Legal studies crime essay - Criminal Trial Process

Juries - legislation

The Jury Act 1977 (NSW) - governs the way in which juries are selected and operate. Juries decide the conviction of the defendant and are selected from electoral rolls.

Juries - evidences

R v Rogerson and R v McNamara (2016) - jurors dismissed due to potential prejudice.
BOSCAR 2008 study ‘Juror Understanding of Judicial Instructions in Criminal Trials’ - 55.4% of jurors believed ‘beyond reasonable doubt’ meant ‘sure that the person is guilty’, 10.1% believed it meant ‘pretty likely’.

Use of evidence - legislation

The Evidence Act 1995 (NSW) - outlines the way evidence must be obtained in order to be used in court. In criminal cases, the Crown Prosecutor holds the burden of proof.

Use of evidence - evidences

R v Close [2020] NSWSC 1026 - Prosecution used evidence to disprove defence’s claim of manslaughter due to intoxication.
R v Keli Lane (2011) - Dr Xanthe Mallett: ““If Lane can be found guilty of murder… with no body, no forensic evidence or witnesses, and no rational motive, then any one of us could be accused and found guilty of a crime”

Pleas and charge negotiations - legislation

The Crimes (Sentencing Procedure) Act 1999 - Offenders must appear in charge negotiation after being charged with a crime

Pleas and charge negotiations - evidences

R v Shine (2016) - defendant plead guilty to greivous bodily harm with intent to murder. For guilty plea, appeal judge applied a 25% discount to his sentence.
ABC 2012 ‘Deals outside the courtroom’ - research highlighted prevalence of plea negotiations in Australia.