Trials & Contested Hearings Lawyer
Cairns & Far North Queensland
You have been charged with a criminal offence and you are not pleading guilty. You want to contest the charge — because the evidence does not support it, because you have a legal defence, or because the prosecution's version of what happened is not what happened. Contesting a criminal charge is not the same as entering a guilty plea. The preparation is different, the stakes are different, and the process is different. A contested hearing requires Sacha to test the prosecution's evidence — not just present submissions about your circumstances. Sacha will tell you at the first consultation whether a defence is viable, what the prospects are, and what it will cost.
Summary Hearings in the Magistrates Court
Most criminal charges in the Cairns Magistrates Court that proceed to a contested hearing are dealt with summarily — meaning the Magistrate hears the evidence and decides the case without a jury. The prosecution calls its witnesses. Sacha cross-examines them. If you choose to give evidence, Sacha prepares you for what that involves. Closing submissions are made to the Magistrate on the evidence and the law. The Magistrate then decides: guilty or not guilty. Summary hearings typically take between half a day and a full day, depending on the number of witnesses and the complexity of the evidence. Common charges that proceed to a contested hearing include common assault, AOBH, drug possession, stealing, contravention of a DVO, and traffic offences where the elements are disputed. Whether a contested hearing is worth pursuing depends on the strength of the prosecution's evidence — not on whether you feel you are innocent. There is an important difference between believing you should not have been charged and the evidence being insufficient to prove the charge beyond reasonable doubt. Sacha assesses both and advises accordingly. → Read the full guide to summary contested hearings
District Court Trials
More serious criminal charges are committed to the District Court and tried before a judge and jury. The process is longer, the preparation is heavier, and the consequences of conviction are more significant. Charges tried in the District Court include serious assault, grievous bodily harm, wounding, drug supply and trafficking, robbery, serious fraud, and sexual offences. The maximum penalties are substantially higher than in the Magistrates Court. A jury trial involves: Jury selection — 12 jurors are empanelled from the jury pool Opening addresses — the prosecution outlines its case Prosecution evidence — witnesses are called and cross-examined by Sacha Defence case — you may choose to give evidence or call witnesses, but you are not required to Closing addresses — both sides address the jury on the evidence and the law Judge's directions — the judge directs the jury on the relevant law Verdict — the jury decides: guilty or not guilty District Court trials typically run for several days. The preparation begins months before the trial date and involves detailed review of the prosecution brief, witness preparation, and identification of every factual and legal issue that can be raised in the defendant's favour. → Read about the committal process · Read the full guide to the trial process
How a Defence Is Built
A contested hearing is not won on the day. It is won — or lost — in the weeks before it. Brief analysis. Every statement, every exhibit, every disclosed item is reviewed. Inconsistencies between witnesses, gaps in the evidence, and procedural deficiencies in how the investigation was conducted are identified before cross-examination begins, not during it. Evidentiary issues. Not everything in a police brief is admissible. Contested interview records, improperly obtained evidence, hearsay issues, and unreliable identification evidence all raise admissibility questions that must be identified and addressed before the hearing. Cross-examination preparation. Prosecution witnesses are not cross-examined to win an argument. They are cross-examined to establish specific facts, expose inconsistencies in their accounts, and test the reliability of their observations. Effective cross-examination is methodical and prepared — not improvised. Charge negotiations. Identifying weaknesses in the prosecution's evidence often leads to a negotiated outcome before trial — a reduced charge, amended facts, or withdrawal of one or more charges. Sacha explores this before any trial preparation begins.
When Is It Worth Contesting a Charge?
Not every charge should be contested. A plea of not guilty that results in a conviction after a hearing is usually a worse outcome than a well-prepared guilty plea — because the sentencing discount for a timely plea is lost, and the court's view of the offending may be less sympathetic after hearing the evidence. Sacha advises on whether a defence is worth pursuing by looking at the evidence — not just the charge sheet: Is there a legal defence? Self-defence, provocation, honest and reasonable mistake of fact, claim of right, duress — Queensland's Criminal Code provides complete defences to specific charges. If the defence is made out, the result is an acquittal. Can the prosecution prove its case? The prosecution must prove every element of the charge beyond reasonable doubt. If a critical element is weak — identification, intent, knowledge, causation — the charge may fail at trial even without a positive defence. Is a key witness unreliable? Where the prosecution's case depends on a single witness whose account is inconsistent with the objective evidence, cross-examination may be enough to raise a reasonable doubt. Is the evidence admissible? Evidence obtained unlawfully, confessions made in circumstances that raise fairness concerns, and hearsay evidence may be excluded. Admissibility challenges are dealt with before the substantive hearing. If the evidence is strong and no defence is available, Sacha will tell you that — plainly — and explain what a well-prepared guilty plea looks like instead.
Frequently Asked Questions
What happens if I plead not guilty and lose?
If you are convicted after a contested hearing, the sentencing discount for a timely guilty plea is not available. That does not mean the outcome will be dramatically worse — but it is a factor the court considers. Sacha advises on this risk before any plea is entered so you can make an informed decision.
Do I have to give evidence?
No. You have the right to remain silent throughout the trial. No adverse inference can be drawn from your decision not to give evidence. Whether giving evidence helps your case depends on the specific facts — Sacha advises on this after reviewing all the prosecution material.
How long does a contested hearing take?
A summary hearing in the Magistrates Court typically takes between half a day and a full day. A District Court jury trial can run for several days to several weeks, depending on the number of witnesses and the complexity of the evidence.
Can the charge be negotiated instead of going to trial?
Yes. In many cases, identifying weaknesses in the prosecution's evidence leads to a negotiated outcome — a reduced charge, amended facts, or withdrawal of one or more charges — without the need for a hearing. Sacha explores this before any trial preparation begins.
What if a key witness does not turn up?
If the prosecution cannot produce its witnesses on the hearing date, it may seek an adjournment. If the witness is unlikely to attend or cannot be located, the prosecution may be unable to proceed and the charge may be dismissed. Sacha advises on how to respond if this occurs.
Can evidence be excluded before the hearing?
Yes. Evidence obtained unlawfully, confessions made in circumstances that raise fairness concerns, and hearsay evidence may be excluded on application. Admissibility challenges are dealt with before the substantive hearing — and can significantly change the prosecution's case.
What is the sentencing discount for a guilty plea and do I lose it?
A timely guilty plea attracts a discount in sentencing. If you plead not guilty and are convicted after a hearing, that discount is not available. Sacha advises on this risk before any plea is entered so you can make an informed decision about whether contesting the charge is worth the additional exposure.