Australian Criminal Trial Directions PDF Download

Author: James Lindsay Glissan
Publisher:
ISBN: 9780409311327
Category : Criminal law
Languages : en
Pages :

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Author: New South Wales. Law Reform Commission
Publisher:
ISBN: 9780734726803
Category : Instructions to juries
Languages : en
Pages : 203

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Book Description
This report is about the directions that judges give to juries in the course of a criminal trail, and particularly at the summing up. These directions are designed to help jurors understand as much of the law and the issues that arise in the case as they need to make proper use of the evidence and to reach a verdict.

Author: New South Wales. Law Reform Commission
Publisher:
ISBN: 9780734726193
Category : Criminal procedure
Languages : en
Pages : 100

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Book Description
It is generally considered that the requirement of unanimity results in more hung juries than does the alternative system of requiring only a majority of jurors to agree on a verdict. What constitutes a majority differs between jurisdictions that have embraced the concept, and may also depend on the type of offence being tried. This Report examines arguments for and against preserving the unanimity rule.

Author: Gerard Nash
Publisher:
ISBN: 9780409337174
Category : Criminal law
Languages : en
Pages : 0

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Book Description
The work, extracted from the four volume looseleaf service Bourkes Criminal Law Victoria, provides extensive coverage of legislation and authoritative annotations. Nash adjunct professor at RMIT.

Author: Jason Payne
Publisher:
ISBN: 9781921185328
Category : Court congestion and delay
Languages : en
Pages : 81

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Book Description
This research examines the reasons for which criminal trials in Australia fail to proceed on the day of listing. The rationale of such an inquiry is that matters that fail to proceed as scheduled contribute to backlog and delay, both of which consume significant criminal justice resources. Moreover, delay in the criminal trial system may result in adverse effects, not the least of which is the anguish endured by the victims of crime and their families, and the community demanding protection from criminal offenders. This research used quantitative data from courts across a number of Australian states and territories to demonstrate that more than half of all listed criminal trials fail to commence on the listed day. After an analysis of data about trials and extensive interviews with court administrators, it is found that those trials that do not proceed can be placed into two categories: those trials that are finalised on or near the trial date either by way of late guilty plea or late withdrawal by the prosecution, and those trials that are adjourned and re-listed. While some delays will be inevitable, the report builds on recommendations made by a working group of the Standing Committee of Attorneys-General to suggest ways of reducing the backlog of criminal trials across Australia.

Author: Ron Levy
Publisher: ANU Press
ISBN: 1760461423
Category : Law
Languages : en
Pages : 677

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Book Description
For reasons of effectiveness, efficiency and equity, Australian law reform should be planned carefully. Academics can and should take the lead in this process. This book collects over 50 discrete law reform recommendations, encapsulated in short, digestible essays written by leading Australian scholars. It emerges from a major conference held at The Australian National University in 2016, which featured intensive discussion among participants from government, practice and the academy. The book is intended to serve as a national focal point for Australian legal innovation. It is divided into six main parts: commercial and corporate law, criminal law and evidence, environmental law, private law, public law, and legal practice and legal education. In addition, Indigenous perspectives on law reform are embedded throughout each part. This collective work—the first of its kind—will be of value to policy makers, media, law reform agencies, academics, practitioners and the judiciary. It provides a bird’s eye view of the current state and the future of law reform in Australia.

Author: N. & Anderson Williams (J. & Marychurch, J. Et Al)
Publisher:
ISBN: 9780409334685
Category :
Languages : en
Pages :

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Book Description
Uniform Evidence in Australia provides a comprehensive multi-jurisdictional commentary and annotation to the uniform Evidence Acts of the Commonwealth, NSW, Victoria, Tasmania, the ACT and NT. Format: Paperback Once published, this title will also be available in eBook format. [eISBN: 9780409334692] This book offers a user-friendly approach that combines commentary on the operation of the uniform Acts in each jurisdiction with a synthesis of the large body of cases, rules and related legislation. Understanding of the ActsoÂeÂ(tm) operation and interpretation is further enhanced by reference to the common law principles that are enshrined in, replaced or supplemented by individual provisions. Relevant practice notes and examples are included. For ease of navigation, the commentary to each provision includes extensive cross-references to other provisions that may impact on a particular issue, and the book includes a useful Glossary based on Act and common law terminology. The authors examine recurring challenges in the construction and application of the legislation, including the extent to which it is necessary or proper to resort to pre-Act case law. In so doing, they highlight and explore the tension between the prescriptive nature of some sections and the apparent reliance of others upon pre-existing common law principles. Significant recent developments that are addressed include: oÂeo differing approaches to the assessment of probative value in NSW and Victoria; oÂeo multiple High Court decisions on opinion evidence; oÂeo the introduction in NSW of the modified right to silence; oÂeo the substantial volume of recent appellate case law on tendency and coincidence evidence, including an extensive analysis of relationship evidence; and oÂeo jurisdictionally varying amendments to the privilege provisions. Features oÂeo Commentary follows the legislative structure of the unform Evidence Acts oÂeo Includes the legislation from all six uniform jurisdictions oÂeo Clear, concise analysis with plentiful examples oÂeo Frequent cross-references to other relevant sections facilitates familiarity with the Evidence Act as a body of law, rather than each section in isolation. Related LexisNexis Titles J D Heydon, Cross on Evidence, 10th edition, 2014 Ligertwood & Edmond, Australian Evidence: A Principled Approach to the Common Law and the Uniform Acts, 5th edition, 2010 Field, LexisNexis Questions and Answers: Uniform Evidence Law, 2nd edition, 2015

Author: Nicole Bluett-Boyd
Publisher:
ISBN: 9781922038449
Category : Sexual abuse victims
Languages : en
Pages : 74

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Book Description
Reforms have been underway over the last three decades to address the disadvantages that victim/survivors of sexual assault face within the criminal justice system in Australia. Such reforms include expansion of advocate services, specialisation of police, alternative provisions for giving evidence at trial, and changes to jury instructions. This report was commissioned to examine the implementation of these reforms and their impact on the victim/survivor experience. Drawing on interviews with 81 criminal justice professionals including counsellors, lawyers and judges, it looks at victim/survivor-focused approaches, promising and innovative practices, the take up of reforms, the factors that enable or inhibit victim-focused reforms being embedded in court practices, and the potential for future reform.

Author: Miiko Kumar
Publisher:
ISBN: 9780455235837
Category : Evidence (Law)
Languages : en
Pages : 1026

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Book Description
Uniform Evidence Law: Commentary and Materials, 5th editionhas been updated throughout to provide essential case and legislative extracts and thoughtful, concise commentary covering the uniform evidence legislation in the UEL jurisdictions of the Commonwealth, New South Wales, Victoria and Tasmania.

Author:
Publisher:
ISBN:
Category : Civil procedure
Languages : en
Pages :

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Book Description
This book provides guidance for judicial officer in the conduct of civil proceedings, from preliminary matters to the conduct of final proceedings and the assessment of damages and costs. It contains concise statements of relevant legal principles, references to legislation, sample orders for judicial official to use where suitable and checklists applicable to various kinds of issues that arise in the course of managing and conducting civil litigation.