Bail, sentencing and criminal appeals
Important decisions may still need to be made after a person has been charged or convicted.
Members of 109 Chambers undertake bail applications, sentencing proceedings and criminal appeals, depending on the nature of the case and the barrister’s availability.
Bail
A bail application may involve questions about:
- the alleged offending;
- risk of further offending;
- interference with witnesses or evidence;
- failure to appear;
- proposed residential arrangements;
- electronically monitored bail;
- conditions protecting alleged victims; and
- the time before trial or sentencing.
Sentencing
Effective sentencing advocacy requires the court to receive accurate information about the offending, the person being sentenced and the available sentencing options.
Work may include:
- sentencing submissions;
- applications for discharge without conviction;
- sentence indications;
- cultural, psychological or rehabilitative material;
- home-detention proposals; and
- submissions concerning driving disqualification.
Appeals
A conviction or sentence may be open to appeal where an error has occurred or the outcome is legally unsustainable or manifestly excessive.
Appeal deadlines can be short. Advice should be obtained promptly.
