Plead Not Guilty

What is a contested hearing?

• A contested hearing is the final stage in summary proceedings in the Magistrates Court and is an opportunity for defence to cross examine any witnesses the prosecution intend on calling to prove their case. Unlike case conferences or contest mentions, a contested hearing will usually take a day or multiple days to complete. After hearing all of the evidence the magistrate will make a decision whether the elements of the charge have been proven beyond a reasonable doubt. Unless the magistrate is satisfied beyond a reasonable doubt the magistrate must find the accused not guilty and strike out the charges. 

What is the purpose of a Contested Hearing?

• Under 1% of matters reach a contested hearing. At a contested hearing, the defence will have the opportunity to cross-examine all prosecution witnesses and call any witnesses deemed relevant to the defence.
• This is why the preliminary hearings are so important. They are our opportunity to obtain all the information we can about the witnesses, which we then use to cross-examine those witnesses.
• The purpose of cross-examination is to examine a witness using multiple sources of information to discover any inconsistencies in what the witness is saying, to create doubt in the mind of the magistrate hearing the matter.
• A magistrate has to be satisfied beyond a reasonable doubt before finding an accused person guilty of an offence. It is not for the defence to prove anything and the burden of proof rests with the prosecution. 

What Happens After a Contested Hearing?

• If a magistrate finds you guilty the magistrate can either proceed to hear a plea in mitigation and impose a sentence or agree to adjourn the matter to allow you time to prepare a plea in mitigation along with the appropriate plea materials. 
• Regardless of the outcome here, you will have a right to appeal the decision to the County Court if you are unhappy with the outcome. 
• If the magistrate find you not guilty, you will be free to go. The charges against you will be struck out and there will be nothing recorded against your criminal record. 
• A costs application will often follow a finding of not guilty. This is where your advocate following the ruling will ask that magistrate award costs against Victoria Police. The relevant section in relation to a costs application is 401 of the Criminal Procedure Act 2009.  We have recouped hundred’s of thousand of dollars for our clients over the years, following findings of not guilty in the Magistrates Court. 

Will I be Convicted if I am Found Guilty after Pleading Not Guilty?

• Not necessary, but it is more likely given you will lose any credit you might have received for an early plea of guilty. 
• It also depends on the seriousness of the matter that you have contested and the state of the evidence at the conclusion of hearing. It might be the case that a magistrates finds that although you were guilty, your conduct was not as bad as police were originally alleging or it might be apparent that based on the evidence there were extenuating circumstances. 
• There is no clear cut answer to the above question other than, it may be possible to avoid a conviction following a plea of not guilty, which would call into operation the spent conviction legislation in Victoria. Be aware the spent conviction legislation does not apply to Commonwealth sentencing. 
• It all depends on the nature of the offence and the factual findings made by the magistrate following the conclusion of the contested hearing, along with any section 8 of the Sentencing Act, submissions that were made. 

What Happens if You are Found Guilty After Pleading Not Guilty?

• Both at common law and under the Sentencing Act 1991, the court is required to provide credit to an accused person for pleading guilty at an early stage, see section 5(2)(e) of the Sentencing Act 1991 which states;
  • whether the offender pleaded guilty to the offence and, if so, the stage in the proceedings at which the offender did so or indicated an intention to do so; is an important consideration for the court. 
• The Courts have consistently acknowledged the public interest in an accused person pleading guilty at an early stage as it saves witnesses reliving the trauma of the original incident. 
• The Courts have also acknowledged that an early resolution of a matter assists in relieving the congestion of the court lists and restores the public confidence in the criminal justice system.
• Consequently the reverse applies if you run a contested hearing and lose, then you will not get the credit from the court that you might have got, if the matter had resolved early. 

All that said, the above is never a reason to plead guilty. If your instructions are that you are not guilty, then you can and should run the matter to a contested hearing, as the consequences of accepting responsibility for criminal conduct that you did not commit, can be far reaching. 

The truth is that many of our victories have occurred well before the actual contested hearing, either by narrowing the issues, obtaining further materials, or both.

See here if you are interested in pleading not guilty in the County & Supreme Courts.

If you intend to plead not guilty, it is important that you engage experienced lawyers to ensure that you give yourself the very best chance of being found not guilty.

Dribbin & Brown Criminal Lawyers have handled and won hundreds of contested hearings in the Magistrates’ Court. If you are pleading not guilty in a criminal matter, call our office today.