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Legal case/act lo
legal 34 cases, acts and charters
| Term | Definition |
|---|---|
| Charter of Human Rights and Responsibilities Act 2006 (Vic) | aims to protect and promote human rights |
| Summary Offences Act 1966 (Vic) | outlines summary offences such as disorderly conduct, drink driving, minor assaults |
| Crimes Act 1958 (Vic) | outlines indictable offences such as murder, manslaughter, sexual offences, stalking, destruction of evidence |
| Criminal Procedure Act 2009 (Vic) | consolidates and reforms Victoria's main criminal procedure laws, highlights that Indictable offences can be heard and determined summarily |
| Commonwealth of Australia Constitution Act 1900 [UK] | set of rules and principles that guide the way Australia is governed |
| Wrongs Act 1958 (Vic) | highlights Indictable offences |
| S5 of Drugs, Poisons and Controlled Substances Act 1981 (Vic) | states that one is deemed to be in possession of a substance if it is on their property or Person cannot satisfy the court to the contrary |
| S64 of Jury Directions Act 2015 (Vic) | Allows judges to explain the concept of “beyond reasonable doubt” |
| Orman v The Queen [2019] VSCA 163 (26 July 2019) | Criminal and civil cases arose from the same set of facts! |
| federal crimes from the Criminal Code (Cth) | Tax fraud, unemployment fraud, Centrelink fraud |
| S344 of Children, Youth and Families Act 2005 (Vic) | It is conclusively presumed that a child under the age of 10 years cannot commit an offence. Between 10 and 14 there is a rebuttable presumption that you are incapable of committing a crime |
| s21(5) of Human Rights Charter 2006 (Vic) | Detained person has basic right to liberty and security, so they shouldn’t be held for an unreasonable amount of time |
| S24 of Human Rights Charter 2006 (Vic) | Have the charge decided by a competent, independent and impartial court after a fair and public hearing |
| S80 of Commonwealth of Australia Constitution Act 1900 [UK] | right to trial by jury - Only for indictable, Commonwealth offences |
| Criminal Procedures Act 2009 (Vic) | requires a jury when the accused pleads not guilty to the indictable offence |
| Juries Act 2000 (Vic) | : sets out the requirements in relation to the composition and responsibilities of a jury |
| Victims’ Charter Act 2006 (Vic) | Takes care of victims and their interaction with the criminal justice system |
| S7, 8, 9 of Victims’ Charter Act 2006 (Vic) | The right to be informed about the proceedings |
| S17 of Victims’ Charter Act 2006 (Vic) | The right to be informed of the likely release date of the accused |
Created by:
pg0612345
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