The sentencing stage in a criminal matter is often misunderstood. Many assume that once a verdict is reached—particularly a guilty plea or finding—the outcome is largely predetermined. This could not be further from the truth. Sentencing is a distinct and critically important stage in the criminal justice process. It is where the court confirms not a guilty finding is made but to what the form and extent of any penalty that should follow. The presence of an experienced criminal defence lawyer at this stage can make the difference between whether a custodial sentence is imposed or whether the court sets an alternative to gaol, or whether a criminal conviction is recorded for more minor offences.
Everyone has the right to appear self-representing at sentencing, without a lawyer representing them, but given what is at stake, it can be a serious mistake.
Sentencing is more than an administrative step
A common misconception is that sentencing is little more than a formality, especially after a plea has been entered or a conviction recorded. But sentencing is a complex legal process governed by legislation, case law, and the discretion of the presiding judge or magistrate. It is a space where arguments matter—where advocacy can genuinely influence the result.
A skilled lawyer understands how to navigate this complexity. They put forward any mitigating circumstances, the subjective circumstances of an offender and make appropriate and reasonable submissions about the objective seriousness of the offence.
Submissions about subjective circumstances
At sentencing, the court considers not only the offence but also the offender’s background. Their personal history, any physical or mental health considerations, family situation, work, background, and prospects for rehabilitation are all relevant. These are referred to as mitigating factors—circumstances that can reduce the seriousness of the offence and warrant a lesser penalty.
In order to put forward an effective case about mitigating factors, a lawyer can assist in obtaining a psychological or psychiatric report, obtaining character references, assisting with an apology letter to the client and providing guidance to their client about any treatment courses or programs that can be completed prior to sentencing. A lawyer is also best placed in making a compelling case about why their client’s subjective circumstances warrant a reduction in the penalty at sentence.
It is not just about what is presented, but how it is delivered. Persuasive advocacy means having the understanding, skills and experience to know what submissions will resonate with the court and paint their client in the most favourable light. This is something that is particularly difficult to do as a self-represented defendant without a lawyer.
Submissions for lesser sentencing options
Not all sentences lead to a custodial sentence. Courts can impose a range of alternatives to gaol. For example, in NSW these include Intensive Correction Orders, Community Correction Orders, Conditional Release Orders, fines or No Conviction Orders.
A lawyer will assess the case carefully and determine which sentencing options are realistically achievable and how best to approach that submission with the court. If application, they will build a case for why you should remain in the community, why treatment or supervision is a better outcome than custody, and why public interest is best served through rehabilitation rather than punishment alone.
Importantly, these options are not automatically available just because you ask for them. They must be justified within the legal framework and supported by evidence—something a skilled lawyer is trained to do effectively.
Protecting your rights and ensuring procedural fairness
Even if you are found guilty at the end of a defended hearing or trial, there is still important work to be done in preparation for sentencing. You are entitled to procedural fairness at the sentence hearing, to challenge inaccurate information presented by the prosecution, and to have your sentence determined in accordance with the law. Lawyers act as your safeguard during this process.
It is not uncommon for errors to arise at sentencing— including inaccurate or inappropriate submissions by a prosecutor about purported aggravating features or characterisations about the objective circumstances of an offence or background of a defendant. A lawyer’s role is to identify any of these issues if an as they arise and make appropriate submissions against them.
The Hugo Law Group difference
At Hugo Law Group, we understand that sentencing can an incredibly stressful process for our clients. We treat it with the same level of preparation, strategic planning, and care that we apply to hearings and trials. Our team of criminal law specialists brings expertise, practical courtroom experience, and a strong commitment to trying to obtain the best possible result for our clients.
Should you or someone you know be charged with an offence which will or may involve a sentence hearing, 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) or Perth (08 6255 6909) to make an appointment to speak to one of our lawyers.
