Warning: This article may have content that may be triggering to some readers. We only intend to inform our readers about Australia criminal cases. Please read with caution.
The prosecution of Australia criminal cases follows a complex set of procedures for cases involving alleged offences. Knowing your rights and the different stages of the process can empower you to make informed decisions when interacting with the justice system, whether as a victim, witness, or even someone accidentally involved in an investigation.
This article will explore the step-by-step process of the prosecution of Australia criminal cases. As an overview, here are the different stages of a criminal prosecution in New South Wales (NSW), Australia:
- Investigation, arrest, and bail
- Committal process
- Matter goes to District or Supreme Court
- Trial
- Sentencing
- Appeals
Australia Criminal Cases: Relevant Laws
Before we proceed to the discussion of the stages, you must first know that there is a variety of legislation relevant to criminal prosecution in NSW. The legislation below will serve as guide to criminal procedure in NSW Local Courts and District Courts:
- Bail Act 2013 (BA)
- Crimes (Appeal and Review) Act 2001 (CARA)
- Crimes (Forensic Procedures) Act 2000 (CFPA)
- Crimes (Sentencing Procedure) Act 1999 (CSPA)
- Criminal Procedure Act 1986 (CPA)
- Criminal Procedure Regulation 2017 (CPA Reg)
- Evidence Act 1995 (EA)
- Road Transport Act 2013 (RTA)
- Surveillance Devices Act 2007 (SDA)
- Fines Act 1996 (FA)
Case Studies in Australian History
1. John Wayne Glover’s Case
One of the most serious Australia criminal cases is the case of John Wayne Glover. Glover bared the nickname “The Granny Killer” because of the murder of six elderly women. Glover’s stated motivation, which originated from his problematic relationships with his mother and stepmother, was contempt with older women.
He would frequently use a hammer to repeatedly strike his victims over the head before robbing them of any money or possessions.
2. Peter Dupas’ Case
Another case is the case of Peter Dupas which still elicits a sense of dread among the residents of Melbourne who recall his heinous acts. Before being handed multiple life sentences, Dupas perpetrated numerous violent sexual assaults on women and was responsible for the murders of at least three (and potentially six) young women during the 1990s.
Dupas was characterised by the gruesome criminal pattern of removing the breasts of his female victims.
Australia Criminal Cases: Stages of Criminal Prosecution
Public prosecution discourages potential offenders by demonstrating the consequences of criminal acts. This helps maintain order and reduces future crime. Moreover, it holds individuals accountable for their action and reinforces the notion that everyone is subject to the law.
How does the justice system prosecute Australia criminal cases? Let’s find out. The prosecution has six (6) stages:
Investigation, Arrest, and Bail
It all starts with suspected violent crimes reported to or discovered by the police. After such report, the NSW Police Force will proceed to the investigation. During this stage, the NSW Police Force will initially investigate and gather evidence against the accused.
If sufficient evidence suggests your involvement, you might be requested for an interview at the police station. At this point, you must remember that you have the following rights:
- Right to remain silent. Anything you say can be used against you.
- Right to legal representation. You can request a lawyer before answering any questions.
- Right to an interpreter if needed.
Additionally, a police officer also has the power to arrest the accused. You can be arrested if the police have reasonable grounds to believe you committed an offence or pose a threat to yourself or others. In some cases, an arrest warrant might be issued by a court.
After arrest, the police usually decide whether to release you on bail (temporary release) or keep you in custody until your court appearance. The accused may request bail when they appear before a magistrate in the Local Court.
However, there are factors influencing the bail decision. This includes:
- the seriousness of the alleged offence,
- your flight risk, and
- potential threat to public safety.
Afterwards, if granted bail, you’ll be subject to specific conditions, like reporting to police regularly, not contacting certain individuals, or surrendering your passport. However, the accused may file a new application with the Supreme Court if the Magistrate denies them bail.
