Trials & Contested Hearings Lawyer
Cairns & Far North Queensland
You have been charged with a criminal offence and you are not pleading guilty. You want to contest the charge — because the evidence does not support it, because you have a legal defence, or because the prosecution's version of what happened is not what happened. Contesting a criminal charge is not the same as entering a guilty plea. The preparation is different, the stakes are different, and the process is different. A contested hearing requires Sacha to test the prosecution's evidence — not just present submissions about your circumstances. Sacha will tell you at the first consultation…
Summary Hearings in the Magistrates Court
Most criminal charges in the Cairns Magistrates Court that proceed to a contested hearing are dealt with summarily — meaning the Magistrate hears the evidence and decides the case without a jury. The prosecution calls its witnesses. Sacha cross-examines them. If you choose to give evidence, Sacha prepares you for what that involves. Closing submissions are made to the Magistrate on the evidence…
District Court Trials
More serious criminal charges are committed to the District Court and tried before a judge and jury. The process is longer, the preparation is heavier, and the consequences of conviction are more significant. Charges tried in the District Court include serious assault, grievous bodily harm, wounding, drug supply and trafficking, robbery, serious fraud, and sexual offences. The maximum penalties…
How a Defence Is Built
A contested hearing is not won on the day. It is won — or lost — in the weeks before it. Brief analysis. Every statement, every exhibit, every disclosed item is reviewed. Inconsistencies between witnesses, gaps in the evidence, and procedural deficiencies in how the investigation was conducted are identified before cross-examination begins, not during it. Evidentiary issues. Not everything in a…
When Is It Worth Contesting a Charge?
Not every charge should be contested. A plea of not guilty that results in a conviction after a hearing is usually a worse outcome than a well-prepared guilty plea — because the sentencing discount for a timely plea is lost, and the court's view of the offending may be less sympathetic after hearing the evidence. Sacha advises on whether a defence is worth pursuing by looking at the evidence — not…