jfdg,h Flashcards
What are the grounds for appeal?
- point of law
- conviction
- severity or leniency of sentence
What are the weaknesses of the court hierarchy?
- different courts may be confusing
- there isn’t an automatic right to appeal which can restrict access for some individuals
What are the roles of the judge and Magistrate?
- act impartially
- manage the trial or hearing
- decide or oversee the outcome of the case
- sentence an offender
- enforce rules of evidence and procedure
- decide questions of law
- direct jury
What are the roles of the jury?
- be objective
- listen to and remember the evidence
- understand directions and summing up
- deliver a verdict
Define punishment
The infliction of pain or loss to ensure an offender is adequately penalised and held accountable for their crimes and their impact on victim and society as a whole.
Define deterrence
The action of discouraging an offender, or other individuals, from reoffending or committing similar crimes, through the imposition of a criminal sanction.
Define denunciation
The act of publicly condemning an offender’s criminal behaviour.
Define protection
The act of ensuring offenders do not pose a significant risk to the welfare and safety of their victims and broader society.
Define rehabilitation
The act of restoring an offender to normal life as a law-abiding member of the community after they have engaged in criminal activity.
Define fines
A sanction that requires an offender to make a monetary payment as a penalty for a criminal offence.
Define Community Correction Order
A non-custodial sanction that is served by the offender in the community with certain conditions attached.
Define imprisonment
The deprivation of a person’s liberty by removing the offender from society.
Define sanctions
Penalties imposed by a court, or an authorised body, on an offender when they plead guilty or are found guilty of a crime.
What are the roles of the prosecution?
- present evidence to support a conviction and engage in the trial
- disclose information to the accused
- make submissions about sentencing
What are the roles of the accused?
- present evidence to oppose a conviction and engage in trial if they choose to
- make submissions about sentencing
What are the roles of legal practitioners?
- use their expertise to support a case
- manage pretrial processes
- participate in trial
Why do we need legal practitioners?
- self-reps do not have objectivity or legal expertise
- judges cannot offer self-reps assistance
- avoids the accused questioning the victim/trauma
- increases the efficiency of the trial
Criminal Procedure Act 2009 (Vic) states that for serious offences if, by no fault of their own, an accused person is unable to access legal aid, a court may adjourn the trial until they can do so
What are cost factors in the legal system?
Legal representation
- barrister maybe $2000-$6000 a day
- County Court trials go for 5-10 days on average
What are the measures to address costs?
- VLA and CLC and probono
- however only 8% of Victorians can actually access free legal representation
What are the time factors in the legal system?
Delays
- Covid, backlog of cases, complex cases, availability of parties
- increased cost and stress on parties
- 2023/24 Magistrates Court report had 7011 cases pending for over 12 months
What are the measures to address delays?
- plea negotiations remove the delay of the trial
- digital technology allows faster communication
What are the cultural differences?
Immigrants & First Nations People
- cultural taboos
- language differences
- body language
- 2024 statistic states that 36% of prisoners were First Nations people despite them only representing 3.8% of the population
What are the measures to address cultural differences?
- interpreters
- Koori Court
What is original jurisdiction?
The power of a court to hear a case for the first time.
What is appellate jurisdiction?
The power of a court to hear appeals.
What is the specialisation of the Supreme Court (Court of Appeals)?
- determining criminal appeals in indictable offences
- expertise in sentencing principles
What is the specialisation of the Supreme Court (Trial Division)?
- hears the most serious indictable offences (murder and manslaughter
What is the specialisation of the County Court?
- particular types of indictable offence (sexual offences and drug offences)
What is the specialisation of the Magistrates Court?
- summary offences that need to be dealt with quickly
- committal proceedings
- self represented litigants
What are the weaknesses of the court hierarchy?
- different courts may be confusing
- there isn’t an automatic right to appeal which can restrict access for some individuals
What are the strengths of the judge and Magistrate?
- impartial umpire
- manage hearing process and ensure equality
- assist the self-represented litigants
What are the weaknesses of the judge and Magistrate?
- possible apprehended or actual bias
- lack of diversity in judges and Magistrates
- judges and Magistrates cannot overly intervene in the case
What are the strengths of the jury?
- randomly selected, and make decisions solely on the facts presented to them
- allows for the public to participate
- collective decision-making reduces bias
- juries represent a cross-section of the community
What are the weaknesses of the jury
- may have unconscious bias
- don’t have to give reasons for their decisions
- the jury may not understand processes
- further delays
- section of community may not be represented because of ineligibility
What are the strengths of the parties?
- disclosing all relevant information means there is no ‘trial by ambush’
- both parties have an equal opportunity to present their case
- the accused can do nothing if they choose to
What are the weaknesses of the parties?
- Victorian Law Reform Commission noted that early and adequate disclosure of info is an issue
- difficult for self-represented parties due to complex processes
- truth may not come out in the trial (right to silence, party control)
What are the strengths of legal practitioners?
- experts in the law
- they have objectivity
- can help avoid delays
What are the weaknesses of legal practitioners?
- not all legal practitioners are equal in knowledge and expertise
- not everyone can afford legal representation
- more support may be needed (counsellors, interpreters)
What factors are considered with fines?
- financial circumstance of offender
- any loss, damage or destruction of property
- an order for offender to pay compensation
- benefits received by offender as a result of the offence
What are the mandatory conditions of a CCO?
- no reoffending
- no leaving Victoria without permission
- must notify an officer of a change of address or employment
- must report to community corrections centre
What are the factors considered during sentencing?
- mitigating factors (remorse, no criminal history)
- aggravating factors (brutality, premeditated)
- guilty plea
- victim impact statement
