AOS1a - Victorian Criminal Justice System Flashcards
Summary Offences
-Summary Offences Act 1966 (Vic)
-Heard in Mag (hearings)
-less serious so no jury
-max imprisonment 5 yrs
eg minor assault
Indictable Offences
-Crimes Act 1958 (Vic)
-Heard in County / Supreme (trials)
-Have commital proceedings in Mag
-more serious so jury
-min 5 yrs imprisonment
eg murder
Indictable offences heard summarily
-Criminal Procedures Act 2009 (Vic)
-less serious Indictable offences
CRITERIA (decision is made at committal proceeding):
-Max imprisonment 10 yrs
-Court consents
-Accused consents
Prosecution
Party that presents evidence in court on behalf of the state or Cth against a person accused of committing the crime
-DPP/OPP, Crown, Vic Police
Accused
individual who has been charged with committing a crime (can be more than one accused)
BoP (crim)
the requirement within the legal system that places responsibility on on prosecution to prove the facts of the case.
SoP (crim)
the extent of proof or the certainty or strength of evidence required to prove the case. In criminal law, this standard is beyond a reasonable doubt that the accused is guilty
BoP reversed (crim)
-if the accused defence for their actions is mental impairment
-possession of an illegal substance on their property + cannot demonstrate otherwise to the court
PoI (crim)
-a person accussed of a crime must be presumed innocent until proven otherwise
-s25 Charter of Rights and Responsibilities Act 2006 (vic) + previously well est common law right
How PoI is upheld
-right to silence
-prior convictions cannot be revealed until sentencing
-an offender has the right to appeal a wrongful conviction
POS -Right of silence
an accused person does not have the obligation to answers Qs (except name+ address) or be pressured to prove their innocence or assist the prosecution with their case
-judge can direct silence x evidence of guilt
Right to be tried w/o unreasonable delay
an accused should not be waiting an indefinite amount of time for a trial
-‘without prejudice’, all are entitled to it
-CPA 2009, trial should be w/i 12 months of commitals (expect sexual offences)
-preserve quality of evidence, minimise stress, cost + resources
Rights of the accused
-Right to be tried w/o unreasonable delay
-Right of silence
-Right to trial by jury
Right to trial by jury
-cross section of comm –> share burden of decision making + diversity –> more impartial + unbiased
-lawyers use plain eng x legal jargon
-high SoP x12 –> unanimous /maj verdict = more likely x convict innocent person
NEG - Right to be tried w/o unreasonable delay
-delays can still be ‘reasonable’ eg how many offences, complexity of case, –> memory fades/ witnesses die –> less impartial + less fair
NEG - Right to Silence
-jury must direct silence X= guilt hw/ may have subconscious bias
NEG - Right to trial by jury
-juries are costly + time consuming so can lead to delays esp high profile cases
-may not be fully impartial + can have subconscious biases
