When there is no bail in a matter the police give a defendant a yellow slip called a "Written Notice of Pleading".
This gives the defendant the option of avoiding going to court by completing the form and informing the court whether they wish to plead guilty or not guilty.
I've had numerous clients tell me that the police have told them that they should complete the form and avoid court and that they will have no trouble in obtaining a section 10, that is their charges are dismissed and the court not proceed to conviction.
This often is simply not the case.
The written notice of pleading is usually considered by the Magistrate at the end of the day after they have completed the face-to-face business of the court.
They will then make their decision purely based on what is in the written notice of pleading and the prosecution case.
Not only does it appear that the defendant is not interested in the court process by not being there, the defendant or the defendant's lawyer aren't in court to provide further information to the Magistrate or answer any questions that they may have. The defendant or the defendant's lawyer aren't there to essentially explain why the incident in question happened.
Furthermore, the defendant or the defendant's lawyer aren't at court to provide additional relevant information about the defendant personal circumstances. Nor are they there to provide references or medical reports relevant to the case.
All the Magistrate has to go off is what is filled in on the small piece of paper in the Written Notice of Pleading.
My advice is to not complete the written notice of pleading and to engage a lawyer to represent you at court.
If you do complete a written notice of pleading and you are dissatisfied with the result, you have a right of appeal on the basis of severity to the District Court of New South Wales. Such appeal must be lodged within 28 days. It can be lodged after 28 days but not later than 3 months with leave of the court.
The only way to appeal after 3 months is by way of an appeal to the Supreme Court on the ground of an error of law.
John Vizzone, barrister, appears in all types of criminal matters in the Local, District and Supreme Court. If you have a query you can contact him at johnvizzone@mayburychambers.com.au or 0416167690
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