StandardCriminal Law
Lesson 16 of 20
Working draft for principal review. Items marked "review" are legal-basis points written from memory and awaiting confirmation before release.
Module 4, Lesson 16

What to say at each stage

The words for every moment of a guilty-plea driving matter, including the Section 10 ask and the fallback.

Reading time 3 minCharge s 111 Road Transport Act 2013, first offenceApplies to NSW Local Court

16.1The plea and the facts

The plea is entered on the charge as read. The prosecutor tenders the facts sheet and the certificate; the practitioner confirms the facts are agreed or identifies the specific disagreement. For a s 111 matter disagreements are usually about surrounding circumstances (why the vehicle was stopped, what was said at the roadside) rather than about the elements, and the practitioner decides in advance whether any disagreement is worth raising given the narrow sentencing range.

16.2The tender

The subjective material is tendered as a bundle with an index: program certificate, references, letter, licence-need evidence, any medical material. The court officer hands it up. The practitioner does not read it aloud.

16.3The submission and the ask

Three minutes, structured as in Lesson 14. The ask is put in terms, once, and the fallback immediately after. The practitioner then stops. A submission that continues after the ask, or that repeats it, reads as anxiety.

16.4If the Judge indicates against s 10

Some Judges indicate a view before the submission concludes. The practitioner does not argue with an indication; the response is to move to the fallback and to make the disqualification-length submission fully. The record on disproportion is already in the folder and can be relied on if an appeal is later contemplated.

For the file

What a practitioner records at this stage

The plea, the facts position, what was tendered, what was asked, what was indicated.