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LEGAL
| Question | Answer |
|---|---|
| summary offences | minor criminal offences usually heard in the magistrates court without a jury. Most summary offences committed can be found in the Criminal Offences Act 1966 (Vic). Hearing. Common assault or driving offences |
| indictable offences | Criminal offences serious in nature and generally heard in the County or Supreme court by a judge and jury. Unless otherwise stated, all offences in the Crimes Act 1958 (Vic) are indictable offences. Trial. Rape, murder |
| indictable offences heard summarily | A subset of indictable offences that can be heard in the Magistrates Court in a similar manner to a summary offence. No jury. Criminal procedure Act 2009 (Vic). Hearing. less costly, time consuming , less severe sentence. Theft not exceeding $100000. |
| Burden of proof | The responsibility of a party to prove the facts of a case. In criminal law the prosecution has the burden of proof, meaning the onus is on them to prove the facts and charges against the accused. self defence raised- burden of proof reversed to accused |
| standard of proof | The degree to which the facts of the case must be proven in court. In criminal proceedings the burden of proof is beyond reasonable doubt, meaning the judge or jury must have no reasonabledoubt, based on the evidence presented, that the accused is guilty |
| Presumption of innocence | The right for all accused persons to be presumed innocent until proven guilty beyond reasonable doubt guilty. Upheld by several features of criminal law e.g. right to silence, right to bail, right to appeal, right to not have prior convictions revealed. |
| Rights of the accused | As outlined in the Charter of Human Rights and Responsibilities Act 2006 (Vic), which influences laws for the accused to be guaranteed certain rights. (right to silence, right to trial without unreasonable delay, right to trial by jury) |
| Right to silence | right of the accused to remain silent during questioning to avoid accidentally self incriminating . onus on prosecution to prove the accused is guilty, not the accused to prove their innocence. ensures presumption as silence cant be seen as sign of guilt |
| Right to trial by jury | the right for accused persons of indictable offences to have guilt determined by impartial members of the community rather than single judge, reflecting a cross section of community, reducing bias towards certain minority groups or either party |
| Right to trial without unreasonable delay | the right for accused persons to have their case heard in a timely manner unless the court considers delays as 'reasonable'. ensures witnesses memories don't fade and evidence remains reliable so a fair outcome can be achieved. reduces stress, legal costs |
| Rights of victims | laws exist to uphold the rights of victims of crime and their families. The Victims’ Charter Act 2006 (Vic) creates various rights for victims e.g. give evidence using alt arrangements, be informed on proceeding, and release date of offender |
| Right to give evidence using alternative arrangements. | an entitlement for victims or witnesses of certain crimes in Victoria to give evidence in court in a non-standard way that aims to be less traumatic for the victim. improve witnesses willingness to give evidence, and chance of fair outcome |
| Right to be informed about the proceedings | an entitlement for victims to be provided with information related to the case in which they are involved in, subject to certain limitations. important as victims often have strong desire to observe justice, uncertainty is eliminated, reducing second vict |
| Right to be informed about likely release date of the victim | a right entitled to victims of violent crimes whereby they can apply to be registered on the Victims Register and will be informed about the likely release date of an offender who has been imprisoned. can take precautions, make submission to parol board. |
| Fairness | The principle that all people can participate in the justice system and its processes should be impartial and open. Independent decision maker, burden of proof, standard of proof |
| Equality | the principle that all people engaging in the justice system should be treated in the same way but if the same treatment creates disparity or disadvantage, measures should be implemented to reduce this. Interpreters, right to representation, rule of law |
| Access | the principle that all people should be able to engage with the justice system and its processes on an informed basis. VLA free info, informed about proceedings, interpreters |
| Victorian Legal Aid (VLA) | VLA is a government funded agency that provides free legal info, advice and free or low cost legal rep. must pass income test or means test |
| Community Legal Centres | Not for profit, independent organisation that provides free legal info, advice, education and casework services. can be general or specific (youth law). strict eligibility criteria |
| Plea negotiations | allows criminal cases to be resolved without a trial which is in the best interest of both parties. early determination of case, avoid stress and trauma, avoid costs of trial, reduced sentence. May not adequately reflect crime, unfair outcome |
| When are plea negotiations appropriate and not appropriate | appropriate: accused is willing to plead guilty, self representing, prosecution wish to avoid costs and time, vital evidence is inadmissible not: alleged offending is serious to point lesser charge is not in public interest, prosecution don't agree |
| Reasons for Vic Court Hierarchy | the arrangement of courts in order of superiority facilitates specialisation, due to separation of cases across the different levels, meaning criminal cases are resolved in a more efficient manner. If a party is unsatisfied with outcome can appeal |
| Importance of legal representation | ensure case is presented in best light possible. provide comfort, fairer outcome as they provide advice, client can participate in an informed basis, ensures whole truth emerges, impartial. Costly, VLA strict eligibility, means not all can receive |
| Impact of cost and time | high costs can discourage individuals from appealing a verdict. those who can't afford legal rep may have difficulties understanding criminal proceedings and rights during trial. VLA provides assistance but has limited resources. Delays impact evidence |
| Impact of cultural differences | Limited english, inherent mistrust towards authorities, fear of cultural repercussion, e.g. not taking action against DV in fear of dividing fam or cultural shame, avoid eye contact for respect, can be misinterpreted as sign of guilt, living remote, |
| Purposes of sanctions | Rehabilitation: CCO, DTO Deterrence: specific and general Protection: removing from society Denunciation: criticise publicly Punishment: just sentence |
| Types of sanction | Fines: monetary payment, may not high enough to discourage wealthy individuals, can penalise offenders according to their financial circumstance imprisonment: limits rehab community correction order: served in com, rehab, restriction from certain places |
| Aggravating factors | aspects of an offence or offender that render the offending more serious, can lead to more serious sanction. Committed with weapon, premeditated, committed on outnumbered person. |
| Mitigating factors | aspects of an offence or offender that decrease the seriousness of an offence and consequently can decrease the sanction, decrease culpability. Genuine remorse, traumatic past, age of offender. |
| Guilty plea in sentencing | may reduce offenders sentence. |
| Victim impact statement | written or verbal statement made to a court about the effect of an offence upon the victim. severity of the offence, taken into consideration when sentencing. |
| AOS2 | |
| Burden of proof in civil | In civil law the burden of proof is on the plaintiff, the party who initiated the claim. |
| Standard of proof in civil | on the balance of probabilities meaning more likely than not defendant is liable . Lower than that of criminal law as consequences of breaching civil law are not as severe as breaching criminal law. |
| factors to consider before initiating a civil claim | initiating a civil claim is not only time consuming and costly but complex and may not result in plaintiff receiving compensation. plaintiff should consider cost for legal rep, mediation fees, appeal fees, limitation of actions, enforcement issues |
| Mediation | non judicial dispute resolution method involving an independent third party (mediator) who facilitates conversation between disputing parties, aiming to reach a mutually agreed resolution. mediator doesn't provide info or suggestions. Non-binding outcome |
| Appropriateness of mediation | appropriate: maintain relationship, willing to discuss, privacy, lower fees, prompt reso not: highly emotional, power imbalance, history of violence, unwilling to discuss, binding outcome is necessary |
| sanction | A penalty imposed by a court, or an authorised body, on an offender when they plead guilty or are found guilty of a crime. |
| imprisonment | the most serious criminal sanction which removes an offender from society and deprives them of their liberty. protects community as offender is removed from society and therefore doesn't pose a significant risk to victim or their family |
Created by:
kelllyy