unit 3 aos 1 legal SAC Flashcards
what are summary offences
summary offences are minor offences that are generally heard in the magistrates court
what are indictable offences
indictable offences are serious offences generally heard before a judge and jury in the county court or supreme court of victoria
what are indictable offences heard summarily
some indictable offences are heard as if it were a summary offence, meaning they have no jury and are heard in magistrates court if it is deemed appropriate
why would an accused want their indictable offence heard summarily
it is cheaper, faster, more efficient and lower sections
why wouldn’t an accused want their indictable offence heard summarily
they may want judge expertise, jury sympathy and if the case is more complex
what is the burden of proof
the burden of proof refers to which party had the onus (responsiblity) to prove the factors of the case
burden of proof (criminal)
prosecution who must prove every element of the offence charged beyond reasonable doubt
why does the bop rest on the prosecution
to uphold the presumption of innocence
prosecution has more resources
if it was on the accused it would assume guilt
consistent with society’s values of fairness
prosecution initiated the case
reverse burden of proof
when the burden of proof is occasionally revered onto the accused for example drug possession.
standard of proof
refers to the strength of evidence you need to prove the case, which is beyond reasonable doubt in criminal law
what does beyond reasonable doubt mean
- no reasonable doubt presented from the case
- it isn’t enough to be probably guilty or very likely
- sits in between very likely and certain
- fanciful and unrealistic doubts are not reasonable
what is the presumption of innocence
legal principle that states that a person accused of committing a crime is entitled to be considered not guilty until proven guilty according to law
why does the poi exist
- as a society we believe it is better to let a guilty man walk free then an innocent wrongly convicted
- resource imbalance
- principle of fair trial
how is the poi upheld
prosecution has the burden
standard of proof being high
recognised as a right of an accused in the Charter
releasing accused on bail
right to silence
prior convictions are usually not presented
how is the poi hindered
holding accused on remand
reverse burden of proof
when prior evidence is used
plea negotiation process
difficulty in being released on bail
what are the 3 studied rights of the accused
- right to trial without unreasonable delay
- right to silence
- right to trial by jury
what is the right to trial without unreasonable delay
the accused is entitled to have their charged heard in a timely manner, and if any delays occur they must be reasonable, found in vic charter of rights and responsibilities
sexual offence: 3 months
other crimes: 12 months
depends on complexity of the case
what is the right to silence
the protections given to the accused not to say anything or do anything including refusing to answer police other than name and address, as well as refusing to give evidence. found in common law and statute law (evidence act)
no adverse differences can be drawn from the fact that the person did not answer any questions or give any evidence
what is the right to trial by jury
this right entitled an accused to have their peers within the community decide whether they are guilty if it is an indictable offence, found in the victorian juries act and the constitution.
jury allows for legal; participation in the the system
what is the right to give evidence using alternative arrangements
they have alternative arrangements to give evidence for citrims who are also witnesses. these arrangements can be made for certain types of offences like commonly secual offences where they may want to give evidence in a separate room, support person or a dog or a screen to block the accused from their view
found in criminal procedures act
what are the three studied rights of victims
- the right to give evidence using alternative arrangements
- the right to be informed about proceedings
- the right to be informed about the likely release date of the offender
what is the right to be informed about crIminal proceedings
the accused has the right to be given information about what is going on with criminal proceedings, given to anyone who is a victim which is the broadest category
it must happen during police investigation at reasonable intervals and once the prosecution has commenced the dpp must give the victim information. found in victims charter
what is the right to be informed about the likely release date of the offender
victims are allowed to reserve certain information about an offender who has been imprisoned, available to victims on the victims register for crimes such as rape or sexual offence, aggravated assault and child stealing, must be provided 14 days before release and is found in vic charter and corrections act
what is a victim?
people that have suffered as a result of a crime, including person suffered injury directly, family member of the death or family or someone with mental impairment due to the crime
