Pre-Trial Processes and Appeals

Question 1

What are the relevant factors regarding the decision to prosecute?

Answer 1

○Is the admissible evidence available capable of establishing each element of the offence.
○Whether or not it can be said that there is no reasonable prospect of conviction by a reasonable jury (or other tribunal of fact) properly instructed as to the law; and if not
○Whether or not discretionary factors nevertheless dictate the the matter should not proceed int he public interest.

Question 2

What is the nature of DPP Guideline 8?

Answer 2

~Election for offence to be dealt with on indictment~

○The prosecution may elect to have a table 1 of 2 offence to be dealt with on indictment.

○Iif an election is made, the DPP takes over the prosecution.

○IThe election should not be made unless the accused persons criminality could not be addressed within the sentencing limits of the local court. IE/ Consider if the offence is on the higher end or on the lower end of the offence.

Question 3

What is a Case Conference?

Answer 3

The principle objective of the case conference is to determine where there are any offences to which the accused person is willing to please guilty.
Criminal Procedure acts ss70(2)

Question 4

Crimes (Sentencing Procedure) Act 1999 (NSW) s22

Answer 4

Guilty plea to be taken into account for offences not dealt with on indictment.

Question 5

Crimes (Sentencing Procedure Act 1999 (NSW) 25D

Answer 5

Sentencing discounts for guilty plea for offences dealt with on indictment.
Thomas v Haulton? 10-25% discount on sentence.

Question 6

What point does Andrew Foster Brown (1989) 17 NSWLF 472 illustrate?

Answer 6

That the judiciary can overturn sentence negotiation if they believe that it is an abuse of process, and the prosecutions scope of power is limited.

Question 7

What legislation is relevant when discussing how a prosecutor must give notice of the prosecutions case

Answer 7

Criminal Procedure Act 1986 (NSW) s142

Question 8

What legislation is relevant when discussing how a defence must give notice of the defences response to a prosecutions case?

Answer 8

Criminal Procedure Act 1986 (NSW) s144

Question 9

What legislation is relevant when discussing how the defence must notify the prosecution of the particular defences to be relied upon?

Answer 9

Criminal Procedure Act 1986 (NSW) 141,143