Originally Posted by possumheart
Does anyone know if there are situations where lawyers/barristers advise clients to plead guilty?
If so, does that mean that the details of the crime are then supressed?
There are often situations where the client is advised to plead guilty.. there is an automatic discount in sentencing for pleading guilty, sometimes its about 20% off the desgnated penalty.. sometimes less, sometimes more...it doesnt follow that the client follows this advice, though.
The details of the crime are never supressed, really. They are summed up in the sentencing of the perpetrator by the judge, in very elegant straightforward terms that have the ring of utter total ghastliness and are usually up on the Australasian Legal Information Institute website within hours of that pronouncement. AustLII
The only supression that I am aware of is if the perpetrator is underage, and then the initials only are used... but the crime itself is outlined, from start to finish.
The lawyer has the job of assessing the evidence and advising the client on the basis of that and the client's instructions. They cannot ethically advise a client on how to plead. That must be fully the client's decision. They can explain the consequences of a guilty plea. For murder there is no sentencing discount in Qld so often an accused will just roll the dice and see if the Crown evidence all comes up to scratch. On occasion, cross examination will castr doubt on the strength or reliability of the evidence of a witness. Sometimes errors will be uncovered in the way forensic evidence has been dealt with or intepreted. If there is a guilty plea to murder then the circumstances are not likely to be discussed in any depth at sentencing. The penalty is pre-set and the Crown will not have tendered its evidence as to the circumstances at trial.
If there is a plea of guilty to manslaughter then there can be a sentencing discount. To be of any signficiant quantum though, it needs to come fairly early on as the discount is largely for saving the time, expense and trauma of a trial, not for any show of remorse or contrition of the offender. Those latter things can be a separate mitigating factor. All IMO.