Index
Victorian Criminal Charge Book
Part 1: Preliminary Direction
1.1 – Introductory Remarks
1.2 – Jury Empanelment
1.3 – Selecting a Foreperson
1.4 – The Role of Judge and Jury
1.5 – Decide Solely on the Evidence
1.6 – Assessing Witnesses
1.7 – Onus and Standard of Proof
1.8 - Separate Consideration
1.9 - Alternative verdicts
1.10 – Trial Procedure
1.11 - Consolidated preliminary directions
Part 2: Directions in Running
2.1 - Views
2.2 - Providing Documents to the Jury
2.3 – Other Procedures for Taking Evidence
2.4 – Unavailable witnesses
2.5 – Witness invoking Evidence Act 2008 s128
Part 3: Final Directions
3.1 - Directions Under Jury Directions Act 2015
3.2 - Overview of Final Directions
3.3 - Review of the Role of the Judge and Jury
3.4 - Review of the Requirement to Decide Solely on the Evidence
3.5 - Review of the Assessment of Witnesses
3.6 - Circumstantial Evidence and Inferences
3.7 - Review of the Onus and Standard of Proof
3.8 - Review of Separate Consideration
3.9 - Judge’s Summing Up on Issues and Evidence
3.10 - Alternative Verdicts
3.11 - Unanimous Verdicts and Extended Jury Unanimity
3.12 - Taking Verdicts
3.13 - Perseverance and Majority Verdict Directions
3.14 - Intermediaries and ground rules explained
3.15 - Concluding Remarks
3.16 - Consolidated final directions
Part 4: Evidentiary Directions
4.1 - The Accused as a Witness
4.2 - Child Witnesses
4.3 - Character Evidence
4.4 - Prosecution Witness's Motive to Lie
4.5 - Confessions and Admissions
4.6 - Incriminating Conduct (Post Offence Lies and Conduct)
4.7 - Corroboration (General Principles)
4.8 - Delayed Complaint
4.9 - Prosecution Failure to Call or Question Witnesses
4.10 - Defence Failure to Call Witnesses
4.11 - Failure to Challenge Evidence (Browne v Dunn)
4.12 - Identification Evidence
4.13 - Opinion Evidence
4.14 - Previous Representations (Hearsay, Recent Complaint and Prior Statements)
4.15 - Silence in Response to People in Authority
4.16 - Silence in Response to Equal Parties
4.17 - Tendency Evidence
4.18 - Coincidence Evidence
4.19 - Other forms of other misconduct evidence
4.20 - Unfavourable Witnesses
4.21 - Unreliable Evidence Warning
4.22 - Criminally Concerned Witness Warnings
4.23 - Prison Informer Warnings
4.24 - Word Against Word Cases
4.25 - Alibi
Part 5: Complicity
5.1 - Overview
5.2 - Statutory Complicity (From 1/11/14)
5.3 - Joint Criminal Enterprise (Pre-1/11/14)
5.4 - Extended Common Purpose (Pre-1/11/14)
5.5 - Aiding, Abetting, Counselling or Procuring (Pre-1/11/14)
5.6 - Assist Offender
5.7 – Commonwealth Complicity (s 11.2)
5.8 – Commonwealth Joint Commission (s 11.2A)
5.9 - Innocent Agent (Victorian Offences)
5.10 - Commission by Proxy (Commonwealth offences)
Part 6: Conspiracy, Incitement and Attempts
6.1 - Conspiracy to Commit an Offence (Victoria)
6.2 - Conspiracy (Commonwealth)
6.3 - Incitement (Victoria)
6.4 - Attempt (Victoria)
Part 7: Victorian Offences
7.1 - General Directions
7.2 - Homicide
7.3 - Sexual Offences
7.4 - Other Offences Against the Person
7.5 - Dishonesty and Property Offences
7.6 - Drug Offences
7.7 – Occupational Health and Safety
7.8 - Offences against justice
Part 8: Victorian Defences
8.1 - Statutory Self-Defence (From 1/11/14)
8.2 - Statutory Self-Defence (Pre - 1/11/14) and Defensive Homicide
8.3 - Common Law Self-Defence
8.4 - Mental Impairment
8.5 - Statutory Intoxication (From 1/11/14)
8.6 - Statutory Intoxication (23/11/05 - 31/10/14)
8.7 - Common Law Intoxication
8.8 - Automatism
8.9 - Statutory Duress (From 1/11/14)
8.10 - Statutory Duress (23/11/05 - 31/10/14)
8.11 - Common Law Duress
8.12 - Provocation
8.13 - Suicide Pact
8.14 - Powers of arrest
8.15 - Police search and seizure powers without a warrant
Part 9: Commonwealth Offences
9.1 - Commonwealth Drug Offences
9.1.1 - Trafficking Controlled Drugs
9.1.2 – Importing/Exporting Border Controlled Drugs and Plants
9.1.2.1 – Charge: Importing/Exporting Marketable or Commercial Quantities of Border Controlled Drugs and Border Controlled Plants
9.1.2.2 – Checklist: Importing Marketable or Commercial Quantities of Border Controlled Drugs
9.1.2.3 - Charge: Importing/Exporting Border Controlled Drugs and Border Controlled Plants
9.1.2.4 – Checklist: Importing Border Controlled Drugs
9.2 - People Smuggling (Basic Offence)
9.3 - People Smuggling (5 or More People)
9.4 - Use of carriage service for child pornography material
Part 10: Unfitness to Stand Trial
10.1 – Investigations into Unfitness to Stand Trial
10.2 – Special Hearings
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