Summary offences are minor offences that are heard in the Local court. The maximum penalty for a summary offence in the local court is two years imprisonment. If the prosecution and defence agree, then some indictable offences can also be dealt with summarily.
Guilty plea
A plea of guilty is a matter for mitigation in sentencing and referred to in Section 22 Crimes (Sentencing Procedure) Act 1999 (NSW). According to the section, when sentencing, the court is to consider:
- The offender’s guilty plea, and
- Timing of the guilty plea, and
- Any other circumstances in which the offender indicated an intention to plead guilty.
In R v Thompson; R v Houlton (2000) 49 NSWLR 383, the court stipulated that, in most cases, a plea of guilty should result in a discount between 10-25% off the sentence imposed depending on the timing of the plea, in order to reflect the utilitarian value of the plea.
More recently, in R v Borkowski (2009) 195 A Crim R 1, the court set out at [32] ‘principles of general application’ to be applied by the sentencing courts in relation to the discount:
- The discount is to be determined by the timing of the plea,
- Some allowance may be made in determining discount if the trial would have been complicated or lengthy,
- The discount does not reflect any other considerations,
- The discount does not take into account the strength of the prosecution case,
- There is no component for remorse in the discount,
- Where there are multiple offences, the utilitarian value of the plea should be considered for each offence,
- There may be offences so serious that no discount should be given,
- The reason for delay in plea is irrelevant,
- The utilitarian value of the discount is less when there has been plea bargaining,
- If a plea is rejected by the crown but is consistent with a jury verdic. It can lead to a discount even when there is no utilitarian value, and
- The discount can result in a different type of sentence.
It should be noted that the sentencing court is not permitted to penalise an offender for pleading not guilty as per Siganto v The Queen [1998] HCA 74.
Pannu Lawyers are located conveniently close to Blacktown Local Court and appear daily in Local Court of NSW, District Court of NSW and the Supreme Court of NSW. If you are charged with criminal offences and/or traffic offences, call our office on 02 9920 1787 to make an appointment.
