There are many factors to consider when deciding whether to plead guilty or not guilty to criminal charges. One factor alone should not be the only reason why you plead guilty or not guilty. The decision as to whether to plead guilty or not guilty is a decision that can only be made by you as the Defendant, albeit upon receiving advice from your lawyer. The relevant factors will vary from case to case, but a few of the main factors (in no particular order) can include:

1. 1. The seriousness of the charge(s) 

There are different maximum penalties for different criminal charges. Murder, for example, has a mandatory sentence of imprisonment for life with a non-parole period of no less than 20 years. Driving disqualified, on the other hand, has a maximum penalty of 12 months imprisonment for a first offence. 

1. 2. The strength (or weakness) of the evidence against you

Understanding the evidence against you is critical when considering your options. The case against you may be strong (for example you made admissions to police that you stole the item from Foodland) or it may be weak (for example if you said nothing to police and the CCTV footage is not clear enough to identify you). 

As the Prosecution must prove the charge(s) beyond reasonable doubt, you will want to consider (in conjunction with legal advice) how likely it would be that the charge(s) could be proved against you. If the answer is ‘unlikely’ you may more seriously consider pleading not guilty. 

1. 3. The discount regime 

Generally, the earlier you plead guilty, the bigger discount you’ll receive on your penalty. 

For state-based offences, the discount regime starts at 40% (or 35% / 25% depending on the particular charge) for entering a guilty plea within the first four weeks of appearing in Court. This then steps down to 5% over time, and ultimately to zero discount if found guilty following a trial. 

Whilst the Court cannot discount below mandatory minimum penalties (for example mandatory minimum licence disqualifications in drink driving matters), the difference of 40% discount can be significant. 

1. 4. The trial process 

The trial process can be lengthy and costly. It can often take two years or more from the offence date to get a trial date in the District Court or Supreme Court. The process to get there is full of Court appearances, meetings with lawyers, consideration of evidence, possible bail conditions, and many other things. The trial itself can be difficult for all involved including you as the Defendant, witnesses giving evidence, family members supporting you, and Court staff.

Having a realistic idea of how long the process could take and how much it might cost you, might assist in your decision making process. 

1. 5. The Prosecution attitude to penalty 

The Prosecution may have a particular attitude as to what the appropriate penalty is. Whilst this is not binding on the sentencing judicial officer, it may be helpful for you to know. For example, Prosecution may be supportive of a suspended sentence in a particular matter rather than seeking a sentence of immediate imprisonment. 

1. 6. Many other things!

As the decision to plead guilty or not guilty is for the Defendant to make, it is up to the Defendant to factor in any matters that they deem relevant. This might extend to financial factors, familial responsibilities, and personal preference. 

Written by Solicitor Taylor Faulting