Phases of a Criminal Trial Notes

Criminal procedure is governed by legislation that codifies crimes and sentences.
- In Western Australia, the primary legislation includes:
  - Criminal Code Compilation Act 1913 (WA)
  - Road Traffic Act 1974 (WA)
Criminal offences are classified based on their seriousness:
- Summary offences: Less serious offences dealt with by summons before a magistrate in the Magistrates Court.
- Indictable offences: More serious offences, often involving arrest, where the offender has the right to a trial by jury before a judge in either the District Court or Supreme Court.
Pre-trial procedure:
- More complex for indictable offences, potentially involving remand or bail and a detailed police investigation.
Trial procedure:
- Almost identical for both types of offences, except that trials for indictable offences may include a jury.
Prosecution:
- Summary matters: prosecuted by the police, who are part of the executive branch of government.
- Indictable matters: prosecuted by the Director of Public Prosecutions (DPP), who is also part of the executive branch.
- Therefore, the State is a party to all criminal trials.

The police enforce laws.
- They may intervene if they observe an offence being committed by issuing a summons or arresting the offender if they are a danger.
- Arrest may occur in more serious offences to prevent further offending or escape.
Crimes may be discovered after some time, requiring a police investigation.
- After investigation, a suspect may be arrested and charged with an indictable offence.
Criminal disputes can be resolved at any time during the pre-trial or trial phase.
- If police & DPP determine insufficient evidence exists to prove guilt beyond reasonable doubt, they may abandon the case.
- An alleged offender may change their plea from not guilty to guilty to end the case, which results in benefits in sentencing.
  - The earlier the guilty plea, the greater the discount on the sentence.

Similarities in pre-trial procedures for summary and indictable offences need to be determined (refer to pages 182 & 183).
Differences in pre-trial procedures for summary and indictable offences and the reasons behind these differences also need to be determined (refer to pages 182 & 183).

The standard of proof is much higher in a criminal trial than in a civil trial.
- Beyond reasonable doubt: This high standard exists because a criminal conviction may result in the suspension or loss of rights for the defendant.

The accused may present a defence, arguing that their act was lawful or that they could not be held legally responsible.
Once a defence is raised, the parties must address it.
The onus and standard of proof differ depending on the defence.
- In some cases, the prosecution must disprove the defence.
- In others, the accused must prove the defence, with the standard of proof usually on the balance of probabilities.
Defences can be absolute (an excuse) or partial (a reason) for the commission of a crime.
Examples of defenses include:
- Self-defence
- Unsoundness of mind
- Provocation
- Accident

Sentencing and judicial discretion:
- Judges are bound by the Criminal Code and Road Traffic Act, which specify maximum penalties.
  - Example: common assault (p. 188).
- Judges are also bound by other laws, such as the Sentencing Act 1995 (WA), which specifies minimum and maximum sentences and factors to consider.
- Judicial discretion allows judges to tailor sentences to fit both the crime and the offender.
Mandatory sentencing:
- Conflics with judicial discretion.
- Refer to p. 188.

Judges aim to achieve one or more of the following:
- Retribution (punishment)
- Deterrence (specific and general)
- Community protection
- Rehabilitation

Imprisonment
Community-based sanctions
Home detention
Fines
These options can be used in combination.
- A severe sentence, like a jail term, can be suspended on the condition of good behavior.
- Suspended sentences coupled with good behavior bonds provide powerful deterrence and rehabilitation tools.