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Year 12 > Legal Unit 3 AOS 1A > Flashcards

Legal Unit 3 AOS 1A Flashcards

1
Q

Rights of accused (unrsnbl delay)

A

-Guarantee that charges heard in timely manner
- Delays must be “rsnbl”
- Accused child brought ASAP (impact greater)
- Supported by Sec. 21(5) - HR Charter

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2
Q

Rights of accused (silence)

A
  • Can refuse questions/give info except name and address
  • Not req to give ev, call wit or file defence
  • Has been held against ppl in past
  • Supported by common law and Sec 89 - Ev Act 2008
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3
Q

Rights of accused (trial by jury)

A
  • Person charged w/ ind offence entitled to be tried by peers
  • Supported by Sec 22 - Juries Act 2000 and Sec 80 - Const
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4
Q

Rights of vicims (give ev using alt arrangements)

A
  • Reduce sec. trauma/intimidation
  • Avail for sexual/FV/obscene+indecent+threat lang or beh and sexual exp in pub
  • Such as screens, give ev w/ CCTV or video link, support person/dog, only specific people in crtrm when giving ev, legal prac seated/no formal attire when q
  • Supported by Sec 360 - Crim Proc Act 2009
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5
Q

Rights of victims (inf about proceedings)

A
  • Invest agencies (VicPol or DPP) should inf victims on progress of case, court dates, offence details, outcome/sentence/appeal and reason why no charge
  • Inf about support serv, entitlements to comp and legal ass avail
  • Clear/timely/consistent info
  • Not given if not wanted or puts inv at risk
  • Supported by Sec 7-9 - Victims Charter Act 2006
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6
Q

Rights of victims (inf of likely off. release date)

A
  • Victim can apply for Victims Register (after crim act of viol)
  • Inf length of sent, if pris escapes, info of likely parole release 14 days prior
  • Can make a submission before potential parole release
  • Supported by Sec 17 - Victims Charter and Corrections Act 1986
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7
Q

VLA (definition)

A

A government agency providing free legal info to the community, and legal advice and rep to those who cannot afford a lawyer

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8
Q

VLA (facts)

A
  • Prioritises those who need it most and cannot get it any other way
  • 2021-22, VLA saw 80,547 unique clients
  • Est and supported by Legal Aid Act 1978
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9
Q

VLA (objectives)

A
  • Provide legal aid effec, econ and effic
  • Make legal aid aff. on an equitable basis
  • Provide comm. with improved justice and legal remedies access
  • Respond to legal needs of comm.
  • Innovate in prov. legal aid to minimise need for indiv. legal services
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10
Q

VLA (assistance for accused)

A
  • Free info (court proc/principles info, booklets, fact sheets, pub law lib)
  • Free advice (Mag only, Help B4 Court service assigns lawyer to help prepare if court date 6 or more away, may give adv on day)
  • Duty lawyer serv (Give info on court happenings, offer adv or rep on day, 1st=FN and in custody, no tests needed to be elig)
  • Grants of legal ass. (Ass by VLA lawyer or priv from VLA board of prac, helps res matters, prep docs and rep, strict guidelines w/ grants capped)
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11
Q

VLA (availability of services for accused)

A
  • Info = all accused
  • Advice = depending on income
  • DL service = Adv (income test + straightforward charge) or rep (income test + sig charge or in priority group like FN, homeless, disab/brain inj, poor English)
  • GoLA = means test + consider ben/det grant has on indiv/comm.
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12
Q

VLA (how do victims need to be helped)

A
  • Nav JS, understanding rights appeals and options
  • Advice on prot orders
  • $ ass. due to loss suffered from crime
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13
Q

VLA (victims could seek fin ass. through)

A
  • Victims of Crime Fin. Ass. Scheme (violent crime)
  • Restitution (return stolen pty.) or compensation (loss/inj) orders
  • Could sue instead
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14
Q

VLA (assistance for victims)

A
  • Free info (court proc/principles info, booklets, fact sheets, pub law lib, Vic. Leg. Serv. provides adv to vic thru helpline in many lang)
  • Free adv (Vic. Leg. Serv. provides adv and support on appl. for fin ass. or comp. from offender, only seeking comp so no supporting wit or ass in civil proc)
  • DL service (ass. victims seeking PSI order, helps understand, how to self-rep and where to access serv, can rep on day)
  • GoLA (Limited to PSI or FVP order, may be ass by VLA lawyer or priv from BOP, not provided to those intending to sue)
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15
Q

VLA (availability of services for victims

A
  • Info = all victims
  • Adv = victims seeking comp for loss suffered
  • DL serv = most in need of ass., disabled and children #1
  • GoLA = reasonableness test
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16
Q

VLA (income test)

A

Acc. must show they have limited income (#1 src = social welfare from gov), checks elig. for duty lawyer rep

17
Q

VLA (means test)

A

Acc. net assets (<$1095) and net weekly income (<$360), checks elig. for GoLA [FACT: 2014 Productivity Commission report states only 8% of households satisfy this test]

18
Q

VLA (reasonableness test)

A

Nature and extend of any benefit/detriment assistance may have on person/public, as well as chance of fav outcome for victim

19
Q

VLA (strengths)

