Unit 3 AOS 1 - DP 1 Flashcards
What is a summary offence?
less serious criminal offence
- Heard in Magistrates Court
Are juries involved in a summary offence?
No, there is no right to trial by jury for summary offences.
Where are majority of summary offences outlined?
In the Summary Offences Act, where the sentences are generally less severe.
What are the examples of a summary offence?
Road traffic offences, minor assaults, property damage
What is an indictable offence?
More serious criminal offences
- (generally) Heard in County or Supreme court, before judge and jury
What occurs before an indictable offence trial?
A committal hearing in the Magistrates’ court.
What are examples of an indictable offence?
Manslaughter, murder, drug trafficking offences.
What is an indictable offence heard and determined summarily?
A less serious indictable offence, heard and determined in the Magistrates Court, as if it was a summary offence.
When can an indictable offence be heard and determined summarily?
If offence has maximum sentence of 10 years imprisonment or less
- if appropriate
Where are majority of indictable offences contained?
In the Crimes Act 2009
Why may an accused prefer indictable offences to be heard and determined summarily?
Max sentences handed down are lower
- single offence 2 years max
- 5 years for multiple offences
Hearing is quicker and less expensive
Guilt is decided by a Magistrate instead of jury.
What is the distinction between summary and indictable offences?
- seriousness
- whether guild decided by judge or magistrate
- court held in
- committal proceeding prior to hearing/trial, not for summary.
What is the standard of proof?
The strength of evidence required to prove the facts of the case
- prosecution must prove accused guilty beyond reasonable doubt
How can beyond reasonable doubt be explained?
Not defined in legislation, means no other logical or reasonable conclusion can be reached other than guilt.
Who decides guilt?
- Magistrate or jury. HOWEVER - burden shifts to accused for some aspects of case, and is ON THE BALANCE OF PROBABILITIES for that specific element. (e.g self-defence)
