If you are pleading guilty or have been found guilty of a criminal offence, the sentencing stage is critical. A well-prepared plea in mitigation can make a significant difference to the sentence you receive. McMahon Criminal Defence Lawyers prepares thorough sentencing submissions and represents clients at sentencing hearings across all Victorian courts.
Types of Sentences in Victoria
Victorian courts can impose: imprisonment (immediate or suspended), community corrections orders (CCO), adjourned undertakings (with or without conviction), fines, drug treatment orders, and diversion programs. The Sentencing Act 1991 guides courts on appropriate sentences.
What a Plea in Mitigation Involves
A plea in mitigation explains the circumstances of the offending and your personal background — covering your history and circumstances, steps taken since the offending, prospects of rehabilitation, and the impact on you and your family. A well-prepared plea can be the difference between a conviction and no conviction, or imprisonment and a community order.
Community Corrections Orders
A CCO is a flexible community-based sentence that can include unpaid community work, supervision, drug and alcohol treatment, and mental health treatment. We can present your case for a CCO as an alternative to imprisonment where appropriate.
Frequently Asked Questions
What is an adjourned undertaking?
An adjourned undertaking adjoins sentencing for up to five years on conditions. If you comply, the matter is dismissed — sometimes without a conviction being recorded.
Can I avoid a conviction?
In some cases yes. Courts can record a finding of guilt without imposing a conviction. We will advise on whether this is a realistic outcome in your matter.
What is a drug treatment order?
Available for eligible offenders with a drug dependency, involving intensive supervision and treatment as an alternative to imprisonment.
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McMahon Criminal Defence Lawyers is located directly opposite the Ballarat Magistrates Court. Call us today for a confidential consultation.
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