Index

[References are to paragraph numbers]

[Current to Update 57]

A

Abnormality of mindsee also Automatism
diminished responsibility [6-550]
disease of the mind [6-290]
interpretation [6-550], [6-580]
jury directions
oral [6-580]
written [6-570]
murder reduced to manslaughter [6-580]
onus and burden of proof [6-550]
rationale behind defence [6-580]
self-induced intoxication [6-550]
substantial impairment [6-550]
Aboriginal people
cultural and linguistic factors as witnesses [1-900]
jury directions [1-910]
Accessory
after the fact [2-730]
before the fact [2-710]
Accomplice
witness, as [4-380], [4-385]
corroborative evidence not needed [4-387]
Accusatory statements
accused, in presence of [2-000]
admissibility [2-000]
jury direction [2-010]
Accused
accusatory statements in presence of [2-000]
admissibility [2-000]
jury direction [2-010]
election not to offer explanation [2-1000]
failure to give or call evidence [2-1010]
explanation, failure to give [2-1020]
Weissensteiner direction [2-1020], [2-1030]
gives or calls critical exculpatory evidence [3-620]
implicating another accused [4-397]
joint trials [3-350]
jury direction [3-360]
motive to lie [3-625]
plea of, and alternative offences [2-200]
self-representedsee Self-represented accused
silence [2-1000]
right to [4-110]–[4-130]
voluntary act [4-350]
causing harm to victim [4-355]
jury direction [4-365]
nature of [4-360]
Acquittal
basis raised by judge in summing-up [7-040]
directed [2-050]
jury direction [2-060]
Addresses
closing [1-015]
Prasad direction, application for [1-020]
Crown [1-020]
opening [1-015]
Adjournment
contempt, following charge of [1-290]
Admissibility
complaint in sexual cases [2-550]
visual identification [3-005]
voice identification [3-100]
Admissions
disputed [2-130]
Evidence Act 1995, under [2-120]
pre-Act position [2-110]
jury direction [2-130]
oral [2-120]
police, to [2-100]
self-represented accused, advice to [1-820]
warning to jury, requirement to give [2-110]
Affirmations
general [1-600]
example [1-600]
jurors, for [1-610]
example [1-610]
views [1-615], [4-347]
example [1-615]
jury direction [4-345]
Aggravated offences
dangerous driving [5-250], [5-260]
indecent assault
jury direction [5-680], [5-690]
sexual intercourse without consent [5-1550], [5-1570]
company, in [5-1585]
multiple counts [5-1590]
Aider and abettor
definition [2-720]
jury direction [2-720]
principal in the first degree, distinguished [2-720]
Alibi
defence, as [6-000]
leave to present [6-010]
self-represented accused, advice to [1-820]
Alternative counts
availability [2-200]
summing-up [7-000]
Alternative verdicts
attempt [2-200], [2-250]
Commonwealth Code, under [2-250]
procedure for raising [2-260]
State offences [2-250]
availability [2-200]
compromise, as [2-205]
dangerous driving [5-520]
duty to leave [2-205]
indecent assault [5-710]
jury direction [2-210]
manslaughter, in case of [5-1020]
manslaughter, of, in trial for murder [2-205], [5-950], [5-1140]
offences other than murder [2-205]
power of jury [2-200]
robbery [5-1490]
Appeals
suppression and non-publication orders [1-354]
Assault
“apprehension of immediate and unlawful personal violence” [5-010]
common [5-000]
definition [5-010]
examples [5-050]
indecentsee Indecent assault
intent [5-010], [5-040]
no physical force [5-010]
jury direction [5-020]
physical [5-010]
jury direction [5-030]
robbery withsee Robbery
sexualsee Sexual intercourse without consent
verbal [5-040]
Attempt
alternative verdicts [2-200], [2-250]
Commonwealth Code, under [2-250]
procedure for raising [2-260]
State offences [2-250]
elements of offence [2-250]
jury direction [2-270]
Audio visual evidencesee also Closed-Circuit Television (CCTV), Video evidence
legislative provisions [1-360]
link, evidence given by [1-380]
government agency [1-362]
jury directions and warnings [1-382]
Commonwealth offences [1-382]
out-of-court representations [1-372]
recording, evidence in form of [1-374]
jury direction [1-376]
pre-recorded interview by witness [1-378]
sexual offence witnesses [1-362]
Automatism
disease of the mind [6-290]
elements of defence [6-050]
evidence [6-220]
insane [6-210]
mental illness, denial of [6-250]
M’Naghten Rules [6-210], [6-280]
raised by accused [6-240]
mental illness, explanation to jury regarding [6-260]
sane [6-060]

