Legal Studies AOS1

Difference styles of legal citations

Purpose of the criminal justice system

to determine weather the accused is guilty and impose sanctions if they are found guilty

parties in a criminal case

accused

prosecution

Types of offences

summary offences

- minor offences

• heard in magistrates court

• called a hearing

• no jury 

• most are outlined in the summary offences act

• e.g disorderly conduct, drinking offences, minor assaults

95% of offences are minor

indictable offences

- serious offences

• heard in a county or supreme court before a judge & jury

• entitled to a jury trial if the accused pleads not guilty

• called a trial

• outlined in crimes act

• some heard summarily - outlined in criminal procedures act 

• e.g homicide offences, fraud, drug trafficking 

indictable offences heard & determined summarily

- less serious offences

• if the court & accused agree

• outlined in criminal procedures act

• maximum 2 years imprisonment for 1 offence

• maximum 5 years imprisonment for 1+ offence

• e.g robbery < $100,000

difference between theft, robbery and burglary

theft: take

rob: force e.g threaten

burglary: breaking in & entering

Committal proceeding

• pre-trial hearings and proceedings held in magistrates court for indictable offences

• involve several steps (filing and mentioning hearings & cross examination of witnesses)

committal hearing

• court hearing as part of the committal proceeding

• held in magistrates court, to determine weather there is sufficient evidence to support a conviction