Criminal law & process Victoria

Don Just
barrister Melbourne

Table of contents

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

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

Notes 3
Attempted offences - Conspiracy - Criminal damage to property - Drugs - Fraud, theft, handling, robbery, burglary etc- Misconduct in public office - Perjury, perversion of justice - Slavery - Terrorism - Treason

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

Notes 5
Discretions to exclude evidence and the prejudice rule - Good character of accused - Hearsay - Incriminating 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 - 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 - 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 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

this page is

home page is


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)

1998-2015 Don Just

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