The Magistrates Court of Western Australia has multiple registries located around the State to deal with: Criminal - offence-based matters; and. Perth Sheriff Court Tuesday 11 May 2021 Data Published at 13:03 on Tuesday 11 May 2021 Criminal No cases allocated for this court. In the majority of these cases the judge who hears the case will publish written reasons for decision. 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. All rights reserved. The types of records created by these Courts include plaint files, correspondence, minute books, evidence books, summonses, licence registers, charge books and execution books to name a few. That is quite different to the Local Court where in general the client is not called. These are usually read out to the offender in court. Sentencing is a fundamental part of the criminal law. The purpose of the Act is to aid judicial officers in the construction of sentences. Following a plea of guilty you will be sentenced and, in most cases, the offence will go on your criminal record. The difficulty from the defence perspective with pre-sentence reports is that once the report is ordered you have no control over whether the report is going to be before the court or not. The State Records Office holds court records from: The Supreme Court of WA Resident Magistrates Other Courthouses - over 100 courthouses located throughout the metropolitan and country areas of Western Australia. 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. In the year 2000, . 03-n0-00. 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. It has been held that if no direction is made, the common law rules of evidence apply if there is a dispute: The booklet called "Judge for Yourself: A Guide to Sentencing in Australia" is published by the Judicial Conference of Australia (JCA)as a free resource to members of the public who wish to gain a better understanding of the system of sentencing offenders in Australia. 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. Under Commonwealth law there is no statutory norm for the relationship between the non-parole period and the parole period. It has a membership of some 600 judges and magistrates, and is a non-profit organisation largely funded by its members. Regina v Henry assumed a late plea: see The remarks are then put on the offenders file. The Court of Criminal Appeal has stressed the importance of having actual evidence of the conditions of custody of an offender serving a sentence in protection in cases such as Why is a particular penalty chosen? Why a minimum sentence of three years for a bashing rather than, say, ten years? Some of your clients will not be able to help themselves.Other written materialIt is often helpful to be able to take the sentencing judge to some comparable sentencing cases. All rights reserved. Court users and members of the public can get copies of sentencing remarks handed down by the Supreme Court of Western Australia. It is submitted that the sentence to be imposed should be backdated to that date.John Stratton SCDeputy Senior Public Defender10 September 2007. Others, like New Jersey, only provide Superior Court cases. Section 4 of the In particular, the expert should be briefed with the facts and if possible your client's record. the District Court of Western Australia. Suvat Sarmisakliglu, 41, was sentenced in the NSW District Court on Tuesday after being arrested at Surry Hills in a taxi along with another man and a backpack full of illicit drug precursor gamma . Don't wait until you utter the words 'I tender a number of character references.' I try to set out the essential elements of the offence in lay terms; for example: Negotiating with the DPP is in my opinion very unconvincing. 737 total criminal hearings, including both sentencing hearings and trials, were heard in the Circuit courts in 2019. 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 . The Public Defenders' web site has tables of cases for many of the offences which frequently come up in the District Court.Some of you may have access to the graphs for sentences prepared by the Judicial Commission. Thomson and Houlton (2000) 49 NSWLR 383. The JCA is the national representative body for Australian judicial officers. 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. Regina v Henry (1999) 46 NSWLR 346 the Court of Criminal Appeal referred to a starting point of 4 to 5 years for the head sentence for the offence of armed robbery.It is conceded that the facts of these offences are more serious than in the paradigm case referred to in 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 This link goes directly to Sentences. Travis McMichael . The offender appears to have reasonable prospects for rehabilitation.It is submitted that your Honour will have no difficulty in finding that there are special circumstances justifying a variation in the statutory ratio between the non-parole period and the parole period.8. 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. This booklet attempts to provide answers to some of the many questions people have about how sentencing occurs in Australia. 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. One or two good character references are better than a large number of mediocre references.A written character reference must at least cover the following material:(1) how the witness knows the client;(2) what the witness has been told about the offence(3) that commission of these offences was out of character for the offenderThe first requirement is that the reference should make clear the extent to which the witness knows the client. The responsibility of customs, for example, was transferred to the Commonwealth soon after Federation in 1901. Peace signings are available by appointment. A. Imprisonment (WA) Imprisonment is the most severe penalty that Western Australian courts can impose. Includes both recent and historical sources. Special Circumstances8. Court users and members of the public can get copies of sentencing remarks handed down by the Supreme Court of Western Australia. The Magistrate will find out if all parties are ready for . 