Once an accused has been found or pleaded guilty to an offence, the court permits the accused to make submissions in respect of the sentence to be imposed. As part of these submissions, an accused is permitted to put the extenuating or “mitigating” factors of the offence before the court. This is known as a plea in mitigation.

The effect of a successful plea in mitigation is that the court may form the view that a reduced or lesser penalty than would otherwise have been imposed, is appropriate.

Mitigating factors to offences can include a lack of criminal record, an ignorance of the law or wrongdoing, the trivial or accidental nature of the offence or even the circumstances surrounding the offence, or events leading up to the incident the subject of the charge.

Our office can advise you of all the relevant factors to put before the court, and what may assist to lessen your sentence, in the event you are found guilty. In some circumstances, a strong plea in mitigation on behalf of an accused can mean the difference between whether a penalty of incarceration is imposed by the Court.

Our office can appear and present a plea in mitigation on your behalf, and assist the court by presenting the relevant supporting documentation in an effort to reduce or minimise a sentence to be imposed, including, if appropriate, making an application for a Spent Conviction Order.

Contact our office to discuss how we can assist you in relation to Sentencing or Pleas in Mitigation.

Need Advice?

Need Advice?

For more information, get in touch with our team of lawyers at Dwyer Durack today.