B

Background evidence
jury direction [4-222]
overview [4-200], [4-220]
relationship evidence [4-220]
transactional evidence [4-220]
Batterysee also Assault
definition [5-010]
Blackmailsee also Extortion by threat
Break and entersee also Larceny
implements for, possession of [5-600]–[5-610]
Break, enter and steal
breaking, what amounts to [5-110]
building, definition [5-110]
dwelling-house, definition [5-110]
jury direction [5-100]–[5-110]
knowledge of person in place of offence [5-110]
Bribery
jury direction [5-160]–[5-170]
nature of offence [5-150]
Burden and standard of proofsee also Onus and standard of proof

C

Causation
jury direction [2-310]
negligence [5-1300]
grievous bodily harm [5-1310]
overview [2-300], [2-305]
Character
co-accused
jury direction [2-410]
credibility and [2-370]
good
jury directions [2-370]
character contested by Crown [2-390]
character not contested by Crown [2-370]
legislative provisions [2-350]
propensity and credibility, relationship between [2-350]
self-represented accused [1-820]
Child
accusedsee Child accused
child development, knowledge of [1-123]
closed court/non-publication orders [1-123][1-150]
reliability, issue of [1-140][1-122]
specialised knowledge about [1-122]
support persons [1-368]
Commonwealth proceedings [1-370]
witnesssee Child witness
Child accused
child, definition [1-100]
closed court [1-358]
understanding proceedings [1-180]
Child sexual assault
Child Sexual Assault Pilot List [10-525]
tendency evidence [4-225], [4-230]
jury direction [4-232]
Child witness
child, definition [1-100]
competence [1-110]
sworn evidence [1-115]
unsworn evidence [1-118]
evidence
narrative form [1-125]
reliability of [1-140]
warnings to jury regarding [1-135]
self-represented accused, examination by [1-160]
Children’s champion
oath or affirmation by [1-600]
Circumstantial evidence
direct evidence, contract with [2-510]
exclusion of all possible hypotheses consistent with innocence [2-500]
guilt beyond reasonable doubt [2-500]–[2-530]
intermediate facts [2-510]
“link in the chain cases” [2-510]
jury direction [2-530]
particular facts essential to adverse conclusion [2-520]
reliance upon [2-500]
jury directions [2-520]–[2-530]
“Shepherd direction” [2-510]
“strands in a cable cases” [2-520]
jury direction [2-520]
Closed-Circuit Television (CCTV)see also Audio visual evidence, Video evidence
legislative provisions [1-360]
“prescribed sexual offence” proceedings
complainant giving evidence [1-362]
jury direction [1-366]
Commonwealth proceedings [1-366]
vulnerable persons [1-362]
warning to jury [1-364]
Closed court
children, proceedings against [1-358]
Court Suppression and Non-publication Orders Act 2010 [1-352]
open justice, principle of [1-350]
powers of court [1-349]
protection of complainants [1-358]
sexual offence proceedings [1-358]
statutory provisions [1-358]
terrorism proceedings [1-358]
test of necessity [1-354]
witness protection [1-358]
Co-accused
character
jury direction [2-410]
Cognitive impairment
definition [5-1700]
sexual intercourse offencessee Sexual intercourse
Coincidence evidence
jury directions
circumstantial case [4-237]
joinder of counts of different complainants [4-240]
overview [4-200]
Common purposesee also Complicity
Criminal Code Act 1995, under [11-010]
joint criminal liability [2-740]
withdrawal from [2-780]
Commonwealth offences
audio visual link, evidence given by [1-380]
disagreement over verdict [8-060]
receipt of verdict [8-020]
return of jury [8-020]
summing-up [7-020]
Competence
child witnesssee Child witness/accused
definition [1-105]
presumption of [1-110]
question arising about presumption of [1-110]
specialised knowledge, use of [1-122]
statutory provisions [1-110]
sworn evidence [1-115]
unsworn evidence [1-118]
jury directions [1-120]
vulnerable person [1-372]
Complaint
admissibility [2-550]
jury direction [2-570]
delay [2-630]–[2-640]
forensic disadvantage [2-640]–[2-650]
jury direction [2-620], [2-650]
evidence [2-550]
limitation of [2-580]
re-establishing complainant’s credit [2-610]
witness able to give, where [2-560]
witness not available, where [2-590]
jury directions
delay [2-620], [2-650]
limitation of evidence [2-580]
re-establishing complainant’s credit [2-610]
witness able to give evidence [2-560]
witness not available [2-590]
prior consistent statement [2-600]
sexual cases, in
admissibility [2-550]
Complicity
accessorial liability
accessory after the fact [2-730]
accessory at the fact [2-720]
accessory before the fact [2-710]
aider and abettor [2-720]
common purpose [2-760]
joint criminal liability [2-740]
extended [2-760]
jury direction [2-750]
nature of [2-700]
Conduct of trials
self-represented accused, advice to [1-800]
direction in absence of jury [1-820]
Consciousness of guilt
alternative charges [2-953]
flight [2-960]
lies as evidence [2-955]
jury direction [2-965]
limitation [2-970]
post-offence conduct as evidence of [2-953]
Consent
indecent assault [5-670]
jury direction [5-660]
larceny [5-760]
motor vehicles [5-860]–[5-870]
robbery [5-1450]
sexual intercourse without [5-1550], [5-1566]
proof of absence of consent [5-1565]
recklessness [5-1550], [5-1565], [5-1566], [5-1568]
Conspiracy
“agreement”, interpretation [5-210]
jury direction [5-210]–[5-220]
nature of offence [5-200], [5-220]
reasonable participation, evidence of [5-220]
separation of evidence [5-220]
Contempt
adjournment for defence to charge of [1-290]
alternative methods of dealing with [1-255]
charge, oral [1-285]
commencement of proceedings [1-260]
disobedience of court orders [1-250]
District Court
jurisdiction of [1-253]
Supreme Court, reference to [1-265]
transfer, reasons for [1-270]
face of the court, in [1-250]
case examples [1-250]
interpretation [1-250]
initial steps [1-280]
judge, involvement of [1-255]
objects of law [1-250]
penalty [1-300]
publication, by [1-250]
scandalising the court [1-250]
standard of proof [1-295]
summary hearing [1-275]
conduct of [1-295]
Supreme Court [1-260]
District Court, reference from [1-265]
jurisdiction of [1-253]
procedure [1-275], [1-280]
commencement of proceedings [1-260]
registrar, reference to [1-260]
transfer, reasons for [1-270]
Context evidence
jury direction [4-215]
overview [4-200], [4-210]
Conveyance breaking implements
possession of [5-600]–[5-610]
Counselsee also Defence counsel, Prosecution counsel
identification of legal issues by judge [7-040]
rule in Browne v Dunn, overlooking [7-040]
Counselling to commit crime
accessorial liability
accessory before the fact [2-710]
Credibility
character [2-370]
cross-examination of accused [1-343], [1-347]
Criminal Code Act 1995
case references [11-000]–[11-010]
Criminal negligence
manslaughter by [5-1000]
jury direction [5-1010]
Criminal proceedings
cross-examination of accused [1-343], [1-347]
Criminal responsibility
automatism [6-050]
Criminal Code Act 1995, under [11-010]
self-defence [6-450]
Cross-examination
accused, of [1-343], [1-347]
good character, regarding [2-350]
discrediting own witness [4-250]
improper questions [1-340], [1-341]
self-incrimination, privilege against [1-720]
self-represented accused, by
advice to [1-820]
Commonwealth offences [1-890]
prescribed sexual offence [1-840]
vulnerable persons [1-890]
sexual history, concerning [1-342]
unfavourable witness [4-250]
Cultural and linguistic factors
witnesses [1-900]
jury directions [1-910]

