The Trial Process and Sentencing

What is Open justice/ in camera

trials are normally open to the public, but judges may close the court (in camera) if either party applies or if the judge believes its in the best interest of justice.

What is double jeopardy?

An acquitted defendant cannot be prosecuted again for the same offence.

What is a Sentencing hearing?

A post rial proceeding held after a guilty verdict. In which the judge decides the defendants sentence.

What is the DPP submission?

The DPP submits all facts that should be considered in sentencing. I.e. criminal records.

The DPP will also argue for an approptirate sanction that reflects the seriousness of the offending.

What is the Defence plea in mitigation?

The defence makes submissions aimed at minimising the likely penalty.

What is the Victim Impact Statement?

Victims have the right to read a prepared statement in court to highlight the effect the case had on them.

What is a Pre-sentence report?

If a custodial sentence is likely, the judge may order reports .

(e.g. psychiatric, pre-sentence)

What is the judgement phase?

The judge adjourns, considers written submission and reports, writes the sentencing report privately. The judge reconvenes and reads the sentencing judgement to the defendant in open court that are then later published.

What is the Head sentence?

The total period a prisoner would spend in gaol if parole is denied by the parole board at the non-parole period.

What is the Non-parole period

The period the prisoner must serve before becoming eligible to apply for parole. in SA the minimum non-parole period is 4/5 of the head sentence.

What is a Suspended sentence?

A custodial sentence is a sentence that is imposed but SUSPENDED on the condition of a good behaviour bond.

What are some Non-custodial sanctions

1. fines

2. comunity service orders

3. home detention

4. seisure of property or assets gained illegal means

5. good behaviour bonds

6. intervention orders

What is the Grounds for an Appeal based on issues of LAW?

pertains to the trial judges Application of the law

What is the Grounds for an Appeal based on issues of LAW?

Pertains to the weighting and application of evidence to arrive at the verdict, or the SEVERITY of the sentence.

What is Special leave?

The permission granted by the high court of Australia to hear an appeal.