Your submissions

You can summarise what happened in your own words. You should tell the Court when and where the offence took place and provide brief details about the circumstances of the offence.

Your personal history includes information about:

• your age
• whether you are single or in a relationship
• dependent children
• recent personal difficulties, for example sickness, relationship breakdown, deaths, drug or alcohol issues.

Your education history includes information about:

• the name of the high school you went to and what year you finished
• any TAFE, university or college you are currently attending, or went to, as well as the course you did and when you finished.

Your employment history includes information about:

• how long you have worked at your current job and what you do
• how long you worked at previous jobs and what you did there
• if you are looking for work, what kind of work and what steps you have taken to find work.

You can also tell the Court what impact you think a conviction might have on your job or future employment.

If the Court is considering giving you a fine, they need to know about how much you are able to pay. You should tell the Court:

• if you are on a Centrelink benefit, for example, NewStart or the Disability Support Pension
• how much you earn a week after tax
• how much you pay on your mortgage or rent each week
• how much you pay on bills each week
• if you are paying off a loan or credit card, how much you are paying each week
• how much is left over after all your expenses.

You should also tell the Court about your ability to pay any fine that may be imposed.

You are 'of good character' if you are a person who contributes to the community. You should tell the Court about:

• your involvement in the community, for example, helping an elderly neighbour, P & C activities, Army Reserve, NSW Rural Fire Service
• volunteer work, for example, at the local community or neighbourhood centre, the local school, RSPCA, Surf Life Savers.

It is a good idea to get character references from any community organisations you have volunteered for.

For more information, see Character references.

If you have a criminal history and/or a bad driving record, you should not deny this. You should tell the Court:

• whether you have been charged with the same or similar offences before
• if it is the first time you have been charged with the offence you are currently before the court for
• how long it has been since you were last convicted or fined
• if most of your offences occurred during a difficult period in your life
• your need for a licence (if you're at risk of losing it).

Some offences carry demerit points in addition to a fine. If you get too many demerit points, your licence can be suspended. Your licence may also be suspended for some speeding offences.

If you are convicted, you will receive a letter from Transport for NSW about the length of your suspension.

Telling the Court about how losing your licence will impact on your or someone else may help reduce the period of licence suspension.

You can tell the Court that you are sorry you committed the offence. You should also tell the Court if you have apologised to the victim (if there was one), and whether you have paid for any damage you have caused. If you did pay for damage, it is a good idea to bring receipts.

You should tell the magistrate what orders you would like the court to make, for example, you could ask for a fine and/or for no conviction to be recorded.

You should use the words 'I would ask the court to consider...".

To help you work out what might be an appropriate order to ask for, you should get legal advice.

Circumstances of the offence

On 26 June 2014, I was travelling home from TAFE. I took the 5.14pm western line train from Central Station to Harris Park Station, as I do every day. I arrived at Harris Park at about 5:44pm. When I was about to go through the gates to leave the station, I looked in my bag for my ticket. I was emptying my bag when the Transit Officers approached me. 

The first officer asked me for my ticket. I explained to him that I couldn't find my ticket, but I had purchased a weekly ticket on Monday morning as I do every week. The second officer said it was an offence to travel on the train without a ticket. I tried to explain that I had bought a ticket and that I would never travel without a ticket. 

The transit officers said there was nothing they could do and issued me with a fine for $200.00 for "Travelling without a valid ticket".

Education history

I am currently doing a Diploma of Hospitality Management at Ultimo TAFE. I am in my 2nd year, and have one more year to go.

Employment history

I am not currently working as I am a full time student. I hope to be able to get a job in the hospitality industry once I complete my Diploma.

Financial status

I am not currently working and am receiving Youth Allowance. I receive $388.70 per fortnight. From this money I pay $37.00 per fortnight for my train ticket, $160.00 per fortnight for rent and $49.00 for my prepaid mobile. I am left with approximately $141.00 per fortnight for food, my bills and spending. I do not have any assets. My liabilities include: rent, TAFE fees, and a credit card with a balance of approximately $500.00. I have only a limited ability to pay a large fine.

Criminal history

I have never been in trouble with the police or any transit officers, and I have never been to court.

Character

I have been involved with a local youth group in my area for about 2 years. We take part in fundraisers and every Easter and Christmas we help out at a homeless shelter by serving food.

Remorse

I don’t know what happened to my ticket and I accept that I should have been able to produce it when the transit officer asked to see it. I would never have intentionally travelled without a valid ticket.

Orders sought

I ask that the Court consider the circumstances of the offence, my financial situation and my clear record and show leniency without recording a conviction.