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NSW · Criminal Law

District Court sentencing submission preparation

District Court sentencing is a serious proceeding where written submissions and expert reports are routine. This checklist walks through the preparation steps.

In short

This is a 12-step checklist for preparing District Court sentencing submissions. It covers pre-sentence reports, subjective material, authorities and orders.

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12-step checklist

The checklist

1

Confirm the plea is entered

Confirm the plea has been formally entered and the matter listed for sentence.

2

Identify the maximum penalty and standard non-parole period

Identify the maximum and any SNPP to frame objective seriousness.

Crimes (Sentencing Procedure) Act 1999 (NSW) Div 1A
3

Request a pre-sentence report

Request a Community Corrections pre-sentence report where custodial options are in play.

Crimes (Sentencing Procedure) Act 1999 (NSW) s 17D
4

Commission expert reports

Psychologist, psychiatrist or forensic reports where mental health or rehab is relevant.

5

Research JIRS statistics

Research JIRS sentencing statistics for the offence and similar circumstances.

6

Research intermediate appellate authorities

Check CCA decisions on range, totality and discount for plea.

7

Draft written submissions

Written submissions on objective seriousness, subjective factors, discount and sentence sought.

8

Prepare the subjective bundle

Subjective bundle with references, certificates, reports and rehabilitation material.

9

Prepare a Bugmy / Fernando submission if relevant

If the client is Aboriginal, prepare Bugmy and Fernando material properly.

Bugmy v The Queen (2013) 249 CLR 571
10

Consider ancillary orders

Non-association, place restriction, licence disqualification or community correction conditions.

11

Brief counsel if appearing

Brief counsel with the full sentencing bundle and submissions.

12

Prepare the client

Prepare the client for the hearing — presentation, any statement, consequences of custody.

When to use

When this checklist applies

Use this checklist in the weeks leading up to a District Court sentence hearing. Reports take time — instruct early.

Common pitfalls

  • Relying on a pre-sentence report alone
  • No JIRS research
  • Bugmy material prepared superficially
  • Expert reports commissioned too late
  • Client unprepared for custody risk
Use with Quillio

Run this checklist on a real matter

Quillio drafts sentencing submissions, JIRS summaries and subjective case bundles in current NSW format. See /practice-areas/criminal-lawyers.

This checklist is a general guide. Adapt for Commonwealth, Supreme Court and appellate sentencing.

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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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