U3 AOS1 A SAC1 Flashcards
(36 cards)
define summary offences
minor criminal offences
usually heard in the magistrates’ court
do not require a jury
mainly found in the summary offences act 1966 (vic)
maximum imprisonment
2 years for a single offence
5 years for multiple offences
examples include disorderly conduct, drink driving and minor assaults
define indictable offences
serious criminal offences
usually heard in the county court or the supreme court
usually require a judge and jury
a jury is used to determine guilt if the accused pleads not guilty
mainly found in the crimes act 1958 (vic)
examples include rape, murder, fraud and drug offences
define committal proceedings
the pre-trial hearings and processes held in the magistrates’ court for indictable offences
an accused person is charged with an indictable offence and pleads not guilty
no committal proceedings for summary offences
committal proceedings involves several stages before reaching the final part, the committal hearing
define committal hearing
where the magistrate will decide whether there is sufficient evidence to support a conviction for the offence charged at trial
if there is enough evidence
the accused is committed to stand trial and the case is transferred to a higher court that will hear the case
if there is not enough evidence
the accused is discharged and allowed to go free
list the purposes for committal proceedings
ensuring that cases where there is inadequate evidence do not go to trial
finding out whether the accused plans to plead guilty or not guilty
ensuring a fair trial by making sure the prosecution’s case is disclosed to the accused
giving the accused the opportunity to put forward a case at an early stage and possibly cross examine witnesses
define indictable offences heard summarily
serious criminal offences that can be heard in the magistrates’ court as if they were minor criminal offences
mainly found in schedule 2 of the criminal procedure act 2009 (vic)
list the eligibility criteria for an indictable offence to be heard summarily
the accused agrees to it
why?
- quicker than a trial in the county court or supreme court
- the sentence that a magistrate can hand down is far less than if it was heard as an indictable offence
- cheaper to have a case heard in the magistrates’ court
the court agrees it is appropriate
the maximum sentence for the crime is less than 10 years
define the burden of proof
the obligation (or responsibility) of a party to prove the facts of a case
usually rests with the party who initiates the action
in a criminal case, the prosecution holds the burden of proof
outline when the burden of proof can be reversed
if an accused pleads a defence such as self-defence or mental impairment, then they must prove it
‘prove it’ means to provide sufficient evidence to show that the accused reacted in response to another person’s actions
define the standard of proof
the degree or extent to which a case must be proved in court
level of certainty or strength of evidence required
dictates how much evidence is needed to prove a person guilty in court
state and outline the standard of proof in a criminal case
in a criminal case, the standard of proof is beyond reasonable doubt
beyond reasonable doubt is the highest standard of proof, when once the evidence has been presented there must be no doubt in a juror’s mind when they decide on a verdict (if it’s strong enough)
state the similarities and differences between burden of proof and standard of proof
similarities
assist in upholding the presumption of innocence for the accused
both used to determine the guilt
both relate to the party who initiates the case
differences
defintion of burden of proof and standard of proof
burden of proof can be reversed whereas the standard of proof is only on the prosecution
define the presumption of innocence
any person that has been accused of a crime is presumed innocent until they have been found guilty in a court of law
state the ways to uphold the presumption of innocence
burden of proof on the prosecution rather than the accused
imposing a high standard of evidence (standard of proof) on the prosecution rather than the accused
the use of the bail system to allow an accused their liberty prior to the court date
the right to silence during questioning and the trial
not allowing a person’s prior convictions to be revealed until their sentencing (after they have been found guilty)
state the act that the presumption of innocence is under
common law right
charter of human rights and responsibilities act 2006 (vic)
state the rights of an accused
right to be tried without unreasonable delay
right to silence
right to a trial by jury
state the act that the rights of an accused are under
charter of human rights and responsibilities act 2006 (vic)
human rights charter protects and promotes human rights
define and explain the right to be tried without unreasonable delay
if a person is charged with a criminal offence, they are entitled to have their trial heard within a timely manner
any delays that occur should be for purposes deemed reasonable
unreasonable delay is not defined, but is rather applied on a case by case basis, depending on the complexity of the case
this right should be exercised for anyone who is charged with a criminal offence, regardless of prior history or personal characteristics - ‘without discrimination’
state the act that the right to be tried without unreasonable delay is under
section 21(5) of the human rights charter
a person who is arrested or detained on a criminal charge has the right to be brought to trial without unreasonable delay
people have a basic right to liberty and security, and accused persons are presumed innocent until proven guilty
define and explain the right to silence
different types of protections given to an accused person to not have to say or do anything
the right to refuse to answer any questions and not give any information during the investigation of a crime
not being forced to give evidence in a criminal trial, answer any questions, file any defence, or call witnesses in a trial
the accused does not prove their own innocence, the prosecution must prove the accused’s guilt
list what common law has established for the right to silence
no adverse inferences can be drawn from the fact that a person has not answered any questions or given any evidence
silence is not a sign of the accused’s guilt
an accused has the ability to later bring up defences in a trial that was not raised earlier
the accused person can choose to answer some questions and not others
state the act that the right to silence is under
common law and statute law
includes section 89 of the evidence act 2008 (vic) protects the idea that negative conclusions cannot be drawn because a person has exercised the right to silence
define and explain the right to a trial by jury
the accused is judged by their peers, or members of the community
allows for community participation in the legal system, as the 12 jurors are selected randomly from the victorian electoral roll
the court can order the empanelment of up to three additional jurors (due to the length and nature of the trial), but only 12 jurors will ultimately deliberate on the accused’s guilt
up to the jurors to decide the verdict in the trial, and the foreperson will announce whether they find the accused guilty or not guilty
the jurors must make this decision beyond reasonable doubt
jurors have no links to the parties involved and have no apprehended bias
state the act that the right to a trial by jury is under
for victorian indictable offences:
the juries act 2000 (vic) requires that there be a jury of 12 in a criminal trial
there is no right to a jury in summary offences
the actual right is found in the australian constitution, section 80 states that any person who is charged with a commonwealth indictable offence is entitled to a trial by jury
