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Criminal Law Update -- Court of Criminal Appeal

NCJ Number
174846
Journal
Judicial Review Volume: 3 Issue: 3 Dated: September 1997 Pages: 115-151
Author(s)
D Hunt
Date Published
1997
Length
37 pages
Annotation
Problems faced by the Court of Criminal Appeal in New South Wales, a statutory counterpart of the Supreme Court, in the conduct of criminal trials are examined.
Abstract
The article first focuses on preliminary matters (applications for adjournment, accused persons who do not have representation, introductory remarks, the nature of the case, and writing materials for the jury). The article then covers trial procedures (cross-examination, judge intervention, jury questions, right to silence, evidence provided by the accused, and the identification of case issues). Consideration is also paid to summing up a case (written directions, simplicity of language, onus and burden of proof, complainant truthfulness, alternative bases for a verdict, and jury difficulties in reaching agreement). The article concludes by discussing sentencing issues (parity, bail, remarks on sentence, and form of sentence). 152 footnotes