Question 1

How is the trial fee determined?

Accepted Answer

The fee depends on the expected length of the trial, the number of prosecution witnesses, the complexity of the legal issues, and whether expert evidence is involved. Sacha quotes the fee after reviewing the prosecution brief and assessing the scope. You will know the cost before any commitment is made.

Question 2

What if I am acquitted?

Accepted Answer

If the court returns a verdict of not guilty — whether by jury or judge alone — you are discharged immediately. The charge is over.

Question 3

What if I am convicted at trial?

Accepted Answer

If you are convicted, the matter proceeds to sentencing. Sentencing submissions and the sentencing hearing are included in the trial fee — there is no additional charge. Sacha prepares the submissions and appears at the sentencing hearing. An appeal to the Court of Appeal is available within 1 month of the conviction or sentence. See Criminal Appeals — Fixed Fee .

Question 4

Do I have to give evidence at trial?

Accepted Answer

No. You have an absolute right to silence. You are never required to give evidence, and the prosecution cannot comment adversely on your decision not to. Whether to give evidence is a tactical decision made with full advice from Sacha, having regard to the strength of the prosecution case, the nature of your defence, and the risks involved.

Question 5

What is the difference between a committal and a trial?

Accepted Answer

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 ($5,800) covers the committal stage. The trial fee covers the trial itself.

Question 6

How long does a District Court trial take?

Accepted Answer

Trial length depends on the number of prosecution witnesses, the complexity of the evidence, and whether expert evidence is involved. Simple matters may take 1–2 days. Complex matters — multiple counts, multiple witnesses, expert evidence — can run for a week or more. Sacha will give you a realistic estimate after reviewing the brief.

Question 7

Can I have a judge-alone trial instead of a jury?

Accepted Answer

Yes. Under sections 614 and 615 of the Criminal Code , you may apply to the court for a "no jury order" — a trial by judge sitting alone, without a jury. The court decides whether to grant the application, applying an "interests of justice" test. The court considers factors such as the complexity of the trial, the risk of jury prejudice, and pre-trial publicity. A judge-alone trial may be appropriate where the issues are legally complex, where there is a risk of prejudice, or where the nature of the evidence makes a judge better placed to assess it. Sacha will advise on whether a no jury order application would be in your interest and the prospects of it being granted.

Question 8

Can the charges be negotiated before trial?

Accepted Answer

Yes. Negotiations with the DPP on charges and the statement of facts continue up to and sometimes during the trial. Where a lesser charge is offered and the evidence supports the offer, Sacha will advise on whether acceptance is in your interest. The decision is always yours.

District Court Trial Lawyer Cairns — Fixed Fee

What Is Included

How a District Court Trial Works

When a Barrister Is Involved

What Sacha Focuses On

FREQUENTLY ASKED QUESTIONS