Types Of Crimes+ Key concepts

Question 1

Indictable offences

Answer 1

• most serious criminal offences
• crime act 1958 (VIC)
• County court/ Supreme Court Trial Divison
• Judge- decider of facts
• Jury -decider of verdict
• trial

Question 2

Summary Offences

Answer 2

• Minor offences
• magistrates court
• Summary offences act 1966 (VIC)
• Magistrate-decider of law and fact
• No jury
• hearing

Question 3

Indictable offences heard summarily

Answer 3

•less serious indictable offences 
•to be heard summarily 
      -prosecution must agree
       - accused must consent 
       -mag. Must agree that the crime fits within thier O.J
•Magistrate- decider of law and fact

Question 4

Burden of proof

Answer 4

Obligation/ responsibility rests with the party bringing the case-prosecution

Prosecution is allegedly the accused committed the crime therefor must prove to the strictest/ highest standard (BRD) that the accused is guilty

Question 5

Standard of proof

Answer 5

Level, extent, strength of the evidence that the prosecution must present to the court to allow it to reach a verdict. In a criminal trial = Beyond reasonable doubt

Question 6

Presumption of innocence

Answer 6

The right of a person accused of a crime to be presumed not guilty unless proven otherwise

• protected by imposing a high standard on the prosecution to prove its case (beyond reasonable doubt)
• Imposing the burden of proof on the prosecution. That is, the prosecution must prove that the accused is guilty. Accused persons don’t have to prove they are innocent