Unit3 AOS 1

Question 1

Principles of Justice

Answer 1

Access, Fairness and Equality

Question 2

Access

Answer 2

Is the third principle of justice, access is the ability to approach or make use of something. It is generally accepted that members of society should be able to access justice. Access to the criminal justice system means that all people should be able to access the instructions that hear criminal cases.

Question 3

Fairness

Answer 3

Is the first principle of justice, this means ‘impartial and just treatment or behaviour without favouritism or discrimination’.

Question 4

Equality

Answer 4

Is the second principle of justice, this means ‘the state of being equal, especially in status,, rights or opportunities’.

Question 5

Summary offences

Answer 5

Are minor criminal offences that are generally heard in the magistrates court. They are considered to be less serious types of crime, and include offences such as drinking an disorderly conduct. No right to a jury trial for these offences, eg. DUI or Theft

Question 6

Indictable offences

Answer 6

Are serious criminal offences that are heard by a judge (and a jury if the accused pleads not guilty) in the County Court or Supreme Court of Victoria. Final hearings are known as trials, eg. Homicide and drug trafficking

Question 7

Burden of proof

Answer 7

The obligation (responsibility) of a party to prove a case. The burden of proof usually rests with the party who initiates the action (the plaintiff in a civil dispute and the prosecution in a criminal case)

Question 8

Standard of proof

Answer 8

The degree or extent to which a case must be proven in court

Question 9

Presumption of innocence

Answer 9

The right of a person accused of a crime to be presumed not guilty unless proven otherwise

Question 10

Rights of an accused 1

Answer 10

Right to be tried without unreasonable delay, an accused is entitled to have his or her charges heard in a timely manner.

Question 11

Rights of an accused 2

Answer 11

Right to a fair hearing; a person charged is entitled to have that charge decided by a competent, independent and impartial court, and the hearing must be both fair and public

Question 12

Rights of an accused 3

Answer 12

Right to trial by a jury; a person charged with an indictable offence

Question 13

Rights of victims 1

Answer 13

A family member of a person who has died as a direct result of a criminal offence

Question 14

Rights of victims 2

Answer 14

A family member of a person who is under 18 years of age or is incapable of managing his or her own affairs because of mental impairment, and that person has suffered injury as a direct result of a criminal offence

Question 15

Rights of victims 3

Answer 15

A child under the age of 16 years who has been groomed for sexual conduct, as well as the child’s family

Question 16

Victoria Legal Aid

Answer 16

A government agency that provides free legal advice to the community and low cost or no cost legal representation to people who can’t afford a lawyer

Question 17

Victorian Community Legal Centres

Answer 17

Community legal centres are one type of legal assistance service provider in Australia. As independent organisations they provide free legal services, including advice, information and representation, to people who are unable to access other legal services.

Question 18

Purposes of committal proceedings

Answer 18

• Making sure the prosecution’s case is disclosed to the accused
• Giving the accused an opportunity to hear or read the evidence and cross-examine witnesses
• Allowing the accused to put forward a case at an early stage if they choose to do so

Question 19

Strengths of committal proceedings include

Answer 19

• To save time and resources
• Withdraw some chargers or combine charges
• Test the strength of the prosecution’s case
• Innocent until proven guilty

Question 20

Weaknesses of committal proceedings include

Answer 20

• Very complicated
• Expensive
• Delays can be expected
• Stress and trauma
• Unnecessary

Question 21

Plea negotiations

Answer 21

In criminal cases, pre-trial discussions that take place between the prosecution and the accused, aimed at resolving the case by agreeing on an outcome to the criminal charges laid, also known as charge negotiations

Question 22

Sentence indications

Answer 22

A sentence indication is given by a court to the accused to let the accused know

Question 23

Court Hierarchy

Answer 23

• High Court of Australia (Federal)
• Supreme Court of Victoria, Court of Appeal and the Trial Division
• County Court of Victoria
• Magistrates Court of Victoria

Question 24

Specialisation

Answer 24

Supreme Court of Appeal - Determining criminal appeals

Question 25

Specialisation

Answer 25

Supreme Court Trial Division - Hears most serious indictable offences (eg. Murder and Manslaughter

Question 26

Specialisation

Answer 26

County Court - Rape and homicide cases

Question 27

Specialisation

Answer 27

Magistrates Court - Summary offences (eg. Drink driving and traffic offences

Question 28

Appeal

Answer 28

If there are grounds for appeal, a party who is dissatisfied with a decision in a criminal case can take the matter to a higher court to challenge the decision. A party who appeals is known as the appellant, and the other party is the respondent.

Question 29

Grounds for appeal include

Answer 29

- Appealing on a question of law (where some law has not been followed) - Appealing a conviction - Appealing because of the severity (or leniency) of a sanction imposed

Question 30

Responsibilities of a judge include

Answer 30

- Manage the trial - Decide on admissibility of evidence - Attend jury matters - Give directions to the jury and sum up the case - Hand down a sentence

Question 31

Responsibilities of a jury include

Answer 31

- Be objective - Listen to and remember the evidence - Understand directions and summing up - Deliver a verdict

Question 32

Responsibilities of parties include

Answer 32

- Give an opening and closing address - Assist the judge in jury matters - Present the party's case - Make submissions about sentencing

Question 33

Responsibilities of legal practitioners include

Answer 33

- Be prepared - Comply with their duty to the court - Present the case in the best possible light

Question 34

Purposes of sanctions

Answer 34

- Denunciation - Deterrence - Protection - Punishment - Rehabilitation

Question 35

Aggravating factors

Answer 35

Circumstances about the offender or the offence that can increase the seriousness of the offence, or the offender's culpability. If they are present, a higher sentence should be imposed

Question 36

Mitigating factors

Answer 36

Circumstances that a court should consider when determining the appropriate sentence. Things relevant to the offender, the victim or the crime itself. - Offender being provoked, pleading guilty or showing remorse

Question 37

Guilty Pleas

Answer 37

One of the factors a court must take into account when sentencing an offender is whether the offender pleaded guilty to the offence and, if so, how far into the case. A guilty plea at an early stage before trial or hearing can result in a less severe sentence.

Question 38

Victim Impact Statements

Answer 38

When sentencing an offender, the court must take into account the impact of the offence of any victim, and the personal circumstances of the victim. More often than not the court will learn about the impact and personal circumstances of the victim through victim impact statements