AOS 1

Question 1

What is a summary offence?

Answer 1

summary offences are considered a less serious crime, such as drink driving, disorderly conduct and minor assault.

Question 2

Is there a right to a trial by jury for a summary offence?

Answer 2

No

Question 3

What is an indictable offence?

Answer 3

An indictable offence is a serious crime ( example: homicide offence, such as murder or Manslaughter.

Question 4

Where is a summary offence heard?

Answer 4

A summary offence is a minor crime that is generally heard in the magistrates’ court.

Question 5

Where is an indictable offence heard?

Answer 5

Indictable offence are heard in the county court irrespective of Supreme Court of Victoria.

Question 6

What is a committal proceeding?

Answer 6

A committal proceeding is when an accused has been charged with an indictable offence and plead not guilty. During the final stage of a committal proceedings is called a committal hearing, at which the magistrates will decide whether there is evidence sufficient weight to support a conviction at trial.

Question 7

What happens when they a Magistrates’ find sufficent evidence at a committal hearing?

Answer 7

The accused is committed to stand trial and the case is then transferred to the higher court that will hear the case.

Question 8

What happens when they a Magistrates’ does not find sufficient evidence at a committal hearing?

Answer 8

The accused is discharged and allowed go free. If further evidence is found in the future the accused can still be brought before the court again.

Question 9

Can some indictable offence be heard summarily?

Answer 9

they can be heard in the Magistrates’ Court as if they were summary (minor) offences. Whether an indictable offence can be dealt with as a summary offence is determined by statute.

Question 10

In a criminal trial who does the Burden Of Proof fall on?

Answer 10

prosecution

Question 11

can the Burden of proof ever be reversed in a criminal trial?

Answer 11

if the accused is pleading a defence such as mental impairment, then the accused has to prove that they are actually mentally impaired.

Question 12

What is the standard of proof mean?

Answer 12

standard of proof is “beyond reasonable doubt” in criminal cases.

Question 13

What is actus reas?

Answer 13

refers to the guilty act

Question 14

what is mens rea?

Answer 14

refers to the guilty mind

Question 15

What is the burden of proof?

Answer 15

in a criminal case the burden of proof falls on the prosecution

Question 16

What is the presumption of innocence?

Answer 16

It means that if a person is accused of committing a crime, they are considered innocent until proven guilty.

Question 17

What are 3 rights of an accused

Answer 17

The right to be trie without unreasonable delay, The right to silence, the Right to a trail by a jury ( not in Magistrates’ Court)

Question 18

What is the main purpose of the human Rights Charter?

Answer 18

Is to protect and promote human rights. It is designed to ensure that any statute passed by the victorian Parliament is compatible (does not interfere) with the human rights, set out in the charter.

Question 19

What is the right to be tried with an unreasonable delay?

Answer 19

The HRC states that a person charged with a criminal offence is entitled to a guarantee that they will be tried without unreasonable delay.

Question 20

What does it mean, right to be tried with an unreasonable delay?

Answer 20

It means than an accused is entitled to have their charges heard in a timely manner and they delays should only occur if they are considered reasonable.

Question 21

Charter of human rights and responsibilities Act 2006 (Vic) - sections 21-and 25

Answer 21

(21 Right to liberty and security of person):(1) A person who is arrested or detained on a criminal charge has the right to be tried without unreasonable delay.
25 rights in a criminal proceeding.
(1): A person charged with a criminal offence is entitled with out discrimination to the following rights : to be tried with unreasonable delay.

Question 22

How is the right to silence protected by common law?

Answer 22

1: Accused person has the right to remain silent.
2: No negative conclusions can be made from the fact that a person’s not answered any question or given evidence

Question 23

What is the Right to a trial by a Jury for an Accused?

Answer 23

A Person charged with an indictable offence is entitled to be tried by their peers.

Question 24

How is the Jury made up?

Answer 24

the jury will be made up by 12 members of the community

Question 25

Does Someone who is charged with a summary offence have the Right to a jury?

Answer 25

No

Question 26

What is a Victim?

Answer 26

A person who has suffered directly or indirectly as a result of a crime

Question 27

What are 3 rights available to a victim?

Answer 27

(1) The right to give evidence suing alternative arrangements, (2) The right to be informed about the proceeding, (3) The right to be informed of the likely release date of the offender.

