Written by Doogue + George Directors Andrew George and Kristina Kothrakis, this guide walks through what happens when someone pleads guilty to a criminal charge in Victoria, and why the process, known as a plea in mitigation, matters so much to the final outcome. It explains that the vast majority of criminal cases involve a guilty plea, and that the job of the defence lawyer is to resolve the case on the most appropriate charge and put the client’s circumstances properly before the Court.
The guide sets out the process step by step, from first mention through to sentencing in the Magistrates’ Court, and from filing hearing through to the plea and sentencing hearing in the County or Supreme Court. It explains what actually happens during a plea in mitigation, including the prosecution opening, the defence submissions, and how a well conducted plea that properly informs the Court about who the offender is, not just what they did, can make a real difference to the result. It also covers the Diversion program, including who’s eligible, what happens if diversion is granted or refused, and which agencies may still have access to a diversion outcome.
There’s detailed guidance on what makes a good plea, the risks and considerations involved in running a contested plea, and how a sentencing judge weighs up offence gravity, the offender’s circumstances, and the recognised purposes of sentencing such as punishment, deterrence, rehabilitation and community protection. The guide finishes by explaining the difference between a sentence with and without conviction, when a conviction can become automatically spent under the Spent Convictions Act 2021, and which serious offences are excluded from that process.
Getting this right can make a real difference to your future. Contact our lawyers now for expert advice and support if you’re facing a criminal charge.