Committal Process
Committal procedures are the first step in serious criminal cases in the Local Court. Following the Police’s brief presentation of evidence to the Office of the Director of Public Prosecutions (ODPP), the Office typically assumes control of the prosecution throughout committal procedures.
The police will provide the ODPP a brief, or the material they acquired throughout their investigation, as part of the committal process. Thereafter, the ODPP checks the evidence to make sure the accusations made by the police are supported.
Next, when the ODPP validates (attesters) which charges will proceed, the defence and prosecution teams will meet to decide on the accused’s plea.
According to NSW legislation, the District Court hears several significant Australia criminal cases from the Local Court, while the Supreme Court hears the most serious cases (including murder or mass shooting/shooting spree).
Other serious crimes, such as armed robbery, or dangerous driving causing death, can be prosecuted in either the Local Court or the District Court.
The Trial Stage
For Australia criminal cases, there are two types of hearings in this stage: (1) judge and jury or (2) jury alone may hear a trial. The prosecution has the burden of proving the accused’s guilt “beyond a reasonable doubt” during the trial.
Moreover, the prosecution must establish the accused’s guilt beyond a reasonable doubt for the offence or offences they are accused of committing. Following their testimony, the defence cross-examines the prosecution’s witnesses, including the victim or witnesses.
Following their testimony, defence witnesses are subjected to a cross-examination by the prosecution. After the main testimony, the prosecution now examines the defence’s witnesses. The court may then ask the witnesses some questions and allow the defence to re-examine them.
Moreover, the accused is not required to testify during the trial; but, should they choose to do so, it will be as a defence witness.
After reaching a decision, the jury adjourns the courtroom. The jury retires to a separate room to deliberate over their decision. They return to the courtroom once they have all arrived at the same conclusion.
Finally, the accused is free to leave the courtroom if the judge or jury finds them not guilty. This is known as an acquittal and is not subject to appeal.
The Sentencing Stage
In the sentencing stage of Australia criminal cases, the ODPP prosecutor will present the judge with any pertinent police, court, and other documents, including the offender’s criminal record, if any, during a sentencing hearing in the District or Supreme Court.
The “facts” of the case, which the prosecution and defence will have already agreed upon, will be included in these records if the offender pleaded guilty and there was no trial.
But how does the judge or magistrate determine how long or short the sentence of an accused will be? When determining the offender’s sentence, the magistrate or judge will consider several criteria.
However, there is no “formula” to follow; it is a complicated process. Numerous factors that the courts consider are difficult to quantify, such as the severity of the harm done or the extent to which the offender’s disadvantage led to their offence.
The main things the judge will consider are:
- the nature and seriousness of the crime
- the offender’s background, personal circumstances, and criminal history
- sentencing laws, and
- the sentences the courts have given in similar cases.
NSW courts may give any of the following sentences for serious criminal offences:
- prison (life imprisonment/multiple life sentences or life sentence)
- fines
- orders to pay compensation to the victim
- community-based sentences
- compulsory treatment
- bans on associating with certain people or attending certain places.
Filing an Appeal
If the Court finds the accused guilty of the crime, he or she can file an appeal against (a) their conviction or (b) their sentence if they believe that it is too severe. The law allows the convict to file his or her appeal within 28 days from a conviction or sentencing of appeal. They must also inform the court that they are planning to file an appeal.
JB Solicitors Can Help You Build a Strong Strategy
In NSW, a criminal charge can be a complicated process. The stakes are quite high, and the judicial system may confuse you. You need a criminal defence lawyer who can effectively help you understand the legal system, fight for your rights, and comprehend its nuances.
Our defence attorneys at JB Solicitors will challenge the prosecution, protect your rights, and maximise your chance of acquittal. Aside from criminal law matters, we can also help with family law matters such as domestic violence and child abuse.
Don’t hesitate to demand the strong defence you deserve by hiring a qualified criminal defence attorney in NSW.
Contact us today for more information about Australia criminal cases.