Assault, DUI, drugs, fraud, AVOs, traffic matters

Can somebody answer these questions please in regards to my appeal for severity of sentence....

1. I think I might have other charges pending on some other matter not related to this, can the police bring this up at my appeal?
2. Whats the process at District Court when appealing for severity of sentence
3. What can I do to better my chances of getting a lighter sentence

Any info would be good just to ease my mind about the whole thing and better prepare myself.

Thanks in advance

A1. No.
A2. It will be legal argument over whether that magistrate made an error of law (e.g.: failed to take into account some matter or evidence) or whether the sentence was outside the normal range in the circumstances.
A3. There is nothing you can do personally. New evidence may be submitted but it would have to be material (i.e. go to culpability) to have an effect on its own.

I am positive others will add their wisdom but to get you started, only convictions can be mentioned and not unproven charges.

The process of pleading this matter can be complicate so having a good solicitor is your best option, however, you must show that the sentence imposed is out of proportion with the offence committed and of sentences handed down to others in similar circumstances. It must be argued only on material introduced in your first hearing and how the case was presented, both by your side and the other and how the magistrate behaved and adjudged the matter.

You will do better by, engaging a good solicitor and if not, doing lots of preparation including getting a transcript of the original trial, finding supporting case law, look at the sentencing guidelines for the offence, the sentencing statistics and making yourself more than presentable for court.

Would references be ok as I didnt submit any in my sentencing in local court as my solicitor was confident id get an adjournement which I didnt and got sentenced straight away to 9months jail did a nearly a month and got bail. My solicitor said to the same judge that sentenced me to 9months that i had a job waiting, had medical issues i had to seek help for, my partner had to get a 2nd job to pay mortgage and support my 2 boys and he imposed a condition where i dont enter a licensed premises because I have a gambling problem. Since on bail ive seen a psycologist 7 times in 10 weeks, my diabetes is under control for the first time in 6 years, and even though I lost my job when I was in jail ive managed to get a part time job now. My only concern was I wanted my solicitor but when i got letter from legal aid they wanted inhouse solicitor to do my appeal. Ive tried to contact them for 2 weeks with no phone call back and im worries these legal aid solicitors wont do nothing for me

Still no call from legal aid......damn

Great got the lawyer I wanted. He said first mention Monday but wont be dealt with that day. If I wanted to could I we get it sorted that day?

Can a judge order a lesser sentence such as an ICO or Parole even though I was originally sentenced to full time gaol?

Any help from any legal professionals here at all with my questions?

You've already received a good reply, if you follow it your solicitor will answer your questions.

Originally posted by citizen181

You will do better by, engaging a good solicitor

1 last question for all the legal pros here, whats the difference between a District Court Mention & District Court Hearing? Bare in mind I am on bail and its an appeal for severity?

Thanks in advance

The mention will be to attend to some minor matter, eg set the date for the hearing, extend bail, or similar.

The district court hearing will be to hold the trial in the case, where all the evidence is heard before a jury (usually) and decide whether the accused is guilty or not.

I note you got the lawyer you wanted. is he/she keeping you up to date with things?

I know from your postcode that you are in a large country centre. In large country centres, matters such as severity appeals are all listed for the first day of the court sittings and generally determined at some time during those sittings - usually over the following few weeks. Every other matter listed for the sittings will also be listed on that first date, so it is unlikely that it could be finalized that day.

So I'm betting the mention will result being set for the hearing in a week or two or three, and on that date the judge will receive all the relevant paperwork, hear submissions from your lawyer and the prosecutor and then decide whether the magistrate was too hard on you and what should be done.

Good luck.

Edited by PMCL - 27/July/2012 at 16:48

Originally posted by rockbear8

Can a judge order a lesser sentence such as an ICO or Parole even though I was originally sentenced to full time gaol?

I've got my views about that based on what you've told us in this and your other thread, but it really is a matter for your own lawyer to advise you.

Thanks for that PMCL, always a pleasure

DC Appeals Process