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Legal - U3 AoS1 > Ch 2,3 Notes > Flashcards

Ch 2,3 Notes Flashcards

(17 cards)

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1
Q

Purpose of Crim Law

A

To protect members of society and sanction those who commit offences

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2
Q

Purpose of Crim Justice System

A
  1. Decide if accused is guilty
  2. Impose sanction if guilty
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3
Q

Statutes involved for summary, indictable, indict heard summarily

A

Summary Offences Act 1966
Crimes Act 1958
Criminal Procedures Act 2009

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4
Q

Purpose of Committal Proceedings

A
  1. Ensure no trial if inadequate evidence
  2. Find out plans to plead guilt or not
  3. Ensure fairness - make prosecution disclose case
  4. Give accused opportunity to put forward case at early stage and cross examine witnesses
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5
Q

Criteria for heard and determine summarily

A
  1. Permitted by statute
  2. Consent of court
  3. Consent of accused
  4. Punishable by <10 yrs prison <=1200 penalty points
  5. Accused pleads guilty
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6
Q

Presumption of Innocence is protected in

A

HRC (V)

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7
Q

Rights of Accused

A
  1. Trial w/o unreasonable delay
  2. Right to Silence
  3. Right to Trial by Jury
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8
Q

Statute: Trial w/o Unreasonable Delay

A

HRC 21: Right to Liberty and Security of Person
HRC 25: Rights in Crim Proceedings

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9
Q

Statute: Right to Silence

A

Common: Silence + no adverse inferences
“Evidence Act 2008 (VIC)” Section 89: No adverse inferences

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10
Q

Statute: Right to Trial by Jury

A

“Juries Act 2000 (VIC)” 22: Civ and Crim Juries no. of people
“Aus Cons” 80: Trial by Jury for Clth Indictables

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11
Q

Rights of Victims

A
  1. Right to give Evidence thru Alt Arr as a Vulnerable Witness
  2. Right to Informed about Proceedings
  3. Right to be Informed of Likely Release Date
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12
Q

Statute: Right to give Evidence by Alt Arr

A

“Criminal Procedures Act 2009 (VIC)”: allows for it and protects witnesses

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13
Q

Statute: Right to Informed of Proceedings

A

“Victims’ Charter Act 2006 (VIC)”

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14
Q

Statute: Informed of Likely Release Date

A

“Victims Charter Act”
“Corrections Act 1986 (VIC)”

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15
Q

Purpose of Victim Rights

A
  1. Recognise impact of crime on victims
  2. Recognise victims should be offered certain info during invest/prosec
  3. Reduce secondary victimisation
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16
Q

Info Given to Victims About Proceedings includes…

Study These Flashcards
A
  1. Details of offences charged
  2. If no offences charged&raquo_space; why?
  3. How to find date/time/place of hearing
  4. Outcome of proceeding + sentencing
  5. Details of Appeals
  6. Assistance available
17
Q

Victim - Right to be Informed of Likely Release Date includes…

Study These Flashcards
A
  1. Likely release date
  2. Length of sentence
  3. If offender escapes
  4. Make submission if offender may be released on parole

Legal - U3 AoS1 (7 decks)

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