(08) 9278 2575If you plead not guilty but are later convicted at trial, the court may impose a harsher penalty than otherwise might have applied if you had pleaded guilty at an earlier stage. This is because you may lose the benefit of a sentencing discount and also may be perceived as having demonstrated less remorse.
To Plead Guilty Or Not Guilty: Things You Should Know
If you are charged with a criminal offence in Western Australia, one of the most critical decisions you'll face is whether to plead guilty or not guilty. This choice determines the pathway your case will take - whether it proceeds to trial or moves directly to sentencing -and will significantly affect the outcome.
Below is a comprehensive guide to help you better understand what each plea means, the consequences involved, and the key considerations before making your decision.
Your lawyer can request the evidence from the police and ultimately make an assessment about the strength of the prosecution's case against you. However, you may already have a fair indication about the strength of the prosecution's case, even before the evidentiary materials are disclosed to your lawyer.
If the evidence supporting the charge is weak, then there will be greater justification for you to plead not guilty and defend the charge. Conversely, if the evidence against you is strong then it is important to recognise the likelihood of being convicted and therefore the benefits of pleading guilty to the charge.
If your matter is urgent, contact Andrew Williams immediately on (08) 9278 2575. As an experienced and knowledgeable criminal lawyer in Perth, he will provide you with sound legal advice that pertains to Western Australian law.
Understanding Pleas in Criminal Law
What Does It Mean to Plead Guilty?
Pleading guilty means you formally admit to committing the offence as outlined in the charge. You are accepting legal responsibility for the act, and the matter will usually proceed directly to sentencing without the need for a trial. A guilty plea can be considered a sign of remorse and cooperation and can often lead to a reduced sentence.
What Does It Mean to Plead Not Guilty?
A not guilty plea indicates that you deny committing the offence or contest part of the prosecution's case. It requires the matter to be set down for a trial or hearing, where the prosecution must prove your guilt beyond a reasonable doubt. If the court finds you not guilty, you are acquitted. If found guilty, sentencing will then follow.
Discount For A Plea of Guilty
If the evidence against you is strong and there are solid prospects of you being found guilty after a trial, then there are practical benefits to pleading guilty at an early stage.
The law recognises that a plea of guilty benefits the community because it avoids lengthy proceedings and lightens the workload of the courts and the criminal justice system. Consequently, an offender who pleads guilty to a charge is afforded a discount on the sentence that would otherwise have been imposed following a finding of guilt after a trial.
The principle of a discount on a sentence for an early plea is found in section 9AA of the Sentencing Act. That section reads as follows:
Plea of guilty, sentence may be reduced in case of:
(1) In this section —
fixed term has the meaning given in section 85(1);
head sentence, for an offence, means the sentence that a court would have imposed for the offence if —
(a) the offender had been found guilty after a plea of not guilty, and
(b) there were no mitigating factors;
victim has the meaning given in section 13.
(2) If a person pleads guilty to a charge for an offence, the court may reduce the head sentence for the offence in order to recognise the benefits to the State, and to any victim of or witness to the offence, resulting from the plea.
(3) The earlier in the proceedings the plea is made, the greater the reduction in the sentence may be.
(4) If the head sentence for an offence is or includes a fixed term, the court must not reduce the fixed term under subsection (2) —
(a) by more than 25%; or
(b) by 25%, unless the offender pleaded guilty, or indicated that he or she would plead guilty, at the first reasonable opportunity.
(5) If a court reduces the head sentence for an offence under subsection (2), the court must state that fact and the extent of the reduction in open court.
(6) This section does not prevent the court from reducing the head sentence for an offence because of any mitigating factor other than a plea of guilty.
What does section 9AA of the Sentencing Act Mean?
In simple terms, the legislation says that if you enter a plea of guilty to a criminal charge, you may be entitled to a discount of up to 25% on the sentence that would otherwise have been imposed upon you in the event that you had been found guilty after a trial.
