. There is no prison time involved though, which is a good thing.

A suspended sentence is much easier, though if you re offend, you need to go in front of the court, and personally explain why they shouldnt put you in prison (cause they will). They can state something like, ok, you get 2 years in prison (suspended), in a three year period, which means, if you break the law at any point in that three year period, you go to prison for 2 years. There is no restrictions on this order, unless of course you break the law.

There are alot more ways in sentencing, these are only 2 examples. Did you do any prison time on remand? The judge will also take this into consideration as well. As I said, there are a few ways of sentencing. Any questions though, feel free to ask. Also, if you have any petty matters being dealt with in magistrates court, that havent been handed up to district, ask your solicitor to file for the supplementary matters to be handed up to district court. Petty crimes are dealt with alot more leniancy in district than magistrates. These charges will all be combined into one charge. (you can only do this though if you are pleading guilty). Magistrates court can charge you alot harsher for petty crimes than district does. Also, if there is fines involved, you are better having these charges dealt with in district court.

Thanks for the info Kyla. :)

No, I have never done any prison time on remand, I've always been released on my own recognisance. And all of the other matters have been taken care of already as far as other charges. I'm not sure it would have been a good idea to have them joined in the district court anyway. :|

In some ways I feel like I'm between the devil and the deep blue sea so to speak. I can just hope for the best.

Indeep
I hope the best outcome for you as well. It sounds like your legal team are excellent, and normally, without you knowing, your barrister would of already had a chat with the prosecutor. He probably states things to you like, it looks this way, but no guarantees. He says this, cause this is what the prosecution and him agree on, but the "no guarantees" they state, is because sentencing is at the end of the day here, up to the judge.
I am sending heaps of positive thoughts and energy your way.

"3. My barrister has said that it is likely I would get either some kind of probation order, or a suspended sentence. What would either of these entail exactly?"

Means that you probably wont be going to prison. If you get a probation order you'd have to report to a probation officer. If you get a suspended sentence it means that if you are free but if you do anything unlawful the next time around, you will have that original sentence you avoided placed on top of any additional sentences, which means that you may or may not go to prison in that eventuation.

"My case has been rather high profile, and there has been a huge amount of media attention. I've had some coaching as far as dealing with the media, and I have kind of learned to live with them to some extent. It's not a lot of fun getting chased down the street by a dozen camera crews, but it's even harder not to smile when they almost fall over various objects as they run backwards."

The best thing to do is avoid the media. Journalists are just lowlife maggots.

"I can't think of anything else at the moment, but I appreciate your time. :)"

Thanks Kyla and Medea, you guys and this site have made this whole process a lot easier to go through. :) You guys are the best. :)

on a not so happy note, I think I've done my left knee ligaments again :( did a bit of twist and shout while working this morning involving a large boulder. Ugh. Hoping to see my doctor next week... *sigh*

Indeep
Its our pleasure to help out, anytime. I Pmed you my number to, I am in Queensland. If you ever want to just vent or talk, call up anytime ok. I hope your leg feels better soon to.

It sounds like things are going relatively well...I hope they are and you are able to avoid prison. Good luck.