SAC 1 Outcome B revision Flashcards
(29 cards)
What are summary offences?
Minor criminal offences typically heard in the magistrate court
Summary offences are contained in the Summary Offences Act 1966 (Vic)
What is the final hearing for summary offences called?
A hearing
Who determines guilt in summary offences?
A magistrate
What are indictable offences?
Serious criminal offences heard in the county and supreme court
Examples include sexual offences, drug trafficking, and murder.
What is the final hearing for indictable offences called?
A trial
Who determines guilt in indictable offences?
A jury
What act generally contains indictable offences?
The Crimes Act 1958 (Vic)
What does it mean for an indictable offence to be heard summarily?
Some indictable offences can be heard in the magistrate’s court as if they were summary offences
What must happen for an indictable offence to be dealt with as a summary offence?
Both the accused and court must agree
What is the burden of proof?
The requirement for a party to prove a particular set of facts within a case
Who typically carries the burden of proof in a criminal case?
The prosecution
What is the standard of proof in a criminal case?
Beyond reasonable doubt
What does ‘beyond reasonable doubt’ mean?
Any other logical or reasonable conclusion can be reached except that the accused is guilty
What is the presumption of innocence?
An accused is assumed to be not guilty until proven guilty beyond reasonable doubt
What upholds the presumption of innocence?
Imposing the burden of proof on the prosecution and a high standard to prove the case
Includes the accused’s right to silence and reasonable belief for arrest.
What is the right to be tried without unreasonable delay?
The right to have charges heard in a timely manner, with delays only if reasonable
What factors determine the reasonableness of a delay in trial?
Complexity of the case and legal issues involved
What is the right to silence?
The right to refuse to answer questions and not give evidence in a trial
Can negative conclusions be drawn from exercising the right to silence?
No
What is the right to trial by jury?
The right for a person charged with an indictable offence to have their guilt decided by a jury
How many jurors are in a criminal jury?
12 jurors
What is the right to give evidence via alternative arrangements?
Victims may give evidence in a way that reduces trauma and intimidation
What does the Criminal Procedure Act (2009) allow for?
Alternative arrangements for witnesses in certain cases
In what types of cases can alternative arrangements be made for witnesses?
- Sexual offences
- Family violence offences
- Obscene or indecent behaviour in public
- Sexual exposure in a public place
