How to write your submissions
What you say to the Judge at sentence, structured under the four matters the court must consider, with the words for each part.
15.1What submissions are
Purpose
Submissions are what you say to the Judge after your plea and before sentence. The Judge will have your documents in front of them. Your submissions are the spoken layer on top: the points you want the court to hear directly from you, in order, briefly. In the Local Court they take three to five minutes for a self-represented person. Longer than that loses the court.
Prepare them as numbered dot points on one page, not as a speech. A script sounds like a script, and a Judge who interrupts with a question, which they will, derails a script completely. Dot points let you answer the question and return to where you were.
15.2The structure: the four s 10(3) matters
Framework
Lesson 9 explained that before the court can withhold a conviction it must consider four things. Organise your submissions under exactly those four headings, in that order, and tell the Judge that is what you are doing. It signals that you understand the test and it makes the Judge's job easier, which is the most persuasive thing a self-represented person can do.
1. Character, antecedents, age, health, mental condition. Your record or absence of one. Your work, study, family. What the references say, in one sentence each. Any health or mental health matter that is relevant and evidenced.
2. The trivial nature of the offence. The quantity, personal use, no other person involved, no aggravating feature in the facts sheet. Be careful with the word trivial: say the offence "sits at the lower end of seriousness for this type of offence", which is the language the Judge uses.
3. Extenuating circumstances. Anything about the context of the offence that explains without excusing: the period you were in, what led to the use, what has ended.
4. Any other matter. This is where the consequences of a conviction go: employment, registration, travel, visa. And where the program, the early plea, cooperation with police, and the steps since sit if they have not already come up.
Legal basis: Crimes (Sentencing Procedure) Act 1999 (NSW) s 10(3). This is a summary for general understanding. The full provision is more detailed and may not apply in all circumstances.
15.3The words
Script points
Opening. "Your Honour, my name is [name]. I am representing myself. I have pleaded guilty. I have some documents I would like to tender: three references, a letter from me to the court, and a letter from [program] confirming my attendance." [Hand them to the court officer. Wait while the Judge reads.]
Framework. "Your Honour, I would like to address the four matters under section 10(3), and then say what I am asking for."
1. Character. "I am [age], I work as [role] at [employer] and have done for [time]. I have no criminal record. [Or: My only prior matter is [X] in [year], which is unrelated.] The references are from [who], [who] and [who]. [One sentence on the strongest thing each says.]"
2. Seriousness. "The offence involved [quantity] of [drug] for my own use. There was no other person involved and no suggestion of anything beyond personal possession. I accept it is an offence and I say it sits at the lower end of seriousness for this type of offence."
3. Circumstances. "At the time [context, one or two sentences]. That is not an excuse. I mention it because it has ended, and because it is why I did [program]."
4. Other matters. "I pleaded guilty at the first opportunity and I cooperated with police. I enrolled in [program] on [date], before my first court date, and I have completed [X] sessions. A conviction would [specific consequence], which I set out in my letter."
Ask. "Your Honour, I ask the court to deal with the matter without recording a conviction, under section 10, and I would accept any conditions the court thinks appropriate. If the court is against me on that, I ask that any fine take into account [income]."
Close. "Those are my submissions, Your Honour."
The fallback in the ask matters. If the Judge has decided on a conviction, you want the next-best result already on the table, not to be standing there with nothing to say.
15.4Handling questions
Responding
The Judge will ask things. How much did you use. How often. Why. What has changed. Whether you are still using. Answer each question directly, in one or two sentences, without a speech. "How often were you using?" "About once a fortnight, at social events, for about a year, Your Honour." Then stop. Do not fill silences. If you do not understand a question, say so: "I'm sorry, Your Honour, I don't understand the question." Lesson 24 covers this in more depth.
If the prosecutor says something you disagree with, do not interrupt. Wait until the Judge looks at you, and say "Your Honour, may I respond to that?" Then respond to that one point only.
15.5Rehearsal
Practice
Say your submissions out loud, standing up, to another person, at least twice. Have them interrupt you with the questions above. The aim is not to memorise. It is to know the material well enough that a question does not cost you your place.
Write your submissions on one page under the four headings and the ask. Number the points. Read them aloud once now, with a timer. Over five minutes, cut.
If the ask has to be more than section 10
If your realistic target is a community correction order rather than a non-conviction outcome, the submissions change shape: they are about conditions, supervision and suitability rather than the s 10(3) matters. That is a different hearing, and a consultation with the lawyers who built Standard before it is worth having.
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