Understanding Your Criminal Charge

Often confusion arises as to a charge for committing an offence laid on an individual. Understanding your charge and what it entails is vital in co-operating with authorities and recognising the case at hand.

The charge will likely be the most serious on the evidence

If you are being prosecuted, the Director of Public Prosecutions South Australia’s Guidelines state,

“In the ordinary course the charge or charges laid or proceeded with will be the most serious disclosed by the evidence” (however they do not have to always proceed with the highest charge)

It is uncontroversial for individuals who commit minor portions of major indictable offences to be charged with that offence as it the most serious charge disclosed by the evidence. Recently, however, a tendency for charges to reflect the most serious charge suggested as opposed to disclosed by the evidence is causing unwarranted distress and fear among individuals charged.

Why is this the case?

Depending on the offence being prosecuted, a strong defence will raise reasonable doubt as to the offences and evidence provided. As more doubt is raised, more serious charges become harder to prove for the prosecution.

A less serious charge may be proven despite the original charge laid; however, a more serious charge may not be entered during the prosecution of the offence. Ideally this doctrine operates to ensure a just outcome from the evidence presented however in practice it highlights the importance of a strong defence.

The need for a strong defence

Like offences, all defences are not equal. The unfortunate reality is that an individual being prosecuted without a strong defence is at risk of being proven guilty of a more serious offence than the actions and intentions of the individual would naturally reflect. Do not take lightly the charges laid before or your choice of defence. It is paramount that expert legal consultation is sought, and the best defence provided.

If you need help understanding your charge or your avenues of defence in a criminal matter, Straits Lawyers are here to help. Simply send us an email at info@straitslawyers.com or give us a call on 8410 9069 to arrange an appointment for an interview.

Please note that this article does not constitute legal advice and Straits Lawyers will not be legally responsible for any actions you take based on this article.