The verdict and sentence
At the end of a court case, the jury (for a jury trial) or the judge (where there is not a jury) makes a decision about whether the person accused of the crime is guilty or not guilty. This is called the verdict. In some cases, such as when a jury cannot reach a decision, there may be another trial.
You can ask to read from your victim impact statement at the sentencing hearing or have someone else read it for you. This will need to be arranged with the judge. Talk to your police officer in charge or court victim advisor to help with this.
If the person accused is found not guilty, they are acquitted and free to go. This may be unexpected for you and you may want to talk this over with your court victim advisor or support worker.
If the person is found guilty, a date is set for their sentencing. You can go to the sentencing hearing if you want to, but you don’t have to. The judge will look at your victim impact statement as part of making a decision about the sentence. If the judge agrees, you or someone you choose can also read out all or part of your statement in court at the sentencing hearing. Ask your court victim advisor or police officer in charge to make the request to the judge for you.
Restorative justice
Depending on the circumstances of your case, and if both you and the offender agree, there may be an opportunity for you to meet the offender and tell them how their crime has affected you. They will also have the opportunity to apologise to you. You can also both discuss how the offender might take steps towards making things right. It is your choice if this meeting takes place. The meeting is run by a skilled facilitator and is called a restorative justice conference. You will get help to prepare for the meeting from the facilitator, and you can also get support from Victim Support or any other agency you are working with, as well as having support people at the meeting with you. The judge will consider what happened during this meeting and the result when they decide a sentence.
Sentencing
In making a decision about an appropriate sentence, the judge will take many factors into account, such as what sentences have been given for other crimes like this and reports about the offender (the person who was found guilty). There are several possible sentences, including prison, home detention, community work or supervision with conditions. The sentence could also be a fine or include an order for money to be paid to you, called reparation. In cases of domestic violence, a protection order may also be issued at sentencing.
Appeals
Both the prosecutor and the offender have the right to appeal the verdict and the sentence. This means a higher court will look at the case again. The prosecutor will talk to you if this happens.
