Australian criminal law and process



Don Just barrister Melbourne

State law references on this site are mainly to Victoria

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index to on-site criminal law notes


Notes 1
Defining a crime: general principles - Proving a crime: general principles - Conspiracy - Drugs - Fraud, theft, handling, unlawful possession, burglary

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

Notes 3
Confessions - Propensity evidence - Identification - False denials, lies, post offence conduct, demeanour of accused, betterment - Silence of accused or selective response - Expert opinion - Unreliable witness warnings - The prejudice discretion - The discretion to exclude evidence illegally or unfairly obtained

Notes 4
Abuse of process - Double jeopardy and other bars to re-litigation of issues - Duplicity - Judicially directed acquittal at trial - Mental impairment and unfitness to be tried - Separate trials of counts against one accused - Separate trials of one accused from another

Notes 5
Abortion - Alibi defence - Alternative verdicts - Amendment - Attempt - Bail - Calling of prosecution witnesses - Causation - Change of plea - Change of venue - Comment prohibited on standing mute - Committals, presentment for trial - Complicity - Criminal liability of children - Cross-examination - Diplomatic immunity - Drink driving - Duress and necessity defences - Extradition - Good character of accused on issue of guilt - Hearsay - Handwriting - Immunity of advocate in criminal cases from civil suit - Innocent agency - Intoxication - Motive to lie - Particulars - Perjury - Pervert course of justice - Presumption of regularity - Prior statements of witness - Privilege - Prosecution disclosure - Relevance - Res Gestae - Territorial and extra-territorial jurisdiction - Time limitations - Unrepresented accused - Voir dire - Warrants, surveillance devices and telephone intercepts - Witnesses

Occupational health & safety law Victoria
Occ. Health and Safety Act duties - Principal Victoria ohs regulations - Improvement and prohibition notices - Compliance Codes and Codes of Practice - Corporations etc and their officers - Sentencing for breach of duty offences

Criminal juries Victoria
Source of jury panel - Empanelment - Empanelment to retirement - Discharge without verdict - During retirement - Verdict or disagreement - After verdict or disagreement

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
Appeal to County Court or Supreme Court against finding of guilt or sentence by Magistrates' Court or Children's Court - Appeal to Court of Appeal against jury verdict of guilty - Appeal to Court of Appeal against conviction by County Court or Supreme Court after plea of guilty - Appeal to Court of Appeal against sentence by County Court or Supreme Court - Order 56 Judicial Review - Appeal to High Court

 

some other Australian criminal law sites


Victorian Criminal Bar Association


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


Leo Cussen Institute
includes Max Perry criminal case notes


John Stratton: A Criminal Law Survival Kit (NSW)

 

 

author of this site


Don Just barrister


of Victorian Bar

Owen Dixon Chambers, 205 William St, Melbourne, Victoria 3000, Australia

 




justd@bigpond.com



(61)(3) 9225 7408



0417 307 812


practice: crime & ohs
on fees & availability
Meldrum's List
(61)(3) 9225 7444
meldrums@vicbar.com.au


this page is
www.justd.com/leadcas.htm
site established 1998, frequently updated and expanded


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© 1998-2008 Don Just
case & statute links are AustLII, Vic Gov or others: see address bar