Vce Legal Studies Criminal Procedure 2009 Case Study

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Vce Legal Studies Criminal Procedure 2009 Case Study

  1. 1. VCE Legal Studies CRIMINAL PROCEDURE followed in the County and Supreme Court
  2. 2. The Scenario <ul><li>Exiting the Salt nightclub, an altercation occurred between Kim and Bec over a taxi. </li></ul><ul><li>Kim grabbed Bec as she attempted to climb into the taxi and ripped her violently from the cab. </li></ul><ul><li>Bec responded by aggressively punching Kim in the stomach </li></ul><ul><li>Kim pulled a flick-blade knife from her bag and stabbed Bec in the stomach </li></ul><ul><li>Bec died several hours later as a direct result of the stab wound. </li></ul><ul><li>Kim has been charged with murder. </li></ul>
  3. 3. <ul><li>What will </li></ul><ul><li>happen to Kim? </li></ul>
  4. 4. <ul><li>Has Kim committed a summary or an indictable offence? </li></ul>
  5. 5. Elements of an Effective Legal System <ul><li>air and Unbiased Hearing </li></ul>ccess to Mechanisms of Dispute Resolution ecognition of Prevailing Values and Basic HR imely Resolution of Disputes F A R T
  6. 6. Pre-Trial Procedures <ul><li>Pre-trial procedures are those steps that occur once a suspect has been identified. </li></ul><ul><li>These procedures are the same regardless of which court the accused person will be tried in. </li></ul>
  7. 7. 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
  8. 8. 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
  9. 9. 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)
  10. 10. Elements of an Effective Legal System <ul><li>air and Unbiased Hearing </li></ul>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?
  11. 11. Trial Procedures <ul><li>A case brought before the County Court or Supreme Court is known as a trial </li></ul><ul><li>A trial is an examination and determination of legal case in a court </li></ul><ul><li>Trial procedures are those steps involved in the conduct of a legal case in a court. </li></ul>

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