Question 28

When does the victim have the right to give evidence using alternative arrangements?

Answer 28

Sexual offence, family violence offence, an offence on sexual exposure in a public place, an offence for obscene, indecent, threatening language or behaviour in public.

Question 29

What are types of alternative arrangements for Victims?

Answer 29

The witness may give evidence from a place other than the courtroom (eg: through zoom, or camera). screens may be used to remove the accused from the direct line of vision of the witness. A support person may be chosen by the witness to be beside then whole the witness is giving evidence, so they can provide emotional support. The court sees to approve the support person chosen. Legal practitioners maybe be required to not be formally dressed in robes. legal practitioners may be requites to be seated while asking the witness question (incase they they feel threatened or intimdated.) only certain persons maybe be allowed on the court when the witness is giving evidence.

Question 30

What is the purpose of alternative arrangements?

Answer 30

Is to try and reduce the trauma, distress and intimidation that a witness may feel when giving evidence.

Question 31

What is the right to be informed about the proceedings

Answer 31

The Victims' Charter recognises that people adversely affected by crime should get certain information about the proceeding and about the criminal justice system. The Victims' Charter requires investigatory agencies, prosecuting agencies and victims' services agencies to provide clear, timely and consistent information about support services, possible compensation entitlements and the legal assistance available to persons adversely affected by crime.

Question 32

What infromation does the prosecution have to give the victim?

Answer 32

Details of the offence charged against the person. If no offence is charged, the reason why. How the victim can find out the date, time and place of the hearing of the charges. the outcome of the criminal proceedings, include any sentece imposed details of any appeals The victim must also be told that they are entitled to attend any court hearings.

Question 33

The right to be informed of the likely release date of the offender?

Answer 33

Rape and other sexual offence aggravated burglary kidnapping stalking child stealing assault or injury punishable by imprisonment culpable driving causing death dangerous driving causing or serious injury

Question 34

What are the 3 principles of justice?

Answer 34

Fairness, Equality, access

Question 35

what is the victims register?

Answer 35

a register (database) maintained by the state of Victoria set up to provide the victims of violent crimes with relevant information about adult prisoners while they are in prison le.g. the prisoner's earliest possible release date)

Question 36

What is parole?

Answer 36

The supersized and conditional release date if a prisoner after the minimum period of imprisonment has been served

Question 37

What does fairness mean?

Answer 37

Impartial process, open process and participation

Question 38

What is an impartial process?

Answer 38

This means that people should not show bias towards or against either party and the case must be decided based on facts an not on prejudice

Question 39

What are some key characteristics of participation ?

Answer 39

opportunity to know the case put against them, opportunity to prepare a defence, use of a lawyer

Question 40

examples of equality

Answer 40

same treatment, different treatment

Question 41

what is same treatment in equality ?

Answer 41

means that people are treated in the same way

Question 42

what is different treatment?

Answer 42

if treating people in the same way could in fact cause disparity or disadvantage, them measures should be put into place to allow people to participate in the criminal justice system.

Question 43

examples of access

Answer 43

engagement, informed bias

Question 44

example of engagement in Access

Answer 44

physical, financial, no delay

Question 45

what is informed bias

Answer 45

people should be Able to engage on an informed bias. this means that they should be able to: (1) understand their legal rights and the processes involves in their case. (2) obtain or be provided with enough information to make reasoned and sensible decison (eg: a decision about whether to plead guilty or guilty)

Question 46

what does VLA stand for

Answer 46

Victorian legal aid

Question 47

What is the VLA?

Answer 47

VLA is a government agency that provides free legal information to the community, and legal advice and legal representation for people who cannot afforest pay for a lawyer.

Question 48

What are VLA's objectives?

Answer 48

(1) provide legal aid in the most effective, economic and efficient manner (2) provide the community with improved access to justice and legal remedies.

Question 49

What is an income test?

Answer 49

The test applies by VLA to determine whether a duty lawyer can represent an accused. the test is satisfied when the accused can show that they have limited income

Question 50

what is the means test?

Answer 50

the applied by VLA to determine whether an applicant qualifies for legal assistance or representation in court ( beyond there services of the duty lawyers on the day) it takes into account the applicants assists and expenses.