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NSWLegal StudiesQuick questions
Core Part I: Crime
Quick questions on The criminal trial process: HSC Legal Studies
6short Q&A pairs drawn directly from our worked dot-point answer. For full context and worked exam questions, read the parent dot-point page.
What is pleas and charge negotiation?Show answer
A criminal trial begins with the accused entering a plea: guilty or not guilty.
What is jury trial?Show answer
For indictable offences tried in the District or Supreme Court, the trial is by judge and jury unless both parties consent to a judge-alone trial under the Criminal Procedure Act 1986 (NSW) s 132.
What is legal representation?Show answer
The right to legal representation is foundational. Dietrich v The Queen (1992) 177 CLR 292 held that, while there is no absolute right to publicly-funded counsel, a trial for a serious offence may be stayed where the accused is unrepresented through no fault of their own and would be denied a fair trial.
What is role of the prosecution and defence?Show answer
The prosecution (the Crown, conducted by the Office of the Director of Public Prosecutions (NSW)) bears the burden of proving the offence beyond reasonable doubt. The defence tests the prosecution case and may call its own evidence.
What is treating Dietrich as guaranteeing a right to a lawyer?Show answer
It does not. The High Court held the trial of a serious offence may be stayed if the accused has no representation through no fault of their own.
What is forgetting NSW does not have a "not proven" verdict?Show answer
That is Scottish. NSW verdicts are guilty or not guilty. :::
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