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Section I: Multiple Choice (1 Viewer)

edwardf316

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Every single indictable offence goes through local court to establish a prima facie case. The FIRST court is always local, didn't you do committal hearings?
I'm not exactly sure what you're saying. Committal hearings are heard for indictable offenses to see if the case has any merit to it that would justify the time of a higher court.
I was referring to Q20
 
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I was referring to Q20
An indictable offence doesn't necessarily mean that it will be heard by a jury. Like SuchSmallHands said, the Simon Gittany case was heard by a judge only, and that was for murder (or maybe manslaughter, I'm not sure, either way works).
 

SuchSmallHands

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An indictable offence doesn't necessarily mean that it will be heard by a jury. Like SuchSmallHands said, the Simon Gittany was heard by judge only, and that was for murder (or maybe manslaughter, I'm not sure, either way works).
Yeah, murder. Anything can be judge only.
 

edwardf316

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What are you arguing then? You can have a judge only trial for indictable offences?
It would be much simpler if you just read through the post. I was under the impression that if the offence is indictable like murder it had to be heard before a jury. When Cleverusername replied telling me it was lowered to manslaughter i was just clarifying that i thought manslaughter was also indictable
 

baci

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What did everyone get for question 12? I heard that the answer is D from a friend whose teacher is an HSC marker... I personally put A
 

baci

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Yes that's what I was thinking! I know it's not an absolute right though it was the interpretation of the High Court though.
My friend said that the constitution gives the right to a fair trial, where as the UDHR gives the right not to be tried unfairly (meaning one is given the right to legal representation and therefore it's D)
I am confident it is A but who knows
 

edwardf316

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Yes that's what I was thinking! I know it's not an absolute right though it was the interpretation of the High Court though.
My friend said that the constitution gives the right to a fair trial, where as the UDHR gives the right not to be tried unfairly (meaning one is given the right to legal representation and therefore it's D)
I am confident it is A but who knows
Yeah but the UDHR is soft law and not enforceable. I don't see how it could be any of the others because otherwise Dietrich v The Queen wouldn't have any significance
 

edwardf316

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But Surely the right to a fair trial isn't "limited" under common law and also it says "describe" not define so I personally put C
"A" doesn't define legal representation though. You don't have the right to it, you can apply for it but it's not guaranteed that Legal Aid will represent you
 

typingtimtam

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That one was hard! But I think it's D because it can be given by a family member if the actual victim can't do it (if they've died or they're incapacitated)
True I just didn't think it was done after conviction so I got confused
 

SuchSmallHands

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I think that one tricked a lot of people though so don't worry :)
 

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