Criminal 2

Question 1

Original jurisdiction

Answer 1

refers to the ability of courts to hear or determine a matter for the first time (the first instance when a case is heard). If a person pleads ‘not guilty’, the case will be tried in the court that specializes in that time of offence e.g. the Magistrates’ court has the jurisdiction to hear summary offences while the Supreme Court (Trial Division) will hear the most indictable offences = murder

Question 2

Appellate jurisdiction

Answer 2

refers to the ability of the court to hear matters on appeal (review a decision made by a lower court). If a party is not satisfied that the correct decision has been made by a court at trial, they can apply to have their matter heard on appeal by a superior court.

Question 3

MC original and appellate

Answer 3

Summary offences, indictable offences heard summarily, warrant and bail applications

No appellate jurisdiction

Question 4

CC original and appellate

Answer 4

Indictable offences, except homicide related offences eg. Robbery, rape, theft, aggravated assault etc.

Appeals from the Magistrates’ Court on sentencing (leniency/severity) and conviction

Question 5

SC (TD) original and appellate

Answer 5

Most serious indictable offences including murder, attempted murder, manslaughter etc.

From the Magistrates’’ Court on the point of law and on conviction in limited circumstances

Question 6

SC (COA) original and appellate

Answer 6

No original jurisdiction; only appellate jurisdiction

Appeals from County or Supreme Court Trial Division-highest appellate court in Victoria

Question 7

HC original and appellate

Answer 7

Does not hear criminal offences (state) at trial

Has jurisdiction to hear appeals from all courts in Vic. Leave of appeal is needed- not automatic

Question 8

Specialisation:

Answer 8

refers to developing expertise or very thorough knowledge and experience in a particular area.
Due to each court having jurisdiction to hear or determine certain cases, judges/Magistrates will develop expertise and specialist knowledge in this particular area which will allow them to make decision more efficiently and consistently.

Question 9

Appeals:

Answer 9

refers to having the ability to have your matter/case heard for a second time by a more superior judge/court.
As courts are in a hierarchy, there exists a ranking system whereby lower and higher courts are identified. This allows individuals to take their matter to a higher court for review if they are dissatisfied with the decision.

Question 10

role of judge

Answer 10

Deciding on admissibility of evidence, Attend jury matters, Handing down a sentence

Question 11

role of jury

Answer 11

Listen to all evidence and submissions from both parties, Listen to the judge explain the law, Decide questions of fact, Reach and deliver a verdict

Question 12

role of legal practitioners

Answer 12

Preparing and presenting their case, Complying with their duty to court

Question 13

the role of the parties

Answer 13

Entering a plea, Present opening/closing address, Presenting their case

Question 14

sanctions

Answer 14

A penalty that is handed down by a court for someone who is found guilty of breaching a criminal law e.g. Fine or imprisonment
The Sentencing Act 1991(Vic) outlines the purpose of sentencing, the hierarchy of sentencing options, fact is a court considers in sentencing

Question 15

Purpose of sanctions

Answer 15

punishment, protection, deterrence (specific and general), denunciation, rehabilitation

Question 16

fines

Answer 16

A monetary (money) penalty for an offence.
Fines = the most common sanction imposed in Victoria.
A court can impose a fine with or without recording a conviction

Question 17

CCO

Answer 17

: A flexible sentencing order that is given to a guilty offender which entitles them to remain in the community whilst complying with certain conditions imposed by the court. Courts may apply conditions to match the circumstances of the offender and nature of the crime.
They can be used alone or in addition to prison or a fine.
Sentencing Act
All those sentenced to a CCO must abide by basic conditions such as:
* Not reoffending
* Not leaving Victoria w/out permission
* Reporting to CCO centre

Question 18

imprisonment

Answer 18

The most serious sanction whereby the offender is removed from society and held in custody for a defined period of time.
The Sentencing Act 1991 (Vic) The Act recognises that imprisonment should be the last resort which means that judges must consider all other sentencing options before imposing a prison term.

Concurrent sentence = the offender has committed more than one offence, the sentence for each offence can be served at the same time e.g. 3 years imprisonment for stalking + theft + burglary
Cumulative sentence = usually applied for serious offences and if offender has long history of offending. All terms of imprisonment are added together to form a total period of imprisonment e.g. manslaughter (11 years) + recklessly causing injury (6 years) = 17 years imprisonment

Question 19

mitigating factors

Answer 19

evidence about the offender or the circumstances pf the crime which may reduce the severity and/or culpability of the criminal act.

Question 20

Aggravating factors

Answer 20

: are evidence about the offender of circumstances of the crime which may increase the severity of the sentence due to increased culpability

Question 21

Guilty Plea

Answer 21

Guilty pleas or intentions to plea guilty is when the accused admits their involvement in the offence and therefore avoids a full trial. They are treated as a mitigating factor and can reduce the sentence that the accused will receive because:
* A guilty plea is considered a sign of remorse
* Guilty pleas save the community considerable time and cost in conduct a full trial
* Guilty pleas also reduce delays in the court system
* Guilty pleas can spare victims and witnesses the potential trauma of giving evidence
The most common guilty plea discount for imprisonment sentences was between 20-30% less than the sentence would have otherwise been.

Question 22

Victim Impact Statement

Answer 22

A written statement filed with the court by the victim of the crime that is considered by the judge when sentencing the offender. It contains particulars of any injury, loss or damage suffered by the victim as a result of the offence.
The Sentencing Act 1991 (Vic) states that the impact of crimson the victim/s must be considered during the sentencing process.
The Victims Charter Act 2006 (Vic) identifies the right of victims to prepare a VIS

Question 23

Factors affecting achievement of justice

Answer 23

costs, time delays, cultural factors eg. language barriers, cultural norms, different laws/customs