hsahsha Flashcards
(9 cards)
commital hearings
if the accused pleads x guilty, the mag court determines if there is sufficient evidence to support a conviction in a higher court
purpose of commitial hearing
to determine prima facie (at first glance) and allow the accused the opportunity to enter a pleabe
benefit of commital hearings
- filter out weak cases and ensure judicial resources in higher court are used effectively
- inform the accused of the case against them and allow them to test the evidence
limitations of commital hearings
most ppl are commited to stand trials with only few cases being doscontinued. the concern is that they inflate costs and controbute delay
Mag original jurisdiction
- summary offences e.g. minor assualt
- indictable offences heard summarily e.g. theft beow 100k
- no jury is used for summary or indictable offfences heard summarily
- matters are resolved from hearings rather than trials
- commital proceedings for indictable offences
cultural differences for fnp
in customary law, elders respect person of com are involved in scentencing the offender and may even carry put the punishment
how to address cultual differences
koori corut - speacialised mag and childtens court which has an respected elder of community in scenetecning the FNP offender
mitigating
facts or cirrcumstances about the offender or offence that reduces the pffenders culpabilty and lead to a reduction in the scentence
local counsil
exists to provide
