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NSW Supreme Court Austlii Lisa Adams - Legal Studies 2012.

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1 NSW Supreme Court Austlii Lisa Adams - Legal Studies 2012

2 Nature of Crime Summary / Indictment Why does the criminal law exist? Those weird latin terms- actus reus, mens rea. Can you explain the difference ? Categories of crime- offences against; the person, the sovereign, economic offences, drugs, driving, public order, preliminary crimes (attempts and conspiracy) Indictable offences require trial before judge and jury, and so are usually reserved for more serious offences. Summary offences require trial before a magistrate, who sits as both the tribunal of law and fact. There are now hybrid offences, where the defendant in an indictable matter may elect to be tried before a single judge sitting without a jury. Why would you do this if you were the defendant? Remember our previous class discussions? Lisa Adams - Legal Studies 2012

3 Parties to a Crime- not a party at a Crime !! What do we mean when we talk about “murder in the 1 st degree” or “2 nd degree”? In criminal law, an “accessory” is not a Gucci belt. How can you be charged as an accessory before the fact and an accessory after the fact. Let’s review our previous class discussion of the Judy Moran case- she was convicted as an accessory before the fact to the murder of her brother in law, Des “Tuppence” Moran. What are the factors that affect criminal behaviour? Lisa Adams - Legal Studies 2012

4 Criminal Investigation Police powers Reporting crime Gathering evidence, new and old technologies, warrants for search and seizure of goods Arrest and charge, warrants to arrest the person, summons to court Bail or remand into custody Detention and interrogation Rights of suspects Lisa Adams - Legal Studies 2012

5 NSW Supreme Court Director of Public ProsecutionsDefendant Sits on the side of the bar table closest to the witness box Presents the criminal case against the Defendant. Acts on behalf of the state to prove the case against the Defendant. In a criminal case, the Defendant sits at the bar table next to his or her Defence Lawyer Lisa Adams - Legal Studies 2012

6 Police OfficerWitness Will be present if there is a prisoner in custody or for security. They are required to take the prisoner from the Watchhouse of the nearest Police Station or the Mental Health Ward of the Hospital to the court and vice versa. They must also be on hand to take someone into custody if sentenced to imprisonment A witness swears an oath or gives an affirmation to tell the truth when giving evidence in court. Lisa Adams - Legal Studies 2012

7 NSW Supreme Court and District Courts The Judge is called a Justice Role Oversees a trial Addressed as ‘Your honour’ In NSW, these justices have chosen to not wear wigs except for criminal trials and only wear gowns. Decides questions of law Summarises the evidence at the end of the trial and before jury deliberations. Explains the law to the jury If the accused pleads guilty, the justice decides the sentence. If the accused pleads not guilty and then is found guilty by a jury, the Justice will decide the sentence. Lisa Adams - Legal Studies 2012

8 Judge’s associate Tipstaff Sits in front of the judge Is the Judge’s PA. Draws out names for jury selection Swears in the jury Announces the charge/s against the accused Liaises with the parties Records court proceedings and the jury verdict. Sits in front of the judge & is their Personal attendant Runs the courtroom Announces when the court is in session, swears in witnesses. Only other person permitted to enter the jury room, looks after the jury. Lisa Adams - Legal Studies 2012

9 Crown ProsecutorDefence Counsel Sits at the bar table facing the judge on the side closest to the jury box Sits at the bar table facing the judge on the side that is closest to the witness box Is a barrister and full-time employee of the Office of Public Prosecutions. Presents the case to the jury on behalf of the Crown (or state) and his or her job is to prove the Defendant committed the criminal offence. Represents the Defendant and questions witnesses in court Barristers in the Supreme Court wear wigs & gowns Lisa Adams - Legal Studies 2012- Picture Geoff Harrison who is a Barrister in the Supreme Court of NSW

10 Instructing solicitor (Defence) and Junior prosecutor Sits at the bar table, but faces the Defence barrister, or senior prosecutor with their back to the judge. Will brief and assist barristers by preparing paperwork for when the case goes to court. Make notes of the proceedings Instructing solicitor- communicates with the defendant during court proceedings Junior prosecutor- communicates with Police informant during court proceedings Organise attendance of witnesses Liaise with judge’s associate Lisa Adams - Legal Studies 2012

11 Jury A jury is made up of 12 people The jury sits at the side of the courtroom and enters and exits through their own entrance Considers facts of a case & evidence & applies these facts to the law and decides a verdict of guilty ‘beyond reasonable doubt’ or not guilty. If a verdict cannot be reached, a hung jury results. Juries must reach a unanimous verdict (12 out of 12) for most serious indictable offences such as murder, but a majority verdict (11 out of 12) us allowed for all other serious indictable offences. Lisa Adams - Legal Studies 2012

12 Sentencing and Punishment Check the law- what’s the charge? Types of penalties reviewed There are often statutory and guidelines set by the Court- what does this mean? Why punish the offender? Whose justice is it? Review of specific and general deterrence. Retribution vs rehabilitation Aggravating and mitigating circumstances. The Court will take into account the impact of the victim’s story. No conviction recorded (only for minor charges where the offender has a clean record) Caution, fine, good behaviour bond, suspended sentence, probation Criminal infringement notice penalty units, community service order, forfeiture of assets, imprisonment, home detention, periodic detention. Remember Derryn Hinch (radio personality) was sentenced to 5 months home detention- why not imprisonment? Indigenous program penalties- circle sentencing, restorative justice Lisa Adams - Legal Studies 2012

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