News · Criminal law explainer
How do you plead guilty or not guilty in NSW?
How you plead is the single most important early decision in a criminal case, and it should be made with advice, not in a rush. This note explains what pleading guilty and not guilty mean in New South Wales, the discount for pleading early, and why reading the brief of evidence comes first.
By Aaron Kernaghan · Published 3 September 2026
Pleading guilty means you accept the charge and the matter moves to sentence. Pleading not guilty means the prosecution must prove the charge at a hearing. In NSW an early guilty plea attracts a sentencing discount, but you should never plead guilty just for the discount before you and a lawyer have read the brief of evidence and confirmed the case can actually be proved.
What does pleading guilty mean?
Pleading guilty means you accept that you committed the offence and that the prosecution does not have to prove it. The matter then moves to sentence, where the court decides the penalty. A guilty plea is not just an admission; it is a formal step that ends the question of guilt.
You should only plead guilty if you are in fact guilty of the offence charged and the prosecution can prove it. A plea to something you did not do, to get it over with, is a mistake that can be very hard to undo.
What does pleading not guilty mean?
Pleading not guilty means you put the prosecution to proof. The matter is set down for a defended hearing, where the prosecution must prove every element of the offence beyond reasonable doubt. You do not have to prove your innocence; the burden is on the prosecution.
A not guilty plea is appropriate where you dispute the charge, where the evidence does not prove the offence, or where there is a defence. It keeps all your options open until the case is tested.
The early plea discount
In New South Wales, a person who pleads guilty receives a discount on sentence, and the earlier the plea, the larger the discount. A plea at the first available opportunity attracts the most, and the discount reduces as the matter moves towards trial. The discount recognises the utilitarian value of not running a hearing.
The discount is a real benefit, but it is a reason to plead early only if you are going to plead guilty at all. Our note on the early plea discount explains how it works.
Why read the brief first
Deciding how to plead without reading the brief of evidence is guessing. The brief shows whether the prosecution can actually prove the charge. It may reveal a defence, a gap, or an evidence problem that changes everything.
This is why courts allow time to get advice and the brief before a plea. Pleading in the dark, even for the discount, can be a costly error. Our note on the hidden cost of a bad plea explains the risks.
Can you change your plea?
A plea can sometimes be changed, but it is not simple. A person who pleaded guilty can apply to withdraw the plea before sentence in limited circumstances, for example where the plea was not entered freely or was based on a misunderstanding. A person who pleaded not guilty can change to guilty at any time, though the discount will be smaller the later it is.
Because changing a plea is difficult, the better course is to get it right the first time, with advice. Our note on charge negotiation explains how the charges themselves can sometimes be changed before a plea.
Frequently asked.
What does pleading guilty mean?
That you accept you committed the offence and the prosecution does not have to prove it. The matter moves to sentence, where the court decides the penalty.
What does pleading not guilty mean?
That you put the prosecution to proof. The matter goes to a defended hearing where the prosecution must prove every element beyond reasonable doubt. You do not have to prove your innocence.
Do you get a discount for pleading guilty in NSW?
Yes. An early guilty plea attracts a sentencing discount, and the earlier the plea, the larger the discount. A plea at the first available opportunity attracts the most.
Should I plead guilty to get the discount?
Only if you are guilty and the prosecution can prove it. Never plead guilty just for the discount before you and a lawyer have read the brief of evidence.
Can I change my plea later?
Sometimes. A guilty plea can be withdrawn before sentence in limited circumstances. A not guilty plea can be changed to guilty at any time, though the discount will be smaller the later it is.
To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 3 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
More criminal-law commentary by Aaron Kernaghan.
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