Why does pleading guilty reduce your sentence

Inhaltsverzeichnis Show

Key Findings
Sentence Discounts for Pleading Guilty
Baseline Sentencing
Discount For A Plea of Guilty
What does section 9AA of the Sentencing Act Mean?
What Should You Know Before Pleading Guilty
1. The Presumption of Innocence
2. The Burden of Proof
3. The Standard of Proof; Beyond a Reasonable Doubt
Other Matters To Be Aware of When Pleading Guilty

Embargoed until 1:00 a.m. (AEST), Tuesday 11 August 2015

A study released today reveals for the first time who pleads guilty in Victoria’s higher courts, at what stage in proceedings people plead, and what difference the guilty plea makes to their sentence.

Key Findings

In the period studied:

Most offenders sentenced in the Victorian higher courts pleaded guilty – 72% of proven charges in the Supreme Court and 85% in the County Court.
In imprisonment cases, the most common discount for pleading guilty was a 20–30% reduction in sentence length.
There was a significant increase in early guilty pleas (at the committal stage) in the County Court, when plea timing in the five-year period studied was compared with that in the previous five years.
Young people (18 to 21 year olds) were more likely to plead guilty than older people, and young people pleaded guilty earlier in proceedings.
Those sentenced for murder were the least likely to plead guilty (48% of proven murder charges). By comparison, 97% of those sentenced for attempted armed robbery pleaded guilty. This difference may be due to differences in the strength of evidence available for different offence types, the greater stigma of some offences compared with others, and differences in the severity of the likely sentence imposed upon conviction.
Whether and when offenders plead guilty may be influenced by their age, the offence they are charged with, and the type of sentence they are facing.
Offenders sentenced to imprisonment were the least likely to have pleaded guilty (81% of proven charges), whereas for almost all charges sentenced to a youth justice centre order (98%) or a community correction order (96%), the offender had pleaded guilty.

The Sentencing Advisory Council report, Guilty Pleas in the Higher Courts: Rates, Timing and Discounts, contains analysis of 9,618 cases involving 35,902 charges sentenced in the higher courts in the five-year period to 30 June 2014.

Sentence Discounts for Pleading Guilty

Since 2008, in particular circumstances sentencing judges have been required (under section 6AAA of the Sentencing Act 1991 (Vic)) to state the sentence they would have imposed had the offender not pleaded guilty. Parliament intended this requirement to improve confidence in the justice system by making sentence discounts explicit and transparent, and to encourage defendants who intended to plead guilty to do so early.

The report shows Victorian higher courts had a very high rate of compliance with this obligation. For example, the sentence that would have been imposed if the offender had not pleaded guilty was stated in 99% of eligible imprisonment cases sentenced over the period studied.

The report also reveals details of the discounts given for guilty pleas over the period studied (for cases with a 6AAA statement). A third of offenders who pleaded guilty received a less serious type of sentence (e.g. a community correction order instead of imprisonment), and almost all of the remaining two-thirds received a shorter sentence because of their guilty plea.

In cases sentenced to imprisonment:

Pleading guilty early in proceedings (e.g. at a committal mention hearing) earned offenders a slightly greater sentencing discount than pleading guilty later in proceedings (e.g. during the trial).
Longer imprisonment sentences received smaller reductions for the guilty plea than shorter imprisonment sentences.
Two offenders sentenced for murder avoided a life sentence of imprisonment by pleading guilty. However, in one of these cases the offender was already serving a life sentence (imposed in a separate case).

In another two murder cases, the offender was sentenced to life imprisonment without parole despite pleading guilty.

Baseline Sentencing

The report cautions that the baseline sentencing scheme may increase the complexity of plea negotiations and hearings, and reduce the number of people pleading guilty to charges of the baseline offences (murder, trafficking in a large commercial quantity of a drug of dependence, sexual penetration with a child under 12, persistent sexual abuse of a child under 16, incest, and culpable driving).

Comment

Council Chair Emeritus Professor Arie Freiberg highlighted that 'This is the first analysis of its type in Victoria'.

'For the first time in Victoria, we are able to see the effect of pleading guilty on thousands of sentences. We can do this because of the very high compliance by sentencing judges with their obligation to disclose the effect of the guilty plea on the sentence.

'The reason that offenders receive a sentence reduction is to encourage them to plead guilty. There are significant benefits across the justice system when those who have committed offences take responsibility for what they have done and plead guilty, particularly when that plea is early in proceedings. The community is spared the time and expense of a trial. Justice can be delivered promptly, and victims and witnesses are spared the trauma of testifying in a trial.

'For offenders, victims, policy makers, and the community at large to have confidence in the system, the discount for pleading guilty must be transparent.'

If you are charged with a criminal offence the most important issue that you will discuss with your lawyer is whether you will plead guilty or not guilty to the charge.

Your lawyer can request the evidence from the police and ultimately make an assessment about the strength of the prosecution case against you. However you may already have a fair indication about the strength of the prosecution 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 solid legal advice that pertains to Western Australian law.

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 of the criminal justice system. Consequently an offender who pleads guilty to a charge is afforded a discount on the sentence which 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, 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. Person’s 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 strands 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 bear 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 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.

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 acccused’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.

If you have been charged with a criminal offence and want to ensure your interests and future are being protected by an experienced criminal lawyer, contact the Andrew Williams Criminal Law Offices on 08 9278 2575 to arrange an appointment 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.