unit 3 AOS 1 (sac 1)

Question 1

parties in a criminal case

Answer 1

accused: person charged with a criminal offence
prosecution: party that initiates criminal proceedings against an accused on behalf of the state.

Question 2

summary offence

Answer 2

a minor offence usually heard in the Magistrate’s court

Question 3

indictable offence

Answer 3

a serious offence heard in the County or Supreme court by a judge and jury.

Question 4

indictable offences heard and determined summarily

Answer 4

serious offences which can be heard as summary offences in the magistrates court if the court and accused agree.

Question 5

burden of proof

Answer 5

the responsibility of a party to prove a case in court. burden of proof is with the prosecution in a criminal case

Question 6

standard of proof

Answer 6

the extent to which a case must be proved in court. standard of proof in a criminal case is beyond reasonable doubt.

Question 7

presumption of innocence

Answer 7

the right of an accused person to be considered not guilty until proven otherwise.

Question 8

rights of the accused

Answer 8

• the right to be tried without unreasonable delay
• the right to silence
• the right to trial by jury

Question 9

the right to be tried without unreasonable delay

Answer 9

human rights charter states that an accused person is entitled to a guarantee that they will be tried without unreasonable delay
- an accused is entitled to have their charges heard in a timely manner
- delays should only occur if they are considered reasonable
- every accused is entitled to this right regardless of prior convictions or personal attributes
- people should not be held for an unreasonable amount of time awaiting trial

Question 10

the right to silence

Answer 10

this is protections given to an accused to not have to do or say anything, includes:
- the right to refuse to answer questions or give information as part of an investigation
- cannot be forced to give evidence in a criminal trial
- the only info a person has to give is their name and address if police think that they have or are about to commit a crime.

Question 11

how is the right to silence protected by common law?

Answer 11

• an accused has the right to remain silent
• no adverse inferences (negative conclusions) can be drawn from the fact that a person has not answered questions or given evidence.

Question 12

how is the right to silence protected by statute law?

Answer 12

• the evidence act states that unfavourable inferences cannot be drawn because a person has refused to answer questions or give information in an investigation.

Question 13

the right to trial by jury

Answer 13

• not protected by the human rights charter
• protected by the australian constitution in some circumstances, and by vic statute law in others
• for vic indictable offences, the criminal procedures act requires a jury to be empanelled when the accused pleads not guilty.
• australian constitution states that any person charged with a commonwealth indictable offence is entitled to trial by jury. most indictable offences are crimes under statute law.

Question 14

the rights of victims

Answer 14

• the right to give evidence using alternative arrangements
• the right to be informed about the proceedings
• the right to be informed of the likely release date of the offender

Question 15

the right to give evidence using alternative arrangements

Answer 15

• criminal procedures act
• alternative arrangements = measurement which can be put in place for witnesses in certain criminal cases to give evidence in a different way.
• the purpose of alternative arrangements is:
  –> to try reduce trauma, distress and intimidation that a witness may feel when giving evidence, especially in cases involving sexual offences & family violence, where victims are at risk of suffering secondary trauma

Question 16

cases which alternative arrangements can be made

Answer 16

• sexual offences
• family violence offences
• offences for obscene, indecent, threatening language or behaviour in public
• offences for sexual exposure in public

Question 17

types of alternative arrangements

Answer 17

• giving evidence from a place other than courtroom by means of closed-circuit TV
• screens to remove the accused from the witness’s eyeline
• a support person chosen to stand beside the witness while they give evidence
• legal practitioners may not be formally dressed in robes.

Question 18

the right to be informed about the proceedings

Answer 18

• victims are entitled to be informed at regular intervals about the process of an investigation. once prosecution has commenced, the victims charter requires the prosecution to give victims information such as details of the charges laid, a reason if there are no charges, the outcome of the criminal proceeding, including any sentence imposed, details of any appeal and that they are entitled to attend court hearings.

Question 19

the right to be informed of the likely release date of the offender

Answer 19

• a person who is a victim of a criminal act of violence can apply to be included on the victims register and receive information about the likely release date of an offender
• criminal acts of violence include:
  –> rape & sexual offences
  –> aggravated burglary
  –> kidnapping
  –> stalking
  –> culpable driving causing death
  –> child stealing
• victims charter and the corrections act.