Consideration of Additional Charges

In proceedings relating to the principal offence, the prosecutor may file a document specifying other offences with which the offender has been charged but not convicted. These are offences the offender has indicated they wish the court to take into account during sentencing for the principal offence.

The list of additional charges may be filed at any time after the offender is found guilty of the principal offence but before sentencing. A copy of the filed list must be provided to the offender.

This list must be signed by both the offender and the Director of Public Prosecutions (or a representative thereof).

The sentencing court may consider the additional charges if:

• the offender admits guilt to each additional offence;
• the offender requests that each offence be taken into account during sentencing;
• the court, having regard to all relevant circumstances, considers it appropriate; and
• the Local Court has jurisdiction over the additional offences.

If an offence is taken into account, the court must certify this on the list. No further proceedings may be initiated or continued in respect of such an offence unless the conviction for the principal offence is later quashed or set aside.

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Mark Racca

Principal Solicitor & Director
LLB, GradDipLegPrac, MPA

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