AOS1 (Ch 3: Determining a Criminal Case)

Question 1

List the Court Heirarchy

Answer 1

(Top)

1: High Court
2: Court of Appeal
3: Supreme Court
4: County Court
5: Magistrates’ Court

(Bottom)

Question 2

What is original jurisdiction?

Answer 2

The areas of law a court is able to hear and determine

Question 3

What is appellate jurisdiction?

Answer 3

The power of a court to review decisions made by lower courts (hearing appeals)

Question 4

What are 4 reasons for the court hierarchy?

Answer 4

1) Specialisation: Enables workload to be divided, operate with more expertise and understanding
2) Appeals: Allows appeals to be heard by superior courts, wherein the decision can be upheld or reversed
3) Doctrine of Precedent: Superior courts can establish laws for lower courts, enables consistency
4) Time and money: Offences can be heard quicker, particularly summary offences in the Magistrates’

Question 5

Magistrates’ Court

1) Original jurisdiction
2) Appellate jurisdiction

Answer 5

1) - Summary offences
- Warrants
- Bail applications
- Indictable offences heard summarily

2) No appeals

Question 6

County Court

1) Original jurisdiction
2) Appellate jurisdiction

Answer 6

1) Majority of serious indictable offences

2) Appeals from Magistrates’ (matter of fact or sentence decision)

Question 7

Supreme Court

1) Original jurisdiction
2) Appellate jurisdiction

Answer 7

1) Most serious indictable offences

2) Appeals from Magistrates’ (point of law)

Question 8

Court of Appeal

1) Original jurisdiction
2) Appellate jurisdiction

Answer 8

1) No original jurisdiction

2) Appeals from Supreme and County courts

Question 9

High Court

1) Original jurisdiction
2) Appellate jurisdiction

Answer 9

1) Federal matters

2) Appeals from High, Supreme, and Court of Appeal

Question 10

What is Victoria Legal Aid?

2) Who can it help?

Answer 10

1) A government-funded agency that ensures Victorians who cannot afford a private lawyer can receive professional assistance with legal problems.

2)
- People who cannot afford a lawyer
- People with intellectual disabilities
- Children going to the Children’s Court
- Indigenous Australians

Question 11

What are Community Legal Centres?

2) Who can they help?

Answer 11

1) Centres funded by the government that offer free advice and help Victorians with legal problems, arranging or providing legal representation also.

2)
- People who are socially or economically disadvantaged

Question 12

What are Committal Proceedings?

2) What is their purpose?

Answer 12

The process by which a criminal case is initially heard. Includes a Committal hearing, conducted in the Magistrate’s Court to establish the case facts against the accused.

2)
- Determine if the prosecution has a case against the accused
- Allows accused to see evidence against them
- Determine how the accused intends to plead
- Enables the accused to put a case forward early on

Question 13

1) What is a Plea Negotiation?
2) What is its purpose?
3) Why is it appropriate?
4) What are its weaknesses?

Answer 13

Informal processes between the defendant and the prosecution whereby negotiations are made to lower the penalty of the defendant’s crime in exchange for a guilty plea.

2) To offer a quick and easy solution to a case.

3)
- Prosecution is able to get a conviction
- Defendant is given a reduced sentence
- Reduces delays
- Saves costs to the taxpayer
- Victim is spared prolonged proceedings

4)
- Downgrade of charges can cause controversy
- Negotiations are not transparent, not subject to legislative guidelines
- Victim has no say in the process
- Criminals are back in the community earlier

Question 14

1) What is a Sentence Indication?
2) What is its purpose?
3) Why is it appropriate?
4) What are its weaknesses?

Answer 14

Process whereby the accused is able to request from the judge an indication as to whether they will serve a custodial or non-custodial sentence if they plead guilty.

2) Encourage people to plead guilty early.

3)
- Saves time
- Saves money
- Provides accused with basis for plea

4)
- Feeling that accused is given a light sentence
- Society’s values not reflected
- Justice not achieved

Question 15

What are the responsibilities of the Judge?

Answer 15

1) Deciding the admissibility of evidence (if evidence can be used in court or not)
2) Selection/empanelling of Jury
3) Safeguarding rules of procedure (ensure each party acts according to these rules)
4) Deciding all questions of law (deciding if a law applies to case)
5) Deciding questions of fact when there is no Jury (Magistrate performs role of judge and jury)

Deciding sanctions (Judge decides punishment if accused is found guilty)

7) Instructing the Jury

Question 16

What are the responsibilities of the Jury?

Answer 16

1) Attends the trial for as long as required
2) Listens to all evidence submitted by either party
3) Remembers and analyses either parties’ arguments
4) Decides question of fact
5) Follows instructions given by Judge
6) Take notes on Judge’s final summary of the case
7) Reaches/delivers verdict

Question 17

What are the responsibilities of the prosecution and accused?

Answer 17

1) Presenting relevant facts to support their case

2) Providing evidence to support arguments

Question 18

What are the responsibilities of the Legal Practitioners?

Answer 18

1) Prepare and present case for client (Solicitor = prepares, Barrister = presents)

Question 19

What is the difference between summary and indictable offences?

Answer 19

1) Summary offences are minor offences, heard in the Magistrate’s Court before a single Magistrate (eg. traffic offences, minor assault, offensive behaviour)
2) Indictable offences are serious offences, heard in the County/Supreme Court before a judge + jury (unless heard summarily) (eg. homicide, manslaughter, major assault, rape)