Medium Likelihood of Criminal Tests Flashcards
What is the test for application for specific disclosure?
- Defence statement must have been filed
- What is the specific item requested? Was it referred to in the defence statement?
- Test - D has reasonable cause to believe that there is prosecution material which should have been disclosed and was not disclosed
- Explain - why defendant has reasonable cause to believe that prosecutor has the material and why it should be disclosed
What is the test for Grave Crimes and Youths?
- State the offence: is it a grave crime (offence for which an adult is punishable with 14 years of imprisonment or more)
(i) robbery
(ii) aggravated criminal damage
(iii) domestic burglary
(iv) s 18 - GBH with intent
- Test - is there a real prospect that a sentence in excess of 2 years detention will be imposed?
(i) use the guidelines
(ii) regard to previous convictions
(iii) multiple offences = have regard to the them as a collective when determining seriousness
What factors should be considered when considering if it is in the interests of justice for a youth to be tried with an adult?
(i) whether separate trials will cause injustice to witnesses or to the case as a whole
(ii) age of the child - the younger the child or young person the greater the desirability for the them to be tried in the youth court
(iii) the age gap between the child or young person and adult - a substantial age gap militates in favour of the child or young person being tried in the Youth Court
(iv) the lack of maturity of the child or young person
(v) the relative culpability of the child or young person compared with the adult and whether the alleged role played by the child or young person was minor
(vi) the lack of previous findings of guilt on the part of the child or young person
(vii) YC is better equipped to deal with youths
