Will Counselling Help at Sentencing?

If you are facing sentencing for a criminal offence, you may be wondering whether counselling will make a difference to the outcome of your case. 

In many situations, the answer is yes. While counselling does not excuse criminal behaviour, it can demonstrate to the court that you have taken responsibility for your actions and are actively addressing the issues that contributed to your offending. Taking positive steps before your court date is often viewed favourably by the court.

Why Does Counselling Matter?

One of the primary purposes of sentencing is rehabilitation.

If the court can see that you have already begun addressing the underlying causes of your offending, it may have greater confidence that you are unlikely to commit further offences.

Depending on the circumstances, counselling may demonstrate:

• genuine remorse;

• insight into your offending;

• a commitment to rehabilitation; and

• a reduced risk of reoffending.

Rather than simply telling the court you intend to change, counselling provides objective evidence that you have already started that process.

What Type of Counselling Is Helpful?

The most appropriate counselling depends on the nature of the offending.

Examples include:

• drug and alcohol counselling;

• anger management;

• psychological counselling;

• family violence programs;

• gambling counselling;

• grief or trauma counselling; and

• relationship or behavioural counselling.

The counselling should address the issues that are relevant to your offending. A program that has little connection to the offence is generally less persuasive than one that directly targets the underlying cause of the behaviour.

Do I Need to Finish the Counselling Before Court?

No.

Courts understand that meaningful rehabilitation takes time.

In many cases, simply commencing counselling before your court hearing demonstrates initiative and a genuine commitment to changing your behaviour.

If you are still attending sessions, your counsellor may be able to provide a letter confirming:

• when counselling commenced;

• how frequently you attend;

• your level of engagement; and

• the progress you have made.

This can be valuable evidence during a plea hearing.

Will Counselling Guarantee a Lighter Sentence?

No.

There is no guarantee that attending counselling will result in a reduced sentence.

The court must still consider:

• the seriousness of the offence;

• the impact on any victim;

• your criminal history;

• the need for punishment and deterrence; and

• all of the other sentencing principles.

However, where counselling demonstrates genuine rehabilitation and addresses the factors that contributed to the offending, it can significantly strengthen a plea in mitigation.

What Other Steps Can Help?

Counselling is often most effective when combined with other positive steps before sentencing.

These may include:

• obtaining character references;

• engaging in drug or alcohol treatment;

• seeking psychological or psychiatric treatment;

• maintaining employment;

• completing educational courses; and

• complying with any bail conditions.

The more evidence you can provide that you have taken responsibility for your behaviour, the stronger your plea is likely to be.

Should I Speak to a Lawyer Before Starting Counselling?

Yes.

A lawyer can advise what type of counselling is most relevant to your particular offence and what supporting material will be most persuasive to the court.

In some cases, a lawyer may recommend obtaining reports from a psychologist or other health professional in addition to evidence of counselling attendance.

Obtaining advice early allows you to take the most beneficial steps before your sentencing hearing.

Speak to Wilkinson Lawyers

If you are preparing for sentencing, Wilkinson Lawyers can help. We regularly advise clients about the steps they can take before court to strengthen their plea, including counselling, treatment programs and other evidence of rehabilitation. We can guide you through the sentencing process and present the strongest possible case on your behalf.

Contact Jess Wilkinson on 0468 364 121 or jess@wilkinsonlawyers.com.au to discuss your matter and obtain advice about the best way forward.