Criminal law and process


Victoria Australia


Don Just barrister Melbourne


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On-site 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, handwriting - 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 - Drugs - Fraud, theft, handling, burglary- Perjury, perversion of justice

Notes 4
Abuse of process - Admissions - 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 - Extradition

Notes 5
False denials, lies, post offence conduct, demeanour - General discretion to exclude evidence and the prejudice rule - Good character of accused - Hearsay - Judicially directed acquittal at trial - Juries: empanelment - Juries: empaneled to verdict or discharge without - Motive to lie - Privilege - Prosecution disclosure

Notes 6
Relevance - Separate trials of counts against one accused - Separate trials of one accused from another - Silence of accused or selective response - Tendency and coincidence evidence - Territorial and extra-territorial jurisdiction - Unreliable witness warnings - Voir dire - Witnesses

Sentencing law Victoria
Main sentencing options - Sentencing facts and matters - Submissions as to appropriate sentence - 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 - Improvement and prohibition notices - Corporations etc and their officers - Sentencing for breach of duty offences

some other Australian criminal law sites


Victorian Criminal Bar Association


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


John Stratton: A Criminal Law Survival Kit (NSW)

 

author of this site

Don Just barrister


of Victorian Bar
Melbourne, Victoria, Australia

justd@bigpond.com

List M
(61)(3) 9225 7444

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