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Marilyn McMahon (19)

Study Guides for Marilyn McMahon

Criminal Procedure

MLL218 Study Guide - Final Guide: Transport Act 1983, Adverse Inference, Adversarial System

5a Police Questioning 1. A right to silence? Right to silence is: A privilege against self incrimination Presumption of innocence Right to a fair trial 2. Basis of rights to silence? a. Prosecution must establish the ca...

Business and Law
MLL218
Marilyn McMahon
MLL218 Study Guide - Final Guide: Metal Detector, Strip Search, Overcoat

3 Search and Seizure 3ze 3zh ordinary search means a search of a person or of articles in the possession of a person that may include: (a) requiring the person to remove his or her overcoat, coat or jacket and any gloves,...

Business and Law
MLL218
Marilyn McMahon
MLL218 Study Guide - Final Guide: Intellectual Disability, Crimes Act 1958, Acquired Brain Injury

1c Evidence o The foundational inclusionary rule: Relevance o All relevant evidence is admissible; evidence that is not relevant is not admissible (no discretion): s56 Evidence Act 2008 o The exclusionary rules (discretion...

Business and Law
MLL218
Marilyn McMahon
MLL218 Study Guide - Final Guide: Breach (Security Exploit), Crimes Act 1914, Arson

4a Fingerprinting VICTORIAN FINGERPRINTING o TenPrint datafinger and palm print images collected from individuals by Australian police and immigration authorities, along with corresponding basic biographic information. o L...

Business and Law
MLL218
Marilyn McMahon
MLL218 Study Guide - Final Guide: Surety, Affidavit, Arson

6a Bail TENSION IN BAIL MATTERS Ensuring the accused will attend court, will not offend, threaten safetywelfare of public or interfere with witnesses V Ensuring an accused, who has not yet been found guilty and is therefor...

Business and Law
MLL218
Marilyn McMahon
MLL218 Study Guide - Final Guide: Hung Jury, Private Prosecution, Mercedes-Benz W191

9 Machinery of Prosecution PROSECUTION TRIAL Much of the activities of the pros occur before trial o The decision to prosecute o Made by DPP o Little guidance in legislation CIRCUMSTANCES: After committal By way of direct...

Business and Law
MLL218
Marilyn McMahon
MLL218 Study Guide - Final Guide: Indictable Offence, British Association For Immediate Care, Miscarriage

8A Key Players in Trials of indictable Offences 1. THE ACCUSED BASICS Ss 246, 330: Exceptions to not allowing the absence of accused: 1. Wildlife Act 1975 (VIC) s 85(2) 2. Consent of accused Interpreter required under s 33...

Business and Law
MLL218
Marilyn McMahon
MLL218 Study Guide - Final Guide: Perjury, Crimes Act 1914, Insanity Defense

10 Defence Pleadings PLEAS BY THE EXCUSED GUILTY: No contested trial, no jury: prosecutor starts opening submission with statement of agreed facts Sentencing submission by pros o Offence gravity o Circumstances and histo...

Business and Law
MLL218
Marilyn McMahon
MLL218 Study Guide - Final Guide: Crimes Act 1958, Crimes Act 1914, Buccal Swab

4b Forensic Procedures CRIMES ACT 1958 (Vic) ss 464R 464ZK CRIMES ACT 1914 (Cth) s 23WA 23XWA DEFINITION: The taking of a sample of any part of the body, whether an intimate or non intimate sample or any other type of samp...

Business and Law
MLL218
Marilyn McMahon
MLL218 Study Guide - Final Guide: Voir Dire, Judicial Discretion, Owen Dixon

5b Police Questioning JUDICIAL DISCRETION TO EXCLUDE ADMISSIONS Evidence Act 2008 (Vic) and Evidence Act 1995 (Cth). THE VOIR DIRE: Exclusion of confessional evidence voir dire Issues of exclusion of evidence of admissio...

Business and Law
MLL218
Marilyn McMahon
MLL218 Study Guide - Final Guide: Eyewitness Identification, Strada Statale 36 Del Lago Di Como E Dello Spluga, Nsw Law Reports

7 Identification Evidence POLICE PHOTOGRAPHING OF SUBJECTS Common Law: PO may request that a suspect submit to being photographed for the purpose of identification only. They can not photograph S or even parts of Ss body (...

Business and Law
MLL218
Marilyn McMahon
MLL218 Study Guide - Final Guide: Mitigating Factor, Double Jeopardy, Suspended Sentence

8 Trial of Indictable Proceedings COMMITTAL PROCEEDINGS Must be held in all cases except where: a. A direct indictment filed; or b. The charge is heard and determined summarily c. D waives committal DISCLOSURE DURING PROCE...

Business and Law
MLL218
Marilyn McMahon
MLL218 Study Guide - Final Guide: 18 Months, All England Law Reports

11 The Jury System THE ROLE OF THE JURY Determine the facts and then apply the law Judge gives general direction in most trials FUNCTIONS 1. Protects the accused from: a. Three branches 2. Applies an ordinary persons opi...

Business and Law
MLL218
Marilyn McMahon
MLL218 Study Guide - Final Guide: Arbitrary Arrest And Detention

1b Key themes and tensions in contemporary criminal procedure 1. EFFECTIVE CRIME INVESTIGATION V HUMAN RIGHTS a. The traditional rights Key rightsthemes at common law: Right to be presumed innocent, right to silence, right...

Business and Law
MLL218
Marilyn McMahon
MLL218 Study Guide - Final Guide: Crimes Act 1958, Indictable Offence, Summary Offence

1d Classification of crimes and courts SUMMARY V INDICTABLE OFFENCES Summary offences are of a less serious nature and may include: o Some traffic offences (eg drink driving) o Minor assaults o Property damage o Offensive ...

Business and Law
MLL218
Marilyn McMahon

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