Criminal law & process
Victoria Australia



Don Just
barrister Melbourne

 



Contents of notes




Notes 1
Defining a crime - Proving a crime (1): evidence, specificity and particularity, burden, standard - Proving a crime (2): circumstantial, wilful blindness, presumption of regularity - Duplicity - Identification - Parties to a crime - Criminal defence - Mental impairment and unfitness to be tried

Notes 2
Homicide - Other non-sexual offences against the person - Sexual offences

Notes 3
Attempted offences - Conspiracy - Criminal Damage to Property -Drugs - Fraud, theft, handling, burglary - Perjury, perversion of justice

Notes 4
Abuse of process - Admissions and Confessions - Alternative verdicts - Amendment - Bail - Calling of prosecution witnesses - Change of plea - Committals, indictments - Cross-examination - Double jeopardy and other bars to re-litigation of issues - Evidence illegally or unfairly obtained - Expert opinion and lay opinion - Extradition

Notes 5
General discretion to exclude evidence and the prejudice rule - Good character of accused - Hearsay - Incriminating conduct post-offence - Judicially directed acquittal at trial - Juries: empanelment - Juries: empaneled to verdict or discharge without -- Legal representation for accused - Motive to lie - 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 and coincidence evidence - Territorial and extra-territorial jurisdiction - Unreliable witness warnings - Unrepresented accused at trial - Voir dire - Witnesses

Sentencing law Victoria
Main sentencing options - Sentencing facts and matters - Sentencing purposes - Sentencing factors which a court must regard - Principles of proportionality, 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 or 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 and compliance codes - Improvement and prohibition notices - Health and safety reps; provisional notices - Corporations etc and their officers - Sentencing breach of duty offences

 

site author

Don Just barrister

of Victorian Bar
Melbourne, Victoria, Australia

justd@bigpond.com

this page is
www.justd.com/leadcas.htm

home page is
www.justd.com

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some other Australian criminal law sites

Victorian Criminal Bar Association

Judicial College of Victoria
includes Victorian Criminal Charge Book, Victorian Criminal Proceedings Manual and Victorian Sentencing Manual

John Stratton: A Criminal Law Survival Kit (NSW)


1998-2014 Don Just

case & statute links are AustLII, Vic Gov or others: see address bar