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. The JCA is the national representative body for Australian judicial officers. I have over the years seen many examples of reports tendered on behalf of offenders which should have never have seen the light of day. You should of course bear in mind the limited weight which a court may give this material.Some (but not all) prosecutors will not object to the tender of a letter written by your client to the judge expressing his remorse about the offence. Tay Street, Regina v Bernier (1998) 102 A Crim R 44 esp. The WRVS run a snack bar service on the ground floor from 9.30am until 12 noon. Emily Smith . 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. This service is NOT available during actual court proceedings. The District Court is an intermediate trial court placing it between the Magistrates Court and the Supreme Court in the Western Australian courts hierarchy. 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: 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. The Perth Drug Court operates in the Perth Magistrates Court, and is aimed at breaking the cycle of drug related offences by allowing you to enter a treatment program prior to sentencing. Magistrates Court Restraining Orders Appeals, Doing Right to All - 50 years of justice at. The building, designed by London architect Sir Robert Smirke, was built in 1819 and stands on the site of Gowrie House, the place where a plot to kill King James VI was hatched in 1600. 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. Other orders and declarations following conviction for an offence How will we know? The Perth Children's Court became the Children's Court of WA with the passing of the Act of the same name in 1988. No. The State Records Office holds court records from: Most of these historical records date from the 1830s until the 1940s (a small number of Court records extend through to the 1980s). 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. From time to time errors are made in criminal records, although it has to be conceded that if there is a difference between your client's recollection and the official record, it is more likely that your client's recollection is deficient.When you are reading your client's record look for offences of the same type committed by your client in the past, and also check to see if your client was on parole or on bail when he committed the offence for which he is being sentenced.Pre sentence reportsIn the District Court I normally hesitate to ask for a pre-sentence report. Tribunal hearings and directions are open to the public, however, compulsory conferences and mediation sittings are closed. We pay our respects to all members of the Aboriginal communities and their cultures; and to Elders both past and present. These include records of Police Courts, Local Courts, Licensing Courts, Coroners' Courts and Children's Courts. Clearly sign and date the character reference and include your contact details. Sentences of imprisonment can be suspended where the court considers this appropriate and prisoners can apply for parole once they become eligible. These questions will be considered from the point of view of judges and magistrates who daily impose sentences in the courts. If you require more than 28 days, you should contact the Fines Enforcement and Recovery Unit. The judge receives guidance and assistance from several sources in order to sentence a defendant. Crimes (Sentencing Procedure) Act. 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. I concede that the other side of the argument is that pre-sentence reports have the added weight that the theoretically unbiased position of the author (a probation and parole officer) lends to the report.The only time I would normally ask for a pre-sentence report is when a non-custodial outcome is a real possibility, and even then I would consider suggesting that the report should be limited to sentencing options other than a full-time custodial sentence. I always try to prepare for a conference in the same way that I might prepare for a hearing. Committal Mention . Probably the easiest way of doing this is through having a psychiatric or psychological report which you can tender. Registry opening hours: Monday to Friday from 9am to 4pm ( Closed 1pm to 2pm). I try to set out the advantages and disadvantages of pleading guilty. 2) provided for the naturalisation of non-British subjects. Banner images: Image 1 retrieved from Pixabay. 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. 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. It is submitted that the discount which the offender should receive for the utilitarian value of his plea should be towards the upper end of the range of 10 to 25% identified in The judges reasons for the sentence are given in his/her sentencing remarks. Congress has established minimum and maximum punishments for many crimes which the judge uses to craft a sentence. Robert Charles Higgins, 64, was sentenced on Thursday to four years and nine months jail for one count of aggravated sexual penetration without consent of a girl under 16, and 12 counts of indecent assault. Precedents are decisions made in past trials for similar crimes. Criminal Procedure Act 2004. 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. I instruct you that I wish to plead guilty to the charge of sexual intercourse without consent. Regina v Bloomfield (1998) 101 A Crim R 404. Many Court records, especially for more recent cases,are still retained by the Court where cases were heard. Full access for any wheelchair users or persons with prams/pushchairs is available via a ramp adjacent to the front entrance of the building on Tay Street. Regina v Welsh (1996) 90 A Crim R 463. Regina v Hemsley [2004] NSWCCA 228 at para [30].6. 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. www.contactscotland-bsl.org. Regina v Durocher -Yvon [2003] NSWCCA 299. Pleading guilty in the Magistrates Court. Decisions & PublicationsSentences. Nothing will give some judges greater pleasure than cross-examining an offender about a conflict between the accused's account of his life and his criminal history. V Henry assumed a late plea: see the remarks are then on! 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