criminal cases

Question 1

Under Section 36A of the County Court Act 1958 (Vic),

Answer 1

the County Court does not have jurisdiction to hear a case involving a charge of murder, so only the Supreme Court had jurisdiction can hear these cases

Question 2

Under Section 321P of the Crimes Act 1958 (Vic),

Answer 2

the penalty for the offence of attempted murder is Level 2 imprisonment. This offence carries a maximum prison sentence of 25 years. The court is not compelled to give the maximum sentence in every case.

Question 3

Appeals must usually be lodged within…..

Answer 3

Appeals must usually be lodged within 28 days after the conviction.

Question 4

Possible avenues of appeal

Answer 4

• appeal against conviction
• appeal against the sentence
• appeal against both

Question 5

appeal against conviction

Answer 5

the offender can claim that the verdict
was unreasonable, based on the evidence; or that it was based on an error of law; or that a miscarriage of justice occurred. The offender will need to get leave to appeal

Question 6

appeal against the sentence

Answer 6

the offender can appeal against a sentence that is too harsh, and the prosecution can appeal against the sentence being too light

Question 7

appeal against both

Answer 7

the offender can appeal against conviction and sentence.
There is no evidence to suggest that Darrington has in fact appealed.
The prosecution can also appeal on a question of law, or on the leniency of the sentence. The prosecution does not need leave to appeal.

Question 8

Appeal process after supreme

Answer 8

Supreme Court Court of (Trial Division) Appeal
High Court
- Leave is required by the High Court to appeal.

Question 9

What is the principle of Fairness

Answer 9

• The principles of fairness mean people should be treated fairly and impartially. Every person should be aware of the case against them and be able to present their case. The criminal justice system relies on fair legal processes and fair hearings.

Question 10

What is the principle of Equality

Answer 10

The principle of equality requires that all people should be equal before the law and have the same opportunity to present their case. Equality in the criminal justice system relies on parties being treated equally.

Question 11

What is the principle of Access

Answer 11

The principle of access requires that everyone should have equal access to legal agencies and institutions and be given every opportunity to understand their legal rights and pursue legal claims.

Question 12

Characteristics of the principle fairness

Answer 12

• Silence when being interviewed by police
• Defendant legally represented
• At the committal proceeding, the defence knew what the prosecution evidence was. This would have helped the defence prepare for cross- examination of prosecution witnesses.
• The prosecution had the burden
• ## The standard of proof in this case is beyond reasonable doubt.

Question 13

Characteristics of the principle Equality

Answer 13

• Both parties had the right to engage legal representation,
• According to the rules of procedure, parties can examine the evidence presented by their opponent.
• Justice acted as an independent and impartial adjudicator at the trial. He ensured that the rules of evidence would have been applied, meaning that only reliable facts were heard by the jury.
• the benefit of trial by a jury of people selected at random from the electoral roll, who reached a verdict based on evidence from both parties
• ## Both parties could call witnesses in the case and have those witnesses examined before the jury.

Question 14

Characteristics of the principle Access

Answer 14

• open hearing, and the sentencing remarks are available to the public, including the victim’s family members.
• At the end of the trial, both parties have the right of appeal on grounds relating to the sentence imposed by the judge and the decisions made during the trial about the admissibility of evidence.
• Prior to the sentencing of Darrington, members of the Matskassy family presented victim impact statements to the court.

Question 15

general deterrence

Answer 15

one purpose of a sanction; a process by which the court can discourage the offender and others in the community from committing similar offences

Question 16

specific deterrence

Answer 16

one purpose of a sanction; a process by which the court can discourage the offender from committing similar offences

Question 17

recidivism

Answer 17

re-offending; returning to crime after already having been convicted and sentenced

Question 18

beyond reasonable doubt

Answer 18

the standard of proof in criminal cases.

This requires the prosecution to prove there is no reasonable doubt that the accused committed the offence

Question 19

committal hearing

Answer 19

a hearing that is held as part of the committal proceeding. At the committal hearing,
the magistrate will decide whether there
is sufficient evidence to support a conviction for the offence charged

Question 20

conviction

Answer 20

a criminal offence that has been proved. Prior convictions are previous criminal offences for which the person has been found guilty

Question 21

actors taken into consideration in sentencing

Answer 21

• mitigating factors are factors or circumstances that count in the offender’s favour and may be considered by the judge as a reason to give a lesser penalty (e.g. a difficult childhood, an existing mental illness, or remorse)
• aggravating factors are factors or circumstances that count against the offender and may be considered by the judge as a reason to give a higher penalty (e.g. prior record or repeat offences).