MLL218 Study Guide - Final Guide: Mitigating Factor, Double Jeopardy, Suspended Sentence
24 May 2018
School
Department
Course
Professor
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 PROCEEDINGS
Pre-hearing by pros: ss107-117
Case direction (application to cross-examine witnesses etc.): ss118-124
Committal mention and case conference: ss125-127:
I------------------------I-----------------------------I---------------------I
FILING COMMITTAL COMMITTAL COMMITTAL
HEARING MENTION CASE HEARING
CONFERENCE
s101 s 125 s 127 s141-143
PURPOSE
1. Eidee of suffiiet eight to support a oitio i higher ourt ith a judge or
jur s 97
2. Decided whether charge should be heard summarily
3. Identify plea
4. Ensure a fair trial by:
a. Prosecution case adequately disclosed/ross eaie/ds ase a e put
forward/issues can be contended
REFUSAL OF COMMITTAL PROCEEDINGS
1. Time and cost
2. Mitigating factor where D pleads guilty
3. Sentencing discount for plea of guilty
4. Avoid adverse pre trial publicity
a. Relevant to the notion of fair trial
find more resources at oneclass.com
find more resources at oneclass.com
OUTCOMES
1. D committed to stand trial in higher court
2. D discharged does not = acquittal. NB Double jeopardy does not attach because this
is not a final judgement
*HAND UP BRIEF: s110 CP Act, may contain:
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Must be held in all cases except where: a direct indictment filed; or, the charge is heard and determined summarily, d waives committal. Case direction (application to cross-examine witnesses etc. Refusal of committal proceedings: time and cost, mitigating factor where d pleads guilty, sentencing discount for plea of guilty, avoid adverse pre trial publicity, relevant to the notion of fair trial. Outcomes: d committed to stand trial in higher court, d discharged does not = acquittal. Nb double jeopardy does not attach because this is not a final judgement. *hand up brief: s110 cp act, may contain: evidence the pros intends to use, charge sheet, statements of material facts, witnesses and their subsequent statements. Where an accused will plead guilty, prosecution may tender a plea-brief an abbreviated brief. Court may continue however due to: absconding, being removed from court, any other reason as per s 136. Admissions = used as evidence later ss138-144, s 140.
