Test Flashcards
Purpose of the District Court
Everyone who is charged with an offence appears for the first time in the district court.
Purpose of the High Court
Presides over the more serious criminal cases. First point of appeal for cases from the district court.
Purpose of the Court of Appeal
Hears appeals arising from decisions of the high court and in some cases, the more serious charges heard in the district court
Purpose of the Supreme Court
The final court of law and hears appeals on points of law, but only where there is a public interest or a risk of a miscarriage of justice.
Criminal Proceedings
Brought against individuals or organisations by the police/state and are heard in court.
Civil Cases
Disputes between individuals, companies and sometimes local or central government.
Beyond Reasonable Doubt
In criminal cases, to be convicted it must be proven beyond reasonable doubt that the person accused of the crime has committed the crime.
Balance of Probabilities
In civil cases, the plaintiff must prove their case on a balance of probabilities. This means they must prove that their version of events is more likely to be correct.
Category 1 Offences
Fines or community based sentences only eg Careless driving.
Category 2 Offences
Less than two years jail eg Common assault
Category 3 Offences
Two or more years jail eg Aggravated assault
Category 4 Offences
Very serious offences. Punishable by life imprisonment for two years or more eg Murder or Manslaughter
What if there’s more than one category?
If the defendant is charged with more than one category, the proceeding is conducted under the highest category of offence.
Pre-trial call over
If the defendant has chosen a judge and jury trial, after the case review the charge is put off to a “jury trial call over” - a pre-trial appearance before a judge to deal with procedural issues and make sure the case is ready to proceed to trial
Contempt
The objective of the law of contempt of court is to protect the integrity of the justice system and a defendants right to a fair trial. Eg. A reporter who does not abide by the sub juice rules may be held in contempt of court.
Sub Judice
Type of contempt. This prevents you from publishing anything that prejudices someones right to a fair trial. The sub juice period runs from the time an arrest is imminent until a conviction/acquittal is entered.
Under sub juice what can’t you do?
Speculate on someones guilt/innocence, cast dispersions on a persons character, publish information that may confuse a witness
Qualified Privilege
Allows reporters to report fairly without the fear of being successfully sued. However reporting must be fair, accurate, and balanced to be covered.
Who has automatic supression?
Victim in a case of sexual offence, defendent in incest case, all child victims (unless they are dead), anyone under 18 who is a witness, youth court processings.
In what instance would the defendents name (in incest cases) be published?
If the victim understands that they could then be identified and consents to it. In making its decision the court will take into account the victim’s age and whether the victim understands the nature and effect of the decision.
Which court hearings have automatic supressions?
In bail hearings you may only publish the name of the defendent, the charges they face, the decision of the court, and any conditions of bail if granted.
What is interium name supression?
Expires at either the defendents next appearence or when the judge has indicated it will expire. Must be renewed at every appearence. Lasts up to 28 days.
What is permanent name supression?
Remains in force forever. Does not expire even if the person dies.
Penalty for breaching supression order?
Fine of up tp $50,000 for a person, or $100,000 for a company.
Why do supression orders exist?
A judicial officer or registrar may make an order forbidding the publication of a person’s name, address, occupation or other particulars likely to lead to identification and of evidence or submissions in a criminal case.
Why would interium name supression be granted?
If naming the defendent would; cause extreme hardship to the person or a person associated, cause suspicion on another person and therefore undue hardship, cause undue hardship to the victim. Also granted if it would prejudice a trial, endanger the safety of someone or prejudice the maintenance of the law or secruity of New Zealand.
Suppression and sentencing indications?
Statements made by the court that indicate what kind of sentence a defendent would be likely to recieve if they were to plea guilty, must not be published.
