Indictable offences are more serious offences, and are usually dealt with in the District and Supreme Courts of Queensland.
Common examples include assault, drug offences, manslaughter and murder.
As with summary and minor offences, when a Judge is handing down a sentence, you will have the opportunity to make submissions about “mitigating factors”, the purpose of this being to raise matters relevant to the offence that persuade a Judge to hand down a more lenient sentence.
These factors can include the reasons for the offending, the nature of the offence, your background, whether you have shown remorse, your character, the likelihood that you will re-offend, the need to deter the general public from the type of offending and public safety.
There are also certain things the Judge is obliged to take into account.
For example, if you plead guilty, the Judge must take this into account.
Another factor to consider is whether to seek that no conviction be recorded against your name, which can affect your future employment, reputation and overseas travel.
In considering your request to not record a conviction, the Judge must have regard to:
- The nature of the offence
- Your character and age
- The impact that recording a conviction will have on your economic or social wellbeing, or chances of finding employment
Judges are required to take into account or disregard certain factors depending on the nature of the offence and the circumstances surrounding its commission.
When facing more serious criminal charges, there is the real possibility that you could receive probation, a suspended sentence or an actual term of imprisonment.
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