U3 OAS1a - L2 Flashcards
summary offences
minor criminal offences that are heard in the mag court and have a maximum sentence of 2 yrs prison for a single offence or 5 yrs for multiple offences.
summary offence example and legislation
outlined in the summary offences act 1966 (vic). eg jay walking.
indictable offences heard summarly.
group of incidctable offences that are less serious. these are listed in the criminal procedures act 2009 (vic)
factors for a indictabke offence to be heard summarily
offence is not punishable by a maximum sentence of more than 10 yrs
court (judge and prosecution) agree it is appropriate.
accused consents.
indictable
serious criminal offences that are listed in the crimes act 1958 (vic). eg murder.
features of indictable offences.
committal proceedings
county/supreme court
trial by jury.
parties in a case
prosecution
accused.
prosecution role
present evidence to prove the guilt of the accused beyond reasonable doubt
accused role
individual charged with crime must enter a plea and if need be attempt to defend themselves by poking holes in the prosecutions case or raise a defence for their act