Acknowledgment

• Murdoch University acknowledges it is located on the lands of the Whadjuk and Binjareb Noongar people.

• Respect is paid to the enduring culture and leadership of Noongar elders, both past and present.

• The boodjar (country) of Murdoch University has been a place of learning for thousands of years.

• The university takes pride in continuing this long-standing tradition of respecting the Country.

Course Information

• Subject: LLB130 Criminal Law and Procedure

• Topic: 11A | Trial

• Instructor: Dr. Jane Astill-Owen

• Pronouns: she / they

• Email: jane.tudor-owen@murdoch.edu.au

• Office: 460.2.014

Course Outline

• Contents:

  • Assignment Feedback

  • Lifecycle of a Charge revisited

  • Courtroom Procedures

  • Jury Trials

  • Trial by Judge Alone

Matters Arising

• Updates:

  • Assignments and Mock Exam have been released.

  • Structure of final tutorial discussed for this week.

Lifecycle of a Charge

• Initial Processes:

  • Police charge options include:

  • Remanded in custody

  • Notice to Attend

  • Bail

  • First Appearance – occurs at the Magistrates Court: Sections 32, 33 of CPA state:

  • Determine if charge is a minor/simple offence or an indictable offence.

    • Simple Charges: Handled in Magistrates Court.

    • Indictable Charges: Begin in Magistrates Court but may be transferred.

  • Plea Options:

  • Plea of Guilty (PG) or Plea of Not Guilty (PNG)

  • Remaining in Magistrates Court or committed to superior court depending on plea.

Trial Proceedings

• If Not Guilty Plea is Entered:

  • Trial Allocation Date is set

  • Trial Listing Hearing occurs in the Magistrates Court

  • Pathways:

  • Further proceedings can be held in District or Supreme Courts.

  • Options for outcomes of a trial:

    • Guilty

    • Not Guilty

    • Hung Jury

    • Retrial may be warranted.

    • Sentencing following verdicts or discharge decisions.

ODPP Statement of Prosecution Policy and Guidelines 2022

• Prosecution Initiation:

  • A prosecution begins upon charging a person with an offence.

• Decision to Prosecute:

  • Considers factors beyond mere investigative influence.

  • Fundamental Objectives:

  • Deliver justice to offenders.

  • Punish deserving offenders.

  • Protect community interests.

  • Facilitate compensation and restitution for victims.

• Considerations:

  • Rights of the accused

  • Interests of victims

  • Public interest considerations

• Prosecutorial Discretion:

  • Emphasizes the court's central role in determining guilt and sanctions.

Requirements for Prosecution

• Prima Facie Case:

  • Established when available material appears sufficient to support the charge.

• Public Interest:

  • Involves reasonable prospects of conviction and more, does not involve personal feelings of the prosecutor towards the case.

Courtroom Etiquette

• Proper attire is required:

  • Suit jacket

  • Groomed appearance

  • Counsel robes must be worn before entering court

• Form of Address:

  • Reference as “Your Honour” and “My Learned Friend.”

Jury Trials

• Legislation: Governed by the Juries Act 1957

• Empanelment Process:

  • Jurors selected for cases remain at the back of the court during arraignment.

  • The judge makes brief remarks, followed by the Prosecutor reading potential witness lists.

  • Jurors selected by drawing numbers; those with issues can communicate with the judge.

Empanelment Details

• Example Judge’s Remarks:

  • Emphasize objectivity, assessing serious allegations properly (like murder or sexual offences).

  • Jurors must understand that emotional bias should not impede their ability to serve impartially.

• Challenging Jurors:

  • Accused can’t object to the entire juror panel.

  • Specific challenges allowed before a juror is sworn.

  • Various limits on the number of challenges, prospects based on eligibility, and impartiality requirements.

Deliberations and Confidentiality

• Protected Information Definition:

  • Defined under Section 56A(1) of Juries Act 1957, includes discussions during deliberations not done in open court and juror identity specifics.

• Prohibition on Disclosure:

  • Penalties for unauthorized publication or solicitation of protected jury discussions.

Verdicts and Directions

• Black Direction: Given when jurors cannot reach a consensus.

  • Judges prefer to encourage further deliberation before discharging a jury.

  • Jurors must honor their oaths to deliver fair and impartial verdicts.

• Unanimous Verdict Requirement:

  • Jury's verdict must usually be unanimous, but if deliberation exceeds 3 hours with no agreement, a decision from 10 or more jurors may suffice, except in murder cases.

• Retrials: Consideration of public interest, community costs, and seriousness of the offence informs decisions.

Trial by Judge Alone

• Legislation Reference:

  • Section 118 of CPA provides framework for a trial by judge alone.

• Conditions to Apply:

  • Accused must agree, and trials deemed complex or burdensome to jurors may lead to a judge-only trial.

  • Court may weigh community standards based on the factual issues involved and the potential for bias due to pre-trial publicity.

Case Examples

• State of WA v Bradley Edwards: Highlights complexity of cases, potential juror bias due to publicity, and considerations for granting trials by judge alone.