A Criminal Offence - Summary and Indictable Offences - Law Assignment Help

Assignment Task:

Part One (15 marks):

1. What does the prosecution need to prove in the courtroom for a defendant to be convicted of a criminal offence?

In order to prove that the offence at trial was committed by the accused, the prosecution must present sufficient evidence to the criminal standard of beyond reasonable doubt, (Commonwealth Director of Public Prosecutions (CDPP), 2020). This principle is fundamental to the presumption of innocence, (Australian Law Reform Commission, 2015).

2. What are the differences between summary and indictable offences?

A summary offence, in nature, is a less serious criminal offence of which can only be heard and decided in the magistrates’ court by a magistrate. Such offences account for the majority of cases heard in the magistrates’ court, and only have a maximum imprisonment of two years, (Legal Services Commission, 2016). Examples of summary offences include disorderly behaviour, wilful damage to property and driving offences, (Magistrates Court of Victoria, 2020).
Indictable offences can be divided into two categories, major indictable offences and minor indictable offences, (Legal Services Commission, 2018). A minor indictable offence is also heard in the Magistrates Court whereby the case is prosecuted by the police, although the accused can decide for the matter to be heard in a higher court. These offences have a maximum imprisonment of five years, (Legal Services Commission, 2018). Theft and indecent assault are examples of a minor indictable offence, (Victoria Legal Aid, 2019). Major indictable offences, on the other hand, are more serious offences heard in the Supreme Court before a judge where the defendant has a right to a fair trial by jury, (Legal Services Commission, 2018). These offences can include rape, murder and armed robbery, (Magistrates Court of Victoria, 2019). Indictable offences that are considered to be major, a maximum of life imprisonment may be implemented, (Queensland Sentencing Guide, 2019).

3. What is a legal ‘defence’? Describe two common defences in criminal law.

According to Hardy (2019) a defence is a distinct legal argument of which provides a justification or reason as to why a crime was committed by a person. If the elements of defences are determined either the actus reus or mens rea will be disproven. One example of a defence is self-defence. Self-defence is a full defence, which means that the criminal act is justified and in turn leads to the defendant being acquitted, (Hardy, 2019). Self-defence is the use of reasonable force to protect oneself from death or grievous bodily harm if unlawfully assaulted through no fault of their own. Such a defence is unattainable if force is used before it is necessary, or if force is used with the intent to kill or cause grievous bodily harm, (Caxton Legal Centre, 2019). Another legal defence is provocation, which is a partial defence. A partial defence reduces a murder charge to manslaughter, as it only excuses crime to an extent, (Hardy, 2019). Provocation is the loss of self-control by the accused after being provoked, causing them to assault or kill that person. This defence requires for the accused to react to the behaviour of the deceased, and must directly involve both parties, (Judicial Commission of New South Wales, 2020). 

4. Explain the different courts that exist in your State or Territory’s court hierarchy.

In Victoria, before going to court it is encouraged to resolve a dispute with the Victorian Civil and Administrative Tribunal (VCAT) which is less formal than that of a court. Tribunals are generally a quicker and cheaper way to resolve a dispute, where in most cases the people involved have the ability to represent themselves. Parties attending VCAT are encouraged to settle their disputes by mediation or a compulsory conference before the matter goes to a hearing, (Victoria Legal Aid, 2019). 

Above VCAT is the Magistrates’ Court, which is the first level of the Victorian court system. A vast majority of matters that reach court are seen in the Magistrates’ court where it is heard and determined by a judge and does not contain a jury, (Magistrates Court of Victoria, 2018). The Magistrates’ court’s criminal jurisdiction hears summary matters including traffic offences, and some indictable offences such as burglary. As for civil matters, the Magistrates’ court can decide most disputes about property or money up to the value of $100,000, such as claims for repair and injury from car accidents, (Victoria Legal Aid, 2019).
In the County court of Victoria, cases may be heard by a judge and jury, (Victoria Legal Aid, 2019). More serious criminal matters are heard in the County Court including armed robbery and sex offences, and in civil matters more than $100,000 are also heard in this court, (Magistrates’ Court of Victoria, 2018). The County Court also takes appeals from the Magistrate’s Court, where the judge can agree with the magistrate’s verdict or make a different one, (Victorian Legal Aid, 2019). 

The Supreme Court of Victoria is the highest court in which matters may be heard by a judge and jury. The Supreme Court is separated into the Trial Division and the Court of Appeal, (Magistrates’ Court of Victoria, 2018). The Trial Division hears the most serious criminal cases such as murder. In civil justice matters, claims for above $200,000 are heard in the Supreme Court. The Court of Appeal has appellate jurisdiction regarding decisions made in both the County Court and the Trial Division of the Supreme Court, (Victorian Legal Aid, 2019).

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