4 / 10 / 2024

Letters of Apology for Sentence Hearings

Letters of apology can be a great tool used during criminal law proceedings where a person enters a plea of guilty to an offence and is to be sentenced by the Court.

The letter can assist the legal representatives to craft submissions of the demonstrated remorse and contrition to persuade the Court, which can have a material impact on the sentence imposed.

In the letter, the offender will ordinarily take responsibility for their conduct, express any regret and outline the steps taken on their rehabilitation journey. In some instances, it is appropriate for the letter to acknowledge and apologise for any harm caused to the community and/or victims. This can be a significant factor in sentencing consideration where the offender demonstrates insight.

What should the letter look like?

The letter should be formalised addressed to “The Presiding [Magistrate/Judge]” at “ [location]”.

The letter should include the date and be signed, with your name printed underneath.

In most cases, it should not be longer than one to one-and-a-half pages.

What should be included in the letter?

Whilst there is no strict set of rules surrounding how a letter should be structured, it is important to reference some features, including but not limited to:

  1. Your background;
  2. Explicit reference to your acceptance of the guilty plea to the offence(s);
  3. Explain the circumstances of the offence(s);
  4. Your feelings towards the offence(s) and/or your behaviour;
  5. Details of any rehabilitation (for example seeking mental health support, financial counselling, abstaining from drugs or alcohol);
  6. Any other material considered relevant on sentence, including the need for a licence and/or the effect of a conviction.

What should not be included in the letter?

By virtue of the plea of guilty, the letter should demonstrate an acceptance of that plea. The letter should not seek to minimise the conduct, provide excuses or victim blame.

Each letter to the Court needs to be individually assessed when considering the case as a whole. If you are entering a plea of guilty, please contact our team who can provide you with tailored advice as how best to approach your letter of apology and sentence.

Should you or someone you know be charged with an offence, it is essential you receive legal advice from an experienced criminal defence lawyer at any early stage. To discuss your options, call Hugo Law Group in Sydney, NSW (02 9696 1361), Canberra (02 5104 9640), Perth (08 6255 6909) or Northern NSW (02 5552 1902) to make an appointment to speak to one of our lawyers.

Elleni Zacharia

Elleni Zacharia

Elleni has a deep understanding of criminal law and procedure, advocacy and strategy through exposure to a wide range of criminal matters. She has practised exclusively as a criminal defence lawyer in her legal career. She has worked in a number of high-profile and complex matters, including murder and sexual assault.
Elleni regularly appears in all jurisdictions across NSW in applications, hearings, sentences, trials and appeals. She also has interstate experience in Queensland.