Free VCE Legal Studies Flashcard Review

The power of a court to hear a case for the first time. All courts exercise original jurisdiction over cases within their subject matter and territorial limits.

The power of a higher court to hear and determine appeals from the decisions of lower courts. Appellate courts review the law applied and exercise of discretion.

The prosecution must prove the case against the defendant; the defendant does not need to prove innocence. The burden remains on the prosecution throughout the trial.

Beyond reasonable doubt. The jury must be satisfied that the defendant is guilty to such a degree that a reasonable person would act upon it in matters of importance.

Balance of probabilities. The plaintiff must prove their case is more likely true than not true; it is a lower standard than beyond reasonable doubt.

An admission by the accused that they committed the offence(s) charged. This results in conviction without trial; the court proceeds to sentencing.

A denial by the accused of the charges against them. This requires the prosecution to prove the case beyond reasonable doubt at trial.

An admission of guilt where the prosecution and defence agree on the essential facts. The court accepts the agreed facts and proceeds to sentencing without a full trial.

Handles summary offences and less serious indictable offences. Sentences generally limited to 2 years imprisonment. Hears majority of criminal cases in Victoria.

Hears indictable offences excluding murder, manslaughter, rape. Can sentence up to 15 years imprisonment. First court of appeal from Magistrates' Court.

Hears the most serious indictable offences (murder, manslaughter, rape, treason). Has unlimited sentencing powers. Court of appeal for County Court convictions.

To present evidence against the accused and prove guilt beyond reasonable doubt. Must disclose exculpatory evidence to the defence and act fairly and objectively.

To challenge the prosecution's case and protect the accused's rights. May cross-examine prosecution witnesses and present evidence to support the accused's case.

To ensure fair procedures and that the law is correctly applied. Directs the jury, controls courtroom conduct, and determines sentencing.

To determine questions of fact and return a verdict of guilty or not guilty. Not responsible for sentencing or determining the law; must follow the judge's legal directions.

Appeals lie to the County Court on grounds of law or fact. The County Court may order a new trial, vary the decision, or dismiss the appeal.

Appeals lie to the Supreme Court. Appellants must obtain leave on grounds including substantial miscarriage of justice, error in law, or unreasonable verdict.

Include punishment (retribution), deterrence (general and specific), rehabilitation, protection of community, and denunciation of the offence. Courts balance these purposes.

Circumstances that increase offence seriousness: prior convictions, violence used, premeditation, abuse of trust, impact on victims. These increase the sentence imposed.

Circumstances that decrease offence seriousness: youth, good character, guilty plea, remorse, mental illness, rehabilitation efforts. These reduce the sentence imposed.