Criminal law & process Victoria

Don Just


Notes 1
Sources of criminal law and process in Victoria
Defining a crime
Proof of crime: evidence, specificity and particularity, burden of proof, standard of proof
Proof of crime: circumstances and inference, wilful blindness, presumption of regularity
Statutory complicity, 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
Criminal damage to property
Misconduct in public office
Perverting the course of justice
Public Nuisance
Theft, obtainings by deception, robbery, burglary, handling stolen goods etc
Urging violence etc, sedition, criminal defamation, vilification


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


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


Notes 6
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


Sentencing law Victoria
Main sentencing options
Sentencing facts and sentence range submissions
Sentencing purposes and the principle of proportionality
Some sentencing considerations which a court must have regard to
Principles of parsimony, totality and parity
Instinctive synthesis
Head sentence, non-parole period, administration and grant of parole
Impaired mental functioning, personality disorder
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


page author
Don Just barrister
of Victorian Bar
Melbourne, Victoria, Australia