Vce Legal Studies Criminal Procedure 2009 Case Study

VCE Legal Studies CRIMINAL PROCEDURE followed in the County and Supreme Court

The Scenario
Exiting the Salt nightclub, an altercation occurred between Kim and Bec over a taxi.
Kim grabbed Bec as she attempted to climb into the taxi and ripped her violently from the cab.
Bec responded by aggressively punching Kim in the stomach
Kim pulled a flick-blade knife from her bag and stabbed Bec in the stomach
Bec died several hours later as a direct result of the stab wound.
Kim has been charged with murder.

What will
happen to Kim?

Has Kim committed a summary or an indictable offence?

Elements of an Effective Legal System
air and Unbiased Hearing
ccess to Mechanisms of Dispute Resolution ecognition of Prevailing Values and Basic HR imely Resolution of Disputes F A R T

Pre-Trial Procedures
Pre-trial procedures are those steps that occur once a suspect has been identified.
These procedures are the same regardless of which court the accused person will be tried in.

Arrest Crime Committed (Indictable Offence) Police Investigation Rights of individuals Exonerated – no further action Released pending summons Charged and released on bail Charged and held on remand Given a caution notice MAGISTRATES’ COURT with a warrant Police Powers without a warrant

S P E C I A L M E N T I O N H E A R I N G Contested Committal Proceeding ? IN THE MAGISTRATES’ COURT Accused to be committed for trial Prima Facie case established No Prima Facie case established Plea of Not Guilty Evidence collected in a deposition Defendant Discharged Plea of Guilty Plea brief Hand-up Brief Committal Mention Hearing Post Committal Conference

DPP Case Conference Presentment Summary of Prosecution Opening Notice of Pre-Trial Admissions Defence Response First Directions Hearing Subsequent Directions Hearings TRIAL Nolle Prosequi (no plan to proceed)

Elements of an Effective Legal System
air and Unbiased Hearing
ccess to Mechanisms of Dispute Resolution ecognition of Prevailing Values and Basic HR imely Resolution of Disputes F A R T How are these achieved through pre-trial procedures?

Trial Procedures
A case brought before the County Court or Supreme Court is known as a trial
A trial is an examination and determination of legal case in a court
Trial procedures are those steps involved in the conduct of a legal case in a court.

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Vce Legal Studies Criminal Procedure 2009 Case Study

by Rowville Secondary College on Sep 03, 2009

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