The extent of the discount will depend on when the plea of guilty is entered. Ultimately, the longer the delay of a plea of guilty in the proceedings, the less the discount on your sentence will be.
The reduction in the sentence under section 9AA of the Sentencing Act does not take into account other mitigating factors, such as contrition and remorse, the age of the accused, lack of previous criminal history or steps taken towards rehabilitation, which often result in a further reduction of the sentence imposed.
Find out more about Sentencing in WA.
What Should You Know Before Pleading Guilty
The decision to plead guilty or not guilty is a decision for the accused to make. There are, however, matters that an accused should be made aware of when making that decision. There are fundamental rules of law that apply in criminal proceedings. Those principles include the presumption of innocence, the burden of proof and the standard of proof. Persons charged with an offence should be made aware of these principles.
1. The Presumption of Innocence
The starting point in any criminal proceeding is that an accused is presumed to be innocent of the charge. Any person who stands trial is presumed to be innocent. An accused person continues to be presumed innocent unless and until either a plea of guilty is entered or a jury, by its verdict, finds the accused guilty.
Every person who stands trial in this country is entitled to the presumption of innocence, no matter who that person is and no matter what charges they are facing.
2. The Burden of Proof
There is no greater concern than the wrongful conviction of the innocent. That is why the law requires that the burden of proving guilt rests with the prosecution.
It is the prosecution that brings the charge. It is the prosecution that has the wealth of government resources at its disposal. It's the prosecution that points the finger at the accused, and it is for those reasons that the prosecution bears the onus of proof in a criminal trial.
At no point does that onus shift to the accused to prove his/her innocence. The accused does not have to give evidence or call any evidence on his/her behalf. No adverse inference can be made against the accused for exercising that legal right.
3. The Standard of Proof; Beyond a Reasonable Doubt
The third principle in our criminal law is that the prosecution must achieve its proof beyond a reasonable doubt. In a criminal trial, what is often at stake is a person's liberty. It is for this reason that in any criminal trial, it is not enough for the prosecution to tip the scales and prove that the accused is probably guilty of the offence they are charged with. Nor is it enough to prove that the accused potentially, or more than likely, committed the offence.
Criminal law courts in our country are not courts of suspicion. They are courts of law, and a fact finder can only convict an accused if they find, beyond any reasonable doubt, that the accused is guilty of the offence. Probably, possibly, potentially, suspicion, got a hunch – none of these findings are good enough. It must be much more than that - it has to be beyond a reasonable doubt.
So if, at the end of deliberations, a member of the jury has a doubt about the guilt of the accused and that is a reasonable doubt, then the accused is entitled to the benefit of that doubt.
Factors to Consider Before Deciding Your Plea
Are You Actually Guilty?
Guilt under the law is not simply about whether you believe you did something wrong. It involves determining whether your conduct meets each legal element of the offence as set out in the relevant legislation.
For example, to be guilty of stealing, the prosecution must prove that you took property without consent and with the intent to permanently deprive the owner of it. Your lawyer will help break down the elements of the offence and evaluate whether the facts of your case satisfy those elements.
Are There Any Legal Defences?
You may have a lawful defence to the charge, even if you did commit the act. Common legal defences include:
- Self-defence: where your actions were necessary to protect yourself or others from harm.
- Duress or coercion: where you were forced to commit the offence under threat.
- Lack of intent: where you did not intend to commit the offence, which is a key element of the charge.
- Mental impairment: where a diagnosed condition affected your ability to understand your actions.
- Mistaken identity: where the prosecution has identified the wrong person.
If a legal defence does apply, your lawyer may advise entering a not guilty plea and presenting the defence at trial.
Is There Duplication Between Charges?
In some cases, multiple charges may arise from the same incident or conduct. For example, a person might be charged with both 'assault occasioning bodily harm' and 'common assault' for a sequence of acts where only one charge is appropriate. This can lead to an unfair stacking of charges.
