Plea in Mitigation: A Detailed Examination of Jane Smith's Case (Law)

This legal report presents a plea in mitigation on behalf of Jane Smith, a 26-year-old defendant facing traffic offenses. The report details Smith's difficult background, including a lack of parental guidance, trauma, and substance abuse, which the defense argues contributed to her actions. The plea outlines the circumstances of the offense, highlighting her anxiety and confusion at the time, and emphasizes her cooperation with the police and her ongoing rehabilitation efforts, including separating from negative influences and seeking help for her depression. The report argues for leniency, citing her clean traffic record (with only one minor offense), her efforts to change her life, and the potential negative impact of incarceration on her rehabilitation. The defense requests the court to consider her personal circumstances, her progress, and the potential for a more positive future, and to act outside of the strict letter of the law to save a young woman who is trying to overcome her past.

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PLEA IN MITIGATION
Name
Course
Instructor
Date
University

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Personal information
The defendant is Jane smith aged 26 years. Jane smith was unlucky not to have grown
up with both parents. All parents divorced when she was only 16 years of old. Therefore, she
lacked parental guidance, love and care enjoyed by other children at such a tender age. This
made her hate her childhood and affected her overall physical, spiritual and mental stability.
There a number of instances she involved in mainly due to the nature and kind circumstances she
was subjected to at a very tender and stupid age where most children make mistakes if there is no
effective guidance and counseling1. Therefore, due to such prevailing circumstance Jane smith
started living with friends at only eighteen years where she was affected by a number
misfortunes ranging from sexual assault, trauma among others.
At only twenty years of age Jane started a relationship with one Bikie, Biffo which was
full of trouble throughout the period they were together. Therefore, Jane smith is living in a
broken family which has contributed to her current stress and anxiety. Jane smith has worked for
a number shops and restaurants as a shop assistant, waitress and barista. However, she could
have been able to get better jobs than that had it not been her bad background and bad influence
from friends. To help in eliminating the levels of stress and trauma, Jane smith resorted to using
drugs which in turn worsened her situation following her diagnosis of depression and anxiety
disorders. Jane smith have been under medication and counseling to get rid of depression. Also,
1 Burton, Kelley, Thomas Crofts and Stella Tarrant, Principles of Criminal Law in
Queensland and Western Australia (Lawbook, 2011)

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Jane smith has been trying as much as possible to stop taking drugs, unfortunately she engaged
in criminality before she had been totally rehabilitated.
Circumstances of the offence
Before Jane smith engaged in the above offences she had left one Birro. At the time the
offence was committed Jane smith was driving with two friends who included a wife and
husband and the little child2. It was clear, in the vehicle there were no car seats and one zip was
carried by her mother on the lap. By the time of the incident Jane smith was free of intoxication.
In other words she was clean. She accidentally entered into a street that was not permitted to
enter into since it was blocked for an event of cycling. The organizers told her to leave the above
mentioned place. Her reluctance to not quickly reverse was due to the crudity exhibited by the
organizers towards her. Upon the arrival of two police constable or officers she became more
anxious and confused to effectively wind down her window. Therefore, due to the level of
anxiety and confusion at the moment she made some terrible mistakes and offences which are
highly regrettable in my view.
In the process of driving off she accidently knocked some barriers there were portable.
She thought the above portable barriers were filled with sand or water and couldn’t move.
However on the sad note they easily moved since they were empty. Therefore that made her
panicky mood to escalate due to the kind of relationship she had with one biffo which was full
of terrible and ungrateful experiences. Therefore I can generally assert that had it not been
2 Berryman, Jeff and Robyn Carroll, 'Cy-près as a Class Action Remedy - Justly
Maligned or Just Misunderstood?' in Kit Barker and Darryn Jensen (eds), Private Law: Key
Encounters with Public Law (Cambridge University Press, 2013)

