AoS1a Flashcards
Summary Offences
Lesson 2
Minor/less severe crimes, committed by the accused, that are listed in the Summary Offences Act 1966 and heard in hearings the Magistrates court (no jury, no committal hearings).
examples: speeding, drink driving, jaywalking, minor assaults
Example sanctions: Adjourned undertakings, fines, CCO, Imprisonment (max 2 yrs single, 5 yrs double)
Indictable offences heard summarily
Lesson 2
A group of indictable offences that are less serious, listed in the Criminal procedures Act 2009 (Vic).
Only apply to offences with a maximum punishment of less than 10 years, if the court determines its appropriate, and the accused consents ( often agree b/c less costs, time, and less severe max penalties)
Indictable offences
Lesson 2
Serious/more severe crimes, listed in the Crimes Act (Vic) 1958 and heard in a trial in the County/Supreme court (with jury) with a preceding committal hearing.
examples: murder, robbery, sexual offences, kidnapping
Parties (Criminal dispute)
Lesson 2
Prosecution: the party that presents evidence in court against the accused on behalf on the State/Cth. For minor offences in the Magistrates court, Vic police may prosecute
Defence/accused: the party being charged with the crime
Burden of Proof (criminal)
Lesson 3
Requirement that places responsibility on one party, the prosecution, to prove the facts of a case.
Reverse Burden of proof
Lesson 3
The burden of proof can be reversed onto the accused if:
the accused raises the defence or mental impairment
or
the accused must demonstrate they had no knowledge of possession of illegal substances on their property.
Standard of proof (criminal)
Lesson 3
the level of proof required to prove the case, beyond a reasonable doubt, meaning there is no other logical conclusion that can be drawn.
Presumption of innocence
Lesson 3
a principle of the justice system meaning an accused person is presumed innocent until proven otherwise, under Section 25 Charter of Rights and Responsibilities Act 2006 (Vic)
How is the presumption of innocence upheld?
Lesson 3
- All accused persons have a right to silence
- All accused persons can apply for bail
- A committal hearing is held before a criminal trial to determine if there is enough evidence.
- an offender can appeal a wrongful conviction
- prior convictions cannot be revealed during a trial
The right to be tried without unreasonable delay
Lesson 4
A person charged with a criminal offence is entitled to be tried without unreasonable (not defined) delay, under sections 21 and 25 of the Charter of Human Rights and Responsibilities Act 2006 (Vic).
Important as impeding trial may cause stress, may lead to memories of witness’s fading, may make finding unbiased jurors difficult, may increase legal costs.
The right to silence
Lesson 4
An entitlement of the accused to not have to say/do anything (e.g. answer police questions, give evidence in trial,) when being charged with an offence, under the Evidence Act 2008 and common law principles.
Important as it reinforces the burden of proof, reduces power imbalances btw prosecutor and accused, and police and accused.
The right to be tried by jury
Lesson 4
Entitlement that if an accused person pleads not guilty to an indictable offence, their guilt will be determined by a group of 12 randomly selected peers, under the Juries Act 2000 (Vic) and the Criminal Procedure Act 2009 (Vic).
Important because creates a more unbiased/impartial decision and jurors represent a cross section of the community, so the decision is fairer.
Right to alternate arrangements
Lesson 5
When a victim is also a witness and is required to testify, then they are entitled to certain accommodations to avoid retraumatizing them, under the Criminal Procedure Act 2009 (Vic).
Four offences whereby a victim is entitled to alternate arrangements
Lesson 5
- a sexual offence
- a family violence offence
- obscene, indecent language or threatening behavior
- an offence of sexual exposure
3 examples of alternate arrangements
Lesson 5
- give evidence outside of courtroom using CCTV
- Use a screen to separate the victim from the accused’s line of sight
- Allow a person to accompany the witness while testifying for emotional support
2 strengths and 2 limitations of alternate arrangements
Lesson 5
Strengths:
- Avoids retraumatizing victim by ensuring they are not forced into an uncomfortable environment
- Promotes substantiative equality as the inherent disadvantage of the victim is made up for
Limitations:
- Obstructs the principle of fairness for the accused as they cannot fully engage with the legal system
- Not all victims are entitled to this right, obstructing formal equality
Right to be informed about proceedings
Lesson 5
Victims can be provided with information about the case they are involved in, subject to certain limitations, under the Victims Charter 2006 (Vic). Ensures victims can witness justice being carried out and uncertainty is eliminated.
3 elements a victim can be informed about
Lesson 5
- the offences the accused has been charged with
- Key developments in he case ( i.e. Bail, date/time of trial, appeal has been lodged)
- Outcomes of trial or appeal
2 strengths and 2 limitations of being informed about proceedings
Lesson 5
Strengths:
- Victims can view justice being carried out, allowing them to feel safe and vindicated
- Right is available to all victims of any offence (equality)
Limitations:
- Victims do not have access to all information, possibly cause anxiety
-
Right to be informed about the release date of the accused
Lesson 5
victims of violent crimes can apply to the Victims Register and be informed of the offenders likely release date, under S17 of the Victims charter Act 2006 (Vic).
3 examples of a violent crime
Lesson 5
- Sexual offences
Kidnapping - offences involving assault or injury punishable by imprisonment
Outline 2 strengths and 2 limitations
Lesson 5
Strengths:
- Victims are given chance to take precautions such as making submissions to the adult Parole board
-
Limitations:
- Not all victims are entitled to a release date (formal equality)
-
Access
Lesson 9
All people should be able to engage with the justice system and its processes on an informed basis
Engagement
Lesson 9
To engage with the justice system, people need to be able to use and participate in the system.
Physical engagement - location of courts are dispersed according to population. (Limits RRR access)
Technological engagement - meetings can be conducted online
Financial engagement - Vic Legal Aid has limited funds and abilities to support those who cannot afford legal repy