Your lawyer can assess whether any charges overlap or are excessive and may negotiate with the prosecution to have some withdrawn or amalgamated into a single charge. This can affect how you plead and reduce your potential sentencing exposure.
Other Matters To Be Aware of When Pleading Guilty
There are other important matters that an accused person should be aware of when deciding whether to plead guilty. These matters include:
- The meaning and content of each and every element of the charge the accused is pleading guilty to;
- That a plea of guilty is a complete acceptance of each and every element of the charge pleaded guilty to;
- That an accused does not have to plead guilty to the charge;
- That if an accused pleads not guilty, the prosecution will have to prove each of the elements of the charge to the required standard of beyond a reasonable doubt;
- That once an accused pleads guilty to the charge, it is unlikely that the plea will be able to be changed;
- The maximum penalty provided by law in relation to the charge;
- That an accused should not be entering a plea of guilty to the charge unless he/she is prepared to admit and accept the factual allegations for the charge that are necessary to prove each of the elements of the offence;
- That the plea of guilty will result in all the consequences of a conviction that might apply, for example:
- Immediate imprisonment;
- A trafficking declaration being made and consequently the possibility of the accused's property being confiscated pursuant to the Criminal Property Confiscation Act 2000 (WA); or
- A deportation order being made by the Department of Home Affairs.
It's crucial that you seek legal advice before deciding on a guilty plea to ensure you have a full understanding of the implications and impact this decision will have. Contact Andrew Williams on (08) 9278 2575 to discuss your matter without delay.
Pleading Guilty vs Not Guilty: Pros and Cons
Deciding whether to plead guilty or not guilty is one of the most important choices you’ll make in a criminal matter. Each option comes with its own benefits and drawbacks, and the right decision depends on the strength of the prosecution’s case, available defences, your personal circumstances, and legal advice.
When you plead guilty, you are formally accepting legal responsibility for the offence. Entering a plea of guilty at an early stage can have practical benefits including the result being a more lenient sentence. Courts in Western Australia often grant a sentencing discount for early guilty pleas, recognising the saving of court time and resources, and taking your plea as a sign of remorse. A guilty plea can also help avoid the stress, public exposure, and expense of a contested trial. However, it will usually result in a criminal conviction, which can impact your future employment opportunities, international travel, and professional licensing. Importantly, once a guilty plea is accepted by the court, it is difficult to withdraw. For this reason, you should never plead guilty without first seeking legal advice.
On the other hand, pleading not guilty means you do not accept the charge and are requiring the prosecution to prove the case against you beyond a reasonable doubt. This preserves your right to a trial and may result in an acquittal if the evidence is weak or a valid defence applies. It also gives you more time to prepare your case. However, there are potential downsides. If you are found guilty after contesting the charges, you will not be entitled to receive the discount on sentence which would have otherwise been available if a plea of guilty was entered at an early stage.
Ultimately, the decision to plead guilty or not guilty should be based on a clear understanding of the charges, the available evidence, any applicable legal defences, and your lawyer’s guidance. Taking the time to make an informed choice can make a significant difference to the outcome of your case.
The Court Process in WA Criminal Matters
Magistrates Court
The Magistrates Court is where most criminal matters in Western Australia begin. It primarily deals with summary offences - less serious charges such as disorderly conduct, driving offences, and assaults that do not result in permanent injury or life threatening harm. It can also hear either-way offences, which may be transferred to a higher court depending on their severity.
One of the benefits of pleading guilty in the Magistrates Court is that your matter may be resolved more quickly and with lower legal costs. The process is relatively informal compared to higher courts, and a guilty plea may allow you to proceed to sentencing on the same day or shortly thereafter.
However, even in the Magistrates Court, you should not plead guilty without understanding the nature of the charges, the evidence against you, and whether you may be eligible for a spent conviction. Your lawyer can assist with making submissions to the court that highlight mitigating factors, which can significantly impact the outcome.
