A disputed facts hearing is a process which allows for a defendant/offender to plead guilty to, and accept the elements, of a particular criminal offence, but challenge the facts that they will be sentenced on.
A disputed facts hearing is a process which allows for a defendant/offender to plead guilty to, and accept the elements, of a particular criminal offence, but challenge the facts that they will be sentenced on.
Usually, an offender will be sentenced on an “agreed statement of facts” (often set out in a Police Facts Sheet). However, there are some situations where the parties cannot come to an agreement on a certain aspects of the facts for sentencing.
A disputed facts hearing occurs before a single decision-maker, which is usually a Local Court Magistrate, Judge of the District Court, or Justice of the Supreme Court.
Like a criminal trial or hearing, a disputed facts hearing usually involves the calling of witnesses to give evidence in open court. That witness testimony can be challenged in cross-examination by the offender, and the offender can call their own witnesses and evidence to demonstrate why the decision-maker should make a finding in their favour.
A disputed facts hearing can be a useful strategy for an offender to try and limit the seriousness of the facts that they are sentenced on. At the end of hearing all of the evidence on a disputed facts hearing, the decision-maker will determine the facts that the offender will be sentenced on.
Q: What are some common “disputed facts” which are challenged?
A: Include factors such as to the degree of planning, quantum of property or money stolen, total cost of damage caused, seriousness of injuries, type of weapon used to cause an injury, or whether an assault was caused by excessive self-defence.
Q: Is there a limit on the type of facts that are disputed?
A: There is, however, no limit on the type of facts that are disputed, and your lawyer will advise you on any benefits or risks of disputing facts in a hearing.
There is, however, no limit on the type of facts that are disputed, and your lawyer will advise you on any benefits or risks of disputing facts in a hearing.
Q: Things to consider?
A: A defendant should always keep in mind that the Court can significantly reduce any discount afforded on an early plea of guilty if a protracted disputed facts hearing occurs at the request of an offender.
The reasons for the loss of any utilitarian discount on a plea of guilty due to a disputed facts hearing is because usually important witnesses are required to be called to give evidence, significant court time and costs can be expended on hearing the matter, and if the offender loses the hearing it may be seen by the sentencing judge that the person has limited remorse and insight, meaning prospects of rehabilitation may be guarded. It may sometimes be in an offender’s interests to not challenge very minor and peripheral facts at a disputed facts hearing if it means receiving the full benefit of an early plea of guilty discount and in persuading a court of an offender’s genuine remorse.
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