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because of the terrible relation she have been having with Biffo, she wouldn’t have been a
victim of the above offence. In the process some police constables or offices resorted to stopping
her while on the high way which they didnot achieve successfully. She drove away from the
police officers using a number of wrong ways down the high way to confuse them3
Summary
My, lord on the first appearance over these offences my client extremely consistent with
her explanation and pleaded guilty of having involved in such acts of criminality both
intentionally and unintentionally4. The police can effectively testify the level of cooperation she
exhibited during the process of investigations. She was very firm and at the same consistent
while explaining to police what happened and the circumstances relating to the offence. The
police my lord is my witness on this matter. She was not like other suspects who waste time for
police when they exactly know that they involved in un law full acts. In this case She exhibited a
high level of transparency and cooperation which did not only save police from time and
resources that was going to be lost during the investigation process, looking for witnesses among
other procedures5. My lord, 26 year old Jane smith is guilty of traffic offences that are
3 Criminal Investigation (Identifying People) Amendment Bill 2012 (WA)
4 LexisNexis Butterworths, ABC of Evidence (at 12 August 2013)
5 Lawbook, The Laws of Australia (at 12 May 2007)15 Equity, '15.2 Fiduciaries

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criminalized and punishable as per the existing laws and statues6, however due to the
cooperation the client has exhibited I beg for your merciful intervention to save her current
situation
Further, Jane smith is undergoing through a rehabilitation process and her aim is to
eliminate all the bad influences such as drugs, friends and others which in one way or other have
been leading her to mistakes which are highly regrettable. The first achievement my client
attained e is separating with Biffo who has been giving her a lot of nightmare. For example in the
above incident, Biffo’s experiences to a larger extent contributed to her anxiety and confusion
which resulted into wrong choices being made. Other peers and negative friends she also left
them. She wants to leave a normal and new life that is generally accepted in the society. Ms
Jane smith’s past has been so difficult often putting her into terrible dilemmas which she could
have not been to if she leaving a quite normal life style. My lord my client is trying her level
best to avoid drugs. Drugs have been one of those bad influences in her life. Because of drugs
she would fail to adhere to the laws and policies that govern traffic, end up with bad friends and
other acts. Therefore i strongly believe that this is a strong step towards avoiding circumstances
like the one she is currently entangled with7.
6 Alderton, Matthew, Michael Granziera and Martin Smith, 'Judicial Review and
Jurisdictional Errors: The Recent Migration Jurisprudence of the High Court of Australia'
(2011) 18(3) Australian Journal of Administraive Law 138
7 Williams, Neil, Civil Procedure Victoria (at I69.01.135) 5962

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My lord despite of all the bad influences and other personal challenges my client has only
one minor traffic offence. Therefore my lord, my has always tried her level best to exhibit some
level of discipline and self restraint while driving except in some few and regrettable
circumstances like the current one8. Therefore her traffic record is not quite alarming given her
age and the number of years has spent using the road in populated, overpopulated and semi
populated areas and in the absence or presence of traffic officers and other road and safety
gadgets and mechanisms which aim at promoting discipline on the road9.
My client is liable to paying a unit value equivalent to $130.55 due to the failure to
observe traffic laws and driving without attention and care. he may also be liable to
imprisonment equivalent to one year basing on the current traffic legislations and the Road
Traffic Act 1974 s59, the criminal act of 1900 s52A(1), Criminal Code 1899 s328A(4) and
others. My lord given the current status of my client and her nature of job she may not be in
position to effectively pay the fines. On the issue of sentencing my client is still being
rehabilitated therefore her incarceration may affect the overall progress she is achieving. My
lord as per the current legislations, traffic history is important in determining sentences and other
charges. As clearly stated previously my client has not committed any major offence.
8 LexisNexis, Halsbury's Laws of Australia (at 28 April2007) 85 Conflict of Laws, '1
General'
9 Thomson Reuters, The Laws of Australia (at 23 May 2013) 21 Human Rights, '4 Civil
and Political Rights'