A
  • Free info and adv (to those elig, vulnerable #1)
  • Rep = quicker trial (2 SC 2013 trials delayed due to lack of rep)
  • Online access for rural
  • 30+ languages, access
20
Q

VLA (weaknesses)

A
  • Strict elig req’s
  • Little info on ind off
  • Hyper-reliant on limited gov funding
  • Limited awareness of VLA
21
Q

CLCs (definition)

A

Indep. orgs that provide free legal services including advice, info, ongoing ass. and rep. (not for ind off mostly)

22
Q

CLCs (generalist vs specialist)

A

Gen = provide broad legal serv. to individuals in certain geo. area (Eastern Comm. Legal Centre)
Spec = focus on particular group of people or area of law (YouthLaw for <25s)

23
Q

CLCs (assistance for accused)

A
  • Free info (basic info and edu, “The Law Handbook” by Fitzroy LS provides info on crim matters like fines
  • Adv/ass. (Forms, letters, appl. for GoLA help, some can ask q’s w/o appointment like Express Legal coffee van from Whittlesea Comm. Conn. Comm. Legal Centre)
  • Ongoing casework (some prov ongoing legal ass/rep, each CLC has diff elig. reqs)
24
Q

CLCs (assistance for victims)

A
  • Spec (some assist certain victims like Women’s Legal Serv Vic - DV legal ass, YouthLaw, etc.)
  • Free info (fact sheets, booklets, Djirra [culturally safe and acc services] has FV fact sheets, Womens LSV has info on appl for $ ass)
  • Adv/ass. (Advice and ass w/ forms or appl., can visit or call for free adv, YouthLaw has helpline)
  • DL services (some provide for those seeking PSI or FVP order, DL at Melb Mag from Women’s LSV for FV prot)
  • Ongoing casework (some prov ongoing legal ass/rep, each CLC has diff elig. reqs, most related to $ ass, FVP or PSI)
25
Q

Plea negotiations (definition)

A

Pre-trial discussions between the prosecution and accused that aim to solve the case by agreeing on an outcome to the criminal charges laid

26
Q

Plea negotiations (facts)

A
  • Sentence still court determined
  • Can happen at any time
  • Victims views should be taken into account before agreeing
  • Neg fall through = anything est is inadmissible as ev against acc during trial
  • Conducted on a “without prej” basis
27
Q

Plea negotiations (usual agreements)

A
  • Acc pleads guilty to a no of charges, other dropped
  • Acc pleads guilty to lesser offence (dang. driving causing death rather than culpable)
  • Acc pleads guilty but an agreement of facts on which plea is based will be reached
28
Q

Plea negotiations (purposes)

A
  • Removes acquittal risk - certainty of outcome
  • No need for hearing, avg 21-28 and 8-11 days saved in SC and CC
  • Prompt res, less sec trauma/inconv.
29
Q

Plea negotiations (appropriateness)

A
  • Firstly, if in public interest
  • Acc willing to coop and plead guilty
  • Strength of ev and defences
  • Rep of acc (don’t neg w/ self-rep)
  • Wit reluctance to give ev
  • Adv conseq (trauma, stress)
  • Victim’s views
30
Q

Plea negotiations (strengths)

A
  • Money, time and res. saved
  • Prompt determination, certainty of outcome
  • Views of victim part of proc
  • Reflects criminality of crime
  • Limits stress/trauma exp by victim
31
Q

Plea negotiations (weaknesses)

A
  • Priv - lack of transparency
  • Can be viewed as bypassing standard of proof
  • Victim’s views not determinative, may be seen as “let off”
32
Q

Role of parties (summary)

A

Pros: Disclose info to accused, participate in trial/hrg and make subm about sentencing

33
Q

Court hierarchy (appeal facts)

A
  • Appellant appeals against the respondent
  • Grounds for appeal include
    • Q of law (law not followed, stat misint or inad ev heard)
    • Conviction (only by off)
    • Sev/leniency of sent imp (off on basis it was manifestly excessive)
  • Leave generally required to appeal
  • DPP v Abdelmalek [2022] saw an increased sent being imposed after hearing new wit imp statements
34
Q

Sanctions (definition)

A

A penalty imposed by a court on a person guilty of a criminal offence

35
Q

CCO (definition)

A

A non-custodial, supervised sentence served in the community, addresses offender’s criminal behaviour and helps them to undergo treatment or take part in edu/voc/personal dev. programs while still in the comm.

36
Q

CCO (facts)

A
  • Max of 2 yrs (Mag), 5 yrs anywhere
  • Can be combined w/ fine or up to 1 yr imprisonment
  • Cannot be imposed for Cat 1 or Cat 2 offences (except if cooperated and assisted inv/pros to a sig. extent or if mentally impaired)
37
Q

CCO (core conditions)

A
  • No crimes punishable by prison
  • Must report to specified CC centre within two working days of order coming into force
  • Report to and receive visits from CC officer
  • Notify officer of change of address or employment within two working days after change
  • No leaving VIC without permission
  • Comply w/ any dir of CC officers
38
Q

CCO (additional conditions)

A
  • Unpaid community work (up to 600 hours)
  • Supervision
  • Treatment and rehab
  • Non-association
  • Curfew (remain in specified place by the order during hours)
39
Q
A

Year 12 (7 decks)

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