CRJU160 Week 4 + Tutorial 2

Question 1

Can you be charged, guilty and not convicted?

Answer 1

Yes, this is called discharge without conviction

Question 2

What are examples of public interest that can impact the decision to charge?

Answer 2

• Obvious pre-meditation
• Breach of public health
• Less serious offences
• cases with high media presence

Question 3

When is charging an offender not in the public interest?

Answer 3

When they are first time/small offenders or if the cost and resources necessary to prosecute outweigh the offence

Question 4

What are alternatives to public prosecution?

Answer 4

• Private prosecution
• Formal/informal warnings
• Diversion

Question 5

If you think you are eligible, can you request or appeal diversion?

Answer 5

No

Question 6

What is the difference between the legality principle and the opportunity principle?

Answer 6

• The legality principle dictates all charges must be prosecuted
• The opportunity principle dictates that charges with sufficient evidence are given discretion to prosecute (won’t send every case to trial)

Question 7

What are 2 problems with diversion?

Answer 7

• Can allow offenders to offend again without consequence

- Can provoke wrongful admittance of guilt