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Vce Legal Studies Criminal Procedure 2009 Case Study

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Rowville Secondary College

Kim has been charged with murder after stabbing Bec in the stomach during an altercation outside a nightclub, which resulted in Bec's death several hours later. The document outlines the typical criminal procedure process that would follow in the County and Supreme Courts, including pre-trial procedures such as arrest, police investigation, being charged and released on bail or held on remand. It also describes the trial procedures that occur once a case is brought before the County or Supreme Courts, such as presenting evidence and determining the outcome of the case.

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VCE Legal Studies CRIMINAL PROCEDURE followed in the County and Supreme Court
The Scenario Exiting the Salt nightclub, an altercation occurred between Kim and Bec over a taxi. Kim grabbed Bec as she attempted to climb into the taxi and ripped her violently from the cab. Bec responded by aggressively punching Kim in the stomach Kim pulled a flick-blade knife from her bag and stabbed Bec in the stomach Bec died several hours later as a direct result of the stab wound. Kim has been charged with murder.
What will happen to Kim?
Has Kim committed a summary or an indictable offence?
Elements of an Effective Legal System air and Unbiased Hearing ccess to Mechanisms of Dispute Resolution ecognition of Prevailing Values and Basic HR imely Resolution of Disputes F A R T
Pre-Trial Procedures Pre-trial procedures are those steps that occur once a suspect has been identified. These procedures are the same regardless of which court the accused person will be tried in.
Arrest Crime Committed (Indictable Offence) Police Investigation Rights of individuals Exonerated no further action Released pending summons Charged and released on bail Charged and held on remand Given a caution notice MAGISTRATES COURT with a warrant Police Powers without a warrant
S P E C I A L M E N T I O N H E A R I N G Contested Committal Proceeding ? IN THE MAGISTRATES COURT Accused to be committed for trial Prima Facie case established No Prima Facie case established Plea of Not Guilty Evidence collected in a deposition Defendant Discharged Plea of Guilty Plea brief Hand-up Brief Committal Mention Hearing Post Committal Conference
DPP Case Conference Presentment Summary of Prosecution Opening Notice of Pre-Trial Admissions Defence Response First Directions Hearing Subsequent Directions Hearings TRIAL Nolle Prosequi (no plan to proceed)
Elements of an Effective Legal System air and Unbiased Hearing ccess to Mechanisms of Dispute Resolution ecognition of Prevailing Values and Basic HR imely Resolution of Disputes F A R T How are these achieved through pre-trial procedures?
Trial Procedures A case brought before the County Court or Supreme Court is known as a trial A trial is an examination and determination of legal case in a court Trial procedures are those steps involved in the conduct of a legal case in a court.

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Vce Legal Studies Criminal Procedure 2009 Case Study

  • 1. VCE Legal Studies CRIMINAL PROCEDURE followed in the County and Supreme Court
  • 2. The Scenario Exiting the Salt nightclub, an altercation occurred between Kim and Bec over a taxi. Kim grabbed Bec as she attempted to climb into the taxi and ripped her violently from the cab. Bec responded by aggressively punching Kim in the stomach Kim pulled a flick-blade knife from her bag and stabbed Bec in the stomach Bec died several hours later as a direct result of the stab wound. Kim has been charged with murder.
  • 3. What will happen to Kim?
  • 4. Has Kim committed a summary or an indictable offence?
  • 5. Elements of an Effective Legal System air and Unbiased Hearing ccess to Mechanisms of Dispute Resolution ecognition of Prevailing Values and Basic HR imely Resolution of Disputes F A R T
  • 6. Pre-Trial Procedures Pre-trial procedures are those steps that occur once a suspect has been identified. These procedures are the same regardless of which court the accused person will be tried in.
  • 7. Arrest Crime Committed (Indictable Offence) Police Investigation Rights of individuals Exonerated no further action Released pending summons Charged and released on bail Charged and held on remand Given a caution notice MAGISTRATES COURT with a warrant Police Powers without a warrant
  • 8. S P E C I A L M E N T I O N H E A R I N G Contested Committal Proceeding ? IN THE MAGISTRATES COURT Accused to be committed for trial Prima Facie case established No Prima Facie case established Plea of Not Guilty Evidence collected in a deposition Defendant Discharged Plea of Guilty Plea brief Hand-up Brief Committal Mention Hearing Post Committal Conference
  • 9. DPP Case Conference Presentment Summary of Prosecution Opening Notice of Pre-Trial Admissions Defence Response First Directions Hearing Subsequent Directions Hearings TRIAL Nolle Prosequi (no plan to proceed)
  • 10. Elements of an Effective Legal System air and Unbiased Hearing ccess to Mechanisms of Dispute Resolution ecognition of Prevailing Values and Basic HR imely Resolution of Disputes F A R T How are these achieved through pre-trial procedures?
  • 11. Trial Procedures A case brought before the County Court or Supreme Court is known as a trial A trial is an examination and determination of legal case in a court Trial procedures are those steps involved in the conduct of a legal case in a court.