District Court
The District Court of Western Australia hears more serious offences, such as burglary, fraud, sexual offences, and certain types of assaults and drug charges. These offences are typically indictable, requiring more formal legal procedures. If you plead guilty to the charge and your matter is then committed to the District Court, your matter will proceed to a sentencing hearing, which may be held weeks or months later depending on the complexity of the case and availability of reports.
A guilty plea to a charge proceeding in the District Court will entitle you to a sentencing discount, particularly if the plea is entered early. However, the court may require pre-sentence reports, psychological assessments, or other documentation before determining an appropriate penalty. Legal representation is especially important in this jurisdiction, given the potential for custodial sentences and the greater complexity of proceedings.
Supreme Court
The Supreme Court of Western Australia is the highest trial court and deals with the most serious criminal offences, including murder, manslaughter, large-scale drug trafficking, and serious sexual offences. Proceedings in the Supreme Court are highly formal, and matters are often long and complex.
Even when a defendant wishes to plead guilty, preparing for sentencing in the Supreme Court requires significant legal expertise. The court will expect comprehensive submissions on the circumstances of the offence, the offender’s background, any rehabilitative steps taken, and applicable sentencing principles.
A guilty plea may still result in a substantial reduction in sentence, but the stakes are particularly high in this jurisdiction, making experienced legal representation critical.
Seek Legal Advice
Pleading guilty or not guilty is a serious decision that can have lasting legal consequences. You should never make this decision without first consulting a qualified criminal defence lawyer. A lawyer will assess the evidence, advise on possible defences, and guide you through the court process.
With many years of experience in the WA criminal justice system, Andrew Williams provides strategic advice tailored to the unique circumstances of each client. His expertise in negotiating with prosecutors and presenting persuasive arguments in court ensures your rights are protected at every stage of the process.
If you're facing criminal charges in Western Australia, contact Criminal Lawyer Andrew Williams on (08) 9278 2575 for confidential, expert advice tailored to your circumstances.
Frequently Asked Questions
Some people enter a plea of guilty based solely on the fact that they fear of a harsher sentence if convicted at trial. In some circumstances a person may also plead guilty as a result of poor legal advice. Entering a plea of guilty is a serious decision that should only be made after consulting with an experienced criminal lawyer. Entering a plea of guilty when you are in fact not guilty can have long-term consequences, including a criminal record for something you did not do.
In Western Australia, you may apply for a spent conviction order under the Sentencing Act 1995 (WA). If a spent conviction is granted, it means that the conviction will not appear as a public record, and generally there is no obligation to disclose the offence in cases such as employment background checks. In exercising its discretion to grant a spent conviction order the court will consider factors like:
- Prior good character
- Whether you are unlikely to commit the offence again
- Whether your particular circumstances demonstrate that you should be relieved of the adverse effect that would otherwise result from the conviction being recorded
No. However, by pleading not guilty and going to trial, you forgo the opportunity to receive a sentencing discount for an early guilty plea.
The sentence imposed after a trial may be higher, not as punishment for exercising your legal rights, but because the court and the prosecution did not receive the benefits of a timely resolution.
For simple offences in the Magistrates Court, you may be eligible to submit a written plea of guilty without appearing in person. This is only available if:
- You are not on bail
- You are not subject to a summons
- The charge is not serious
The written plea must include a clear admission of guilt, any facts you want the court to consider and any request for a spent conviction.
Submitting a written plea does not guarantee a more lenient outcome, especially if aggravating circumstances are present.
It is advisable to speak to a lawyer before submitting a written plea, as your presence in court may help with mitigation.
"No plea" usually means that the accused has not yet entered a plea. This can happen at the first or second mention when an adjournment is sought to enable the accused to obtain legal advice or to enable the defence time to consider the evidence. The court will, in these circumstances, adjourn the matter to another date for the plea to be entered at a later time.
PLEASE NOTE: The material in this blog post is for informational use only and should not be construed as legal advice. For answers to your questions regarding this or other topics, please contact a professional legal representative.
