Criminal law & process

Victoria Australia



Don Just
Melbourne


 

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Contents

Notes 1.
Sources of criminal law and process.
Defining a crime.
Proof: evidence, specificity and particularity, burden of proof, standard of proof.
Proof: direct, circumstances and inference, wilful blindness, presumption of regularity.
Duplicity.
Identification.
Statutory complicity, accessories, innocent agency, corporations.
Criminal defence.
Attempted crimes.
Unfitness to be tried and mental impairment.
Criminal responsibility of children.

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

Notes 3.
Conspiracy.
Criminal damage to property.
Drugs.
Incitement.
Misconduct in public office.
Perjury.
Perverting the course of justice and attempting.
Public nuisance.
Slavery.
Terrorism.
Theft, obtaining by deception, robbery, burglary, handling stolen goods etc.
Treason.
Urging violence, sedition, criminal defamation, vilification.

Notes 4.
Abuse of process.
Admissions and confessions.
Alternative verdicts.
Amendment.
Bail.
Change of plea.
Committal proceedings, indictment, coronial inquests.
Contempt of court, offending at royal commissions and inquiries.
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.
Excluding or limiting use of evidence: prejudice, unlawfully or illegally obtained, discretions.
Good character of accused.
Hearsay.
Incriminating and other damaging conduct after alleged offence.
Judicially directed acquittal at trial.
Juries: empanelment, empaneled to verdict or discharge without.
Motive to lie.
Powers of Victoria Police.
Privilege.
Prosecution disclosure.
Prosecution leading exculpatory evidence.
Re-opening prosecution case.

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.
Voir dire.
Witnesses.

Sentencing law Victoria.
Main sentencing options.
Sentencing facts, sentence range submissions.
Sentencing purposes.
Some statutory sentencing considerations.
Proportionality and totality.
Mercy.
Parity.
Instinctive synthesis.
Head sentence, non-parole period, administration and grant of parole.
Impaired mental functioning.
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 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 criminal law Victoria.
Occ. Health and Safety Act duties.
Occ. Health and Safety Act reckless endangerment.
Victoria ohs regulations.
Improvement and prohibition notices.
Health and safety reps; provisional notices.
Corporations etc and their officers.
Sentencing breach of duty offences.

author
Don Just
Barrister Victorian Bar (retired list)
Melbourne, Australia

www.justd.com

© Don Just 2022
case and statute links mostly AUSTLII