What body paragraphs could constitute the question
"Examine how the nature of crime and type of offences affects the criminal trial process"
Never seen a question like it
Here's a plan I'd use
But don't take this for word ahah
1.
OFFENCES AGAINST THE PERSON(A BRIEF DESCRIPTION OF THE NATURE OF THESE OFFENCES)- Involves the causing of injury to a person. There are three categories: HOMICIDE, ASSAULT and SEXUAL OFFENCES.
MURDER: Most serious homicide offence. Maximum penalty is life imprisonment. Difficult to prove because prosecutors must prove that one of the following acts took place:
- There was a deliberate act to kill
- A deliberate act to cause serious harm
- There was a reckless indifference to human life, resulting in death
MANSLAUGHTER: Unlawful killing but with a defence for their actions. Maximum penalty up to 25 years.
Three types of manslaughter:
- Voluntary Manslaughter — The accused intended or was reckless, but there were mitigating circumstances and provocation.
- Involuntary Manslaughter — The death occurred because the accused acted in a negligent way, but without intention to kill.
- Constructive Manslaughter — The killing of a person while the accused was
carrying out a dangerous or unlawful act.
(How this type of offence is dealt with/affects the criminal trial process)
- Which COURT JURISDICTION it falls under
- Legal personeelle involved
- Possible defences
e.g. Mental Illness
- Partial defence (The defendant is found not guilty and results in acquittal)
- The person must have a mental illness
- The mental illness prevented them from knowing the difference between right and wrong
- If proven, the defendant be released but detained in a health facility where their mental health will be monitored by a Mental Health Review Tribunal.
- No mens rea for the crime can be proven. No intent to commit a crime can be formulated.
Self defence
- The onus of proof that the accused did not act in self defence is on the prosecution.
- High Court in Zecevic (1987) The defendant must prove that they believed (subjective) upon reasonable grounds (objective) that it was necessary in self defence.
- The amount of force the defendant used has to be proportionate to the threat.
- The threat doesn’t have to be real. The defendant just has to be defending himself from what he thinks is a threat (perceived threat).
- Self defence is codified in the Crimes Act 1900 (NSW) Division 3
- Results in an acquittal.
2.
YOUNG OFFENDERS- how there is different court jurisdiction
- different penalties
- different treatment in court procedures
3.
PUBLIC ORDER OFFENCES- fines as opposed to imprisonment ect.