41-80 mistakes legal studies yearly

Question 1

How many people are in a jury at the district courts?

Answer 1

12 people who are chosen by the court

Question 2

What does the jury do at the District Court?

Answer 2

They decide whether the accused is guilty or not guilty based on the evidence presented in the trial.

Question 3

What does the judge do in the District Court?

Answer 3

Control proceedings and decide questions on law. The judge will also determine the accused sentence if found guilty.

Question 4

Examples of matters dealt by the district court

Answer 4

Offences against the person, sexual or indecent assault, assault occasioning bodily harm and assault against police officers, property offences, drug and driving offences.

Question 5

Why is the district court more expensive than the local court?

Answer 5

It involves significantly more formality than the Local Court thus matters will take longer to be heard resulting in a greater cost to the accused and the prosecution.

Question 6

Which court hears the most serious criminal cases?

Answer 6

Supreme Court

Question 7

Where are criminal appeals from the Supreme Court heard?

Answer 7

Criminal appeals from the Supreme Court are heard in the Court of Criminal Appeal.

Question 8

A similarity between the Supreme and District court?

Answer 8

District and Supreme Court trials will often involve a jury of 12 people who are chosen by the court.

Question 9

What is the Court of Criminal Appeal

Answer 9

The Court of Criminal Appeal is the appellate branch of criminal jurisdiction of the Supreme Court of New South Wales in relation to criminal cases. It is the state’s highest court for criminal matters.

Question 10

The …………. can hear appeals from a person …………… by a … Court or …… Court judge.

Answer 10

The Court of Criminal Appeal can hear appeals from a person convicted or sentenced by a District Court or Supreme Court judge.

Question 11

Where do criminal appeals have to be brought from other than the District or Supreme Court?

Answer 11

Criminal appeals can also be brought from the Land and Environment Court.

Question 12

Is the number of judges always constant in the Court of Criminal Appeal?

Answer 12

Where significant legal issues are being considered this may be increased to five judges

Question 13

What is the Land and Environment Court?

Answer 13

The Land and Environment Court is the court that looks after interpreting and enforcing environmental law in New South Wales

Question 14

Who are Judges

Answer 14

Judges are the judicial officers who preside over the District Court and the Supreme Court. Judges will make decisions about points of law and give instructions to the jury to make sure they understand the proceedings and the evidence presented to them.

Question 15

Who hands the sentences and rulings?

Answer 15

Once the jury has reached a verdict, the judge will hand down sentences and rulings.

Question 16

Does the judge only hand down sentences and rulings.

Answer 16

In some cases the judge will sit without a jury – in such cases the judge will determine the verdict, either guilt or innocence.

Question 17

Who are magistrates?

Answer 17

Magistrates are the judicial officers who preside over hearings in the Local Court. Magistrates oversee proceedings and make a determination on the basis of the evidence presented. Once a magistrate has found an accused person guilty, they will also pass sentence.

Question 18

Prosecutor’s role

Answer 18

It is the prosecutor’s role to prosecute the offender in a court of law and obtain an appropriate form of sanction or punishment for the offence.

Question 19

Who are police prosecutors?

Answer 19

Police prosecutors are members of the NSW Police Force with specialised legal training to conduct prosecutions.

Question 20

What cases are handled by police prosecutors?

Answer 20

Police prosecutors handle most summary cases in New South Wales like summary offences in the Local Court and Children’s Court.

Question 21

Who are the Director of Public Prosecutions?

Answer 21

An independent authority that prosecutes all serious offences on behalf of the New South Wales Government

Question 22

What offences are prosecuted by the DPP?

Answer 22

Indictable and some summary offences as well as conducting some committal proceedings for indictable offences.

Question 23

Roles of barristers?

Answer 23

Barristers have two main roles in court proceedings:

to provide legal advice for the accused on the likely outcome of the case and to present that case in court.

Question 24

Why is it more common to see barristers in the higher courts rather than solicitors?

Answer 24

This is due to the fact that barristers are specialists in their field and deal specifically with criminal law.

Question 25

What does the solicitor do?

Answer 25

A solicitor may also represent the accused in court, or engage (employ) a barrister to represent the accused.
They see the accused to inform whether they will be granted bail or not

Question 26

Who are public defenders?

Answer 26

Public defenders are barristers who appear in serious criminal matters for an accused who has been granted legal aid.

Question 27

Why are public defenders given to an accused?

Answer 27

Where an accused cannot afford to pay for a barrister or solicitor, they may be granted access to a public defender.

Question 28

Is it a necessity that the accused pleads guilty or not guilty?

Answer 28

After an accused is charged with an offence and the trial process proceeds, the law requires the accused to enter a plea of either guilty or not guilty.

Question 29

What is the time difference between a guilty and a not guilty plea?

Answer 29

A guilty plea will be dealt with quickly, going straight to a sentencing hearing at a higher court.
If the accused pleads not guilty, the case will be defended in court.

Question 30

What is the charge negotiation?

Answer 30

This is where the accused agrees with the prosecution to plead guilty to a particular charge or charges. It usually involves pleading guilty to a lesser charge in exchange for other higher charges being withdrawn, pleading guilty in exchange for a lesser sentence

Question 31

What is the presumption of innocence?

Answer 31

Accused people are innocent until proven guilty. The prosecution must prove their guilt; the accused people do not need to prove their innocence.

Question 32

What is the burden of proof?

Answer 32

The burden of proof means the responsibility for proving something. Because of the presumption of innocence, the burden of proof is on the prosecution—that is, the prosecution must prove that the accused person is guilty of committing the crime alleged.

Question 33

What is the standard of proof?

Answer 33

The standard of proof means the weight or value given to the evidence (that is, how much proof is needed). An accused person must be proved guilty beyond reasonable doubt. If there is a reasonable doubt that the accused person committed the crime, he or she should be acquitted.

Question 34

How is evidence presented in a criminal trial?

Answer 34

In a criminal trial, evidence is presented to the court through witnesses

Question 35

Who is represented by a prosecutor in criminal trials?

Answer 35

In criminal trials, the state or ‘Crown’ is represented by a prosecutor who brings the action against the accused