Plea in mitigation preparation
Preparation is what separates a good plea from a poor one. This checklist walks through the standard steps.
This is a 12-step preparation checklist for a NSW plea in mitigation. It covers facts, subjective material, sentencing options and the written submission.
The checklist
Agree the facts
Negotiate and agree an accurate statement of facts with prosecution. Identify any disputed facts.
Review the antecedents
Review the client's prior criminal history. Flag any spent convictions.
Assess objective seriousness
Analyse the objective seriousness under the sentencing principles.
Gather subjective material
Background, employment, family, health, rehabilitation, remorse and insight.
Obtain character references
Obtain signed character references from appropriate referees.
Consider expert reports
Psychological, psychiatric or forensic reports if mental health is relevant.
Identify diversion options
Section 10, conditional release order, community correction order or ICO.
Research comparable sentences
Research comparable sentences from JIRS and intermediate appellate decisions.
Draft written submissions
Draft written submissions covering objective seriousness, subjective factors and sentence sought.
Prepare remarks for the client
Discuss with the client how to dress, behave and any apology to the court.
Confirm orders required
Identify any ancillary orders — driver licence, AVO, non-association orders.
Confirm listing and court room
Confirm the listing, court room, magistrate/judge and bail status.
When this checklist applies
Use this checklist in the days before any sentence hearing. Subjective material takes time — start early.
Common pitfalls
- Disputed facts left unresolved at the plea
- Subjective material gathered at the last minute
- Character references that do not comply
- No comparable sentences researched
- Client not prepared for the hearing
Run this checklist on a real matter
Quillio drafts plea submissions, subjective case summaries and JIRS research briefs in current NSW format. See /practice-areas/criminal-lawyers.
This checklist is a general guide. Adapt for Commonwealth and serious indictable sentencing.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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