NSW Criminal Proceedings

Question 1

CRIMINAL PROCEDURE ACT 1986 ss […….] to ss […….] contains provisions governing summary offences and indictable offences dealt with summarily

Answer 1

CRIMINAL PROCEDURE ACT 1986 ss […..170..] to ss [..257…..] contains provisions governing summary offences and indictable offences dealt with summarily

Question 2

ss […….] CRIMINAL PROCEDURE ACT 1986 provides that a CAN must be commenced […….] months after the [..discovery or commission…..] of an offence

Answer 2

ss [..172…..] provides that a CAN must be commenced [.6…..] months after the [.commission…..] of an offence

Question 3

<b><u>Fell v Chenhall (2018) NSWSC 1574 </u></b>

ratio:[………]

Answer 3

Fell v Chenhall (2018) NSWSC 1574

ratio:[…..filing of Court Attendance Notice in registry other than that before which
proceedings listed did not invalidate CAN — Rule 8.7(4) Local Court Rules 2009
..]

Question 4

s175 CRIMINAL PROCEDURE ACT 1986 contains the contents of the CAN which are:

1. :[………]
2. :[………]
3. :[………]
4. :[………]
5. :[………]

Answer 4

s175 CRIMINAL PROCEDURE ACT 1986 contains the contents of the CAN which are:

1. :[..the offence…]
2. :[…particulars……]
3. :[…Identify the prosecutor……]
4. :[….Require attendance at court …..]
5. [……warning the CAN will be dealt with in their abscence…]

Question 5

s 176 CRIMINAL PROCEDURE ACT 1986 requires that a CAN is filed for :[………] ONLY

Answer 5

s 176 s175 CRIMINAL PROCEDURE ACT 1986 requires that a CAN is filed for :[……ONE…] ONLY

Question 6

Proceedings are commenced when :[………] s[………] CRIMINAL PROCEDURE ACT 1986

Answer 6

Proceedings are commenced when :[..CAN is filed…….] s[…178……] CRIMINAL PROCEDURE ACT 1986

Question 7

There are 4 circumstances where the SIX MONTH limitation period does not apply. There are:

1. :[………]
2. :[………]
3. :[………]
4. :[………]
5. :[………]

Answer 7

There are 4 circumstances where the SIX MONTH limitation period does not apply. There are:

1. :[…proceedings under another act which specify a time frame……]
2. :[ indictable offences dealt with summarily………]
3. :[.offences involving death the subject of a coronial inquest where the defendant is charged either six months after the inquest or 2 years after the event……..]
4. :[…..where the district court determines an appeal and the charge is a backup offence.and it is commenced six months or less after the appeal…]

Question 8

<b><u>Continuing Offences</u></b><br></br>
Environment Protection Authority
v Alkem Drums Pty Ltd (2000) LGERA 130;<br></br>

Answer 8

<b><u>Continuing Offences<b></b></u><br></br>
Environment Protection Authority
v Alkem Drums Pty Ltd (2000) LGERA 130;<br></br>
ratio: whether an offence is continuing will be determined by the words of the act and the capacity of the person to terminate at will</b>

Question 9

s 196 CRIMINAL PROCEDURE ACT1985 authorises the Court to hear an eligible indictable offence on the abscence of the accused is absent but had notice.
[.True or False……..]

Answer 9

s 196 CRIMINAL PROCEDURE ACT1985 authorises the Court to hear an eligible indictable offence on the abscence of the accused is absent but had notice.
[.True ]