Committal Hearing Lawyer Cairns — Fixed Fee
$5,800 — Fixed Fee
Committal hearing — $5,800 fixed Covers : full review of the prosecution brief, assessment of cross-examination application, disclosure management, preparation for and appearance at the committal hearing in the Cairns Magistrates Court. No hidden fees. One invoice. This fee applies to matters headed to trial — where you intend to contest the charge. If you are pleading guilty in the District Court, the committal is included in the District Court Plea fee ($12,000) and you do not need to engage separately. All fees +10% GST.
- Committal hearing — trial track: $5,800
What Is Included
Full review of the prosecution brief — witness statements, physical evidence, forensic material, body-worn camera footage Advice on the strength of the prosecution case and realistic prospects at trial Assessment of whether an application to cross-examine prosecution witnesses at the committal stage is warranted Disclosure management — identifying gaps in the prosecution material and requesting outstanding disclosure from the prosecution Preparation of any necessary written submissions for the committal hearing Full appearance at the committal hearing in the Cairns Magistrates Court Post-committal advice on the outcome and what happens next — whether the matter is committed for trial, committed for sentence, or discharged
What a Committal Hearing Is
Before a serious criminal charge can proceed to trial in the District Court, it must first pass through the Magistrates Court at a committal hearing. The Magistrate examines the prosecution evidence and decides whether there is sufficient evidence to put you on trial. Most committals in Queensland are now "paper committals" — the prosecution presents its brief, and the Magistrate makes the sufficiency decision on the documents. The test is not whether you are guilty. It is whether the evidence, taken at its highest, is capable of satisfying a jury beyond reasonable doubt. That is a lower threshold than a trial. In some cases, an application can be made to cross-examine prosecution witnesses at the committal stage. These applications require leave of the court under sections 83A and 110A of the Justices Act 1886 (Qld) and are subject to strict limitations — the Magistrate must be satisfied there are substantial reasons why, in the interests of justice, a witness should attend to give oral evidence. Even where leave is granted, cross-examination is limited to the issues that justified the direction, unless the court is satisfied there are substantial reasons to go further (s 110C). Where the evidence supports such an application, it can be an important strategic tool. A prosecution witness whose account changes or weakens under cross-examination at committal is a witness the prosecution must consider carefully before trial. Possible Outcomes Committed for trial — the Magistrate finds sufficient evidence exists and the matter proceeds to the District Court for trial Committed for sentence — you elect to plead guilty at the committal stage and the matter proceeds to the District Court for sentencing only Discharged — the Magistrate finds insufficient evidence and the matter does not proceed. This is uncommon but not impossible, and Sacha assesses every brief with this outcome in mind
Why the Committal Matters
The committal stage is not a formality. It is the first point at which the prosecution's evidence is tested — and the last opportunity before trial to identify weaknesses in the case that can shape your defence strategy. Disclosure. The prosecution must serve a full brief of evidence before the committal. This is where gaps in the evidence are identified — missing CCTV, outstanding forensic results, witnesses who have not been interviewed, or statements that are inconsistent with other evidence. Sacha manages the disclosure process to ensure you go to trial with a complete picture of the prosecution case. Case assessment. The committal brief is the foundation of the trial defence. Sacha reviews every statement, every exhibit, and every piece of forensic material to identify the contestable elements — where the prosecution is weakest and where the defence case is strongest. This assessment informs every decision from this point forward: whether to trial, what the defence case looks like, and what expert evidence is needed. Strategic value of cross-examination. Where a cross-examination application is granted, the committal hearing produces a transcript. That transcript locks the prosecution witness into an account. Any departure from that account at trial can be used to challenge the witness's credibility.
What Sacha Focuses On
The committal stage is where the trial preparation begins. Every piece of prosecution evidence is reviewed — not as a summary exercise, but as the start of identifying the defence case. Sacha focuses on three things at the committal stage: Completeness of the brief. Is everything disclosed? Are there missing witnesses, outstanding forensic results, or gaps in the physical evidence? If the prosecution brief is incomplete, Sacha pursues disclosure before the committal proceeds. Sufficiency of the evidence. Does the evidence, taken at its highest, support the charge? Where it does not, Sacha makes submissions to that effect at the committal. A discharge at committal — while uncommon — avoids a trial entirely. Cross-examination opportunities. Where a prosecution witness's account is inconsistent, implausible, or contradicted by other evidence, Sacha assesses whether a cross-examination application is warranted. These applications are selective — they are made where they will genuinely advance the defence case, not as a matter of course.
FREQUENTLY ASKED QUESTIONS
What is the difference between a committal and a trial? A committal is a Magistrates Court hearing that determines whether there is enough evidence to send a matter to the District Court for trial. A trial is the District Court hearing — before a jury or, where a no jury order is made, a judge alone — where the court decides whether the prosecution has proved the charge beyond reasonable doubt. The committal fee covers the committal stage. The trial fee covers the trial itself. Can I plead guilty at the committal? Yes. If you decide to plead guilty, the Magistrate will commit the matter to the District Court for sentence. The committal fee covers the appearance. The sentencing stage is then covered under the District Court Plea fee . What if the matter is discharged at committal? If the Magistrate finds insufficient evidence, the matter does not proceed and you are discharged. The prosecution can, in limited circumstances, present a fresh indictment — but this is uncommon. A discharge at committal is a significant outcome. Is the committal included if I am pleading guilty? Yes. If you are pleading guilty in the District Court, the committal process is included in the District Court Plea fee ($12,000 or $15,300) . The standalone committal fee ($5,800) applies only to matters headed to trial. How long does the committal process take? From charge to committal typically takes several months, depending on the complexity of the brief, the extent of outstanding disclosure, and the court's listing schedule. Sacha will give you a realistic timeline once the brief is received. Can prosecution witnesses be cross-examined at committal? Yes, with leave of the court. Under sections 83A and 110A of the Justices Act 1886 , the application must satisfy the Magistrate that there are substantial reasons why, in the interests of justice, the witness should attend to give oral evidence. If leave is granted, cross-examination is generally limited to the issues that justified the direction (s 110C). Sacha assesses every brief for cross-examination opportunities and will advise whether an application is worth making in your case.