7
My lord section ten (10) of sentencing and procedure act gives this court mandate to not
try an individual, or impose a penalty or disqualification even when he or she has pleaded guilty.
Therefore, my lord I beg you to base on this act while deciding the fate of a youth who is under
serious rehabilitation. Therefore given that she is currently undergoing through rehabilitation and
counseling some of the acts will become history. I am more than sure with counseling she will
be able to permanently leave certain habits like drug use which will help in keeping her sober
while using the road to avoid cases of going against the law as it happened in the above
convicted offence.
My lord i am very sorry for everything that happened and i am quite sure of the
consequences of the unlawful deeds of my client. My lord I beg for your kind intervention
putting into consideration of the nature of my client’s background, relationships, and the effects
of the sentence on her work, progress towards rehabilitation, her age, current and future life10.
My lord as per the offence she committed she may be suspended or permanently banned from
driving; her driving license may also be convicted given that she acted against the law11. The
custodial sentence my lord may affect the progress of my client’s rehabilitation that she is
10 Simon and Sarah Murray, 'An Elegant Convergence? The Constitutional
Entrenchment of Jurisdictional Error Review in Australia' (2011) 11(2) Oxford University
Commonwelath Law Journal 117
11 Sinden, Peter, 2013, Primary Sources of Law, lecture notes distributed in
Introduction to LAWS1104 at The University of Western Australia, Crawley (at 2 November
2013)

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currently undergoing through with positive results being registered12. Further given the age of
Jane smith , she still has room for correcting her past mistakes and turning into a good and
responsible traffic abider.
My lord your sincere intervention to save the current situation of Jane smith will be
kindly and thunderously welcomed if you ignore some of the terms in the road traffic act of
1961 to save a youth who has had a bad history and is under serious rehabilitation.
Conclusively, my lord as clearly presented the prevailing circumstances presented before
the honorable court call for effective, rational and sound judgment that not only looks at the
current life of the offender but also his future life. Therefore, my lord this court may even act
outside the law to save the circumstance and restore the future of a youth who has had a poor
background.
12 Woodley, Mick (ed), Osborn's Concise Law Dictionary (Sweet and Maxwell, 11th ed,
2009)

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Bibliography
Alderton, Matthew, Michael Granziera and Martin Smith, 'Judicial Review and
Jurisdictional Errors: The Recent Migration Jurisprudence of the High Court of Australia' (2011)
18(3) Australian Journal of Administraive Law 138
Burton, Kelley, Thomas Crofts and Stella Tarrant, Principles of Criminal Law in
Queensland and Western Australia (Lawbook, 2011)
Berryman, Jeff and Robyn Carroll, 'Cy-près as a Class Action Remedy - Justly Maligned
or Just Misunderstood?' in Kit Barker and Darryn Jensen (eds), Private Law: Key Encounters
with Public Law (Cambridge University Press, 2013)
Criminal Investigation (Identifying People) Amendment Bill 2012 (WA)
LexisNexis Butterworths, ABC of Evidence (at 12 August 2013)
Lawbook, The Laws of Australia (at 12 May 2007)15 Equity, '15.2 Fiduciaries

10
LexisNexis, Halsbury's Laws of Australia (at 28 April2007) 85 Conflict of Laws, '1
General'
Simon and Sarah Murray, 'An Elegant Convergence? The Constitutional Entrenchment of
Jurisdictional Error Review in Australia' (2011) 11(2) Oxford University Commonwelath Law
Journal 117
Sinden, Peter, 2013, Primary Sources of Law, lecture notes distributed in Introduction to
LAWS1104 at The University of Western Australia, Crawley (at 2 November 2013)
Thomson Reuters, The Laws of Australia (at 23 May 2013) 21 Human Rights, '4 Civil
and Political Rights'
Williams, Neil, Civil Procedure Victoria (at I69.01.135) 5962
Woodley, Mick (ed), Osborn's Concise Law Dictionary (Sweet and Maxwell, 11th ed,
2009)