Criminal law & process Victoria

Don Just
barrister Melbourne


Table of contents

Notes 1
Sources of criminal law and process in Victoria - Defining a particular crime or quasi-crime - Proving a crime or quasi-crime (1): evidence, specificity and particularity, burden of proof, standard of proof - Proving a crime or quasi-crime (2): circumstantial evidence and inference, wilful blindness, presumption of regularity - Duplicity - Identification - Involvement in commission of offences, accessories, innocent agency, corporations - Criminal defence - Unfitness to be tried and mental impairment - Criminal responsibility of children


Notes 2
Homicide and other causing of death - Other non-sexual crimes against the person - Sexual crimes - Family violence


Notes 3
Attempted crimes - Conspiracy - Criminal damage to property - Drugs - Incitement - Misconduct in public office - Perjury - Perverting the course of justice - Public Nuisance - Slavery - Terrorism - Theft, obtainings by deception, robbery, burglary, handling stolen goods etc - Treason - Urging violence etc, sedition, criminal defamation, vilification


Notes 4
Abuse of process - Admissions and confessions - Alternative verdicts - Amendment - Bail - Calling of prosecution witnesses - Change of plea - Committal proceedings, indictment, coronial inquests - Contempt of court - Contents of documents as evidence - Cross-examination - Double jeopardy and other bars to re-litigation of issues - Expert opinion and lay opinion - Extradition


Notes 5
Discretions to exclude or limit the use of evidence and the prejudice rule - Good character of accused - Hearsay - Incriminating and other damaging conduct post-offence especially lies - Judicially directed acquittal at trial - Juries: empanelment - Juries: empaneled to verdict or discharge without - Legal representation for accused - Motive to lie - Powers of Victoria Police - Privilege - Prosecution disclosure


Notes 6
Relevance - Separate jury trials of charges against one accused - Separate jury trials of one accused from another - Silence of accused or selective response - Tendency, coincidence and context evidence, etc - Territorial and extra-territorial jurisdiction - Unreliable and potentially unreliable witness warnings - Unrepresented accused at trial - Voir dire - Witnesses


Sentencing law Victoria
Main sentencing options - Sentencing facts and sentence range submissions - Sentencing purpose; and the principle of proportionality - Some sentencing considerations which a court must have regard to - Principles of parsimony, totality and parity - Instinctive synthesis - Further notes


Criminal appeals Victoria
To County Court or Supreme Court against finding of guilt or sentence by Magistrates' Court - To Court of Appeal against interlocutory decision of trial judge - To Court of Appeal against jury verdict of guilty - To Court of Appeal against conviction by County Court or Supreme Court after plea of guilty - To Court of Appeal against sentence by County Court or Supreme Court - Order 56 Judicial Review - To High Court


Occupational health & safety law Victoria
Occ. Health and Safety Act duties - Victoria ohs regulations - Improvement and prohibition notices - Health and safety reps; provisional notices - Corporations etc and their officers - Sentencing breach of duty offences


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Don Just barrister
of Victorian Bar
Melbourne, Victoria, Australia

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