D

Dangerous driving
aggravation [5-250], [5-260]
drive, definition [5-255]
grievous bodily harm, definition [5-255]
honest and reasonable belief defence
mechanical defect in vehicle [5-260]
onset of sleep [5-260]
intoxication [5-250], [5-260]
jury direction [5-260]
knowledge and [5-255]
management and control over vehicle [5-260]
mechanical defect [5-260]
medical condition [5-260]
honest and reasonable belief defence [5-260]
momentary lapse of attention [5-260]
nature of offence [5-250]
occasioning [5-255]
jury direction [5-260]
strict liability [5-255], [5-260]
“under the influence”, interpretation [5-260]
Death
dangerous driving causing [5-250]
jury direction [5-260]
Defence counsel
identification of legal issues by judge [7-040]
onus and standard of proof
defence has no onus [3-600]
defence has onus [3-630]
Defences
alibi [6-000]
automatism [6-050]
insane [6-210]
“battered woman syndrome” [6-170]
claim of right
larceny [5-760], [5-770]
robbery [5-1460]
duress [6-150]
honest and reasonable belief
dangerous driving offences [5-260]
insane automatism [6-210]
intent to restore [5-780]
mental illness [6-200]
necessity [6-350]
self-defence [6-450]
substantial impairment by abnormality of mind [6-550]
summing-up [7-000]
Defraud
conspiracy to [5-220]
intent to [5-350]–[5-370]
jury direction [5-360]
Demonstrationssee Inspections
overview [4-335]
Diminished responsibility
“abnormality of mind”, interpretation [6-550], [6-580]
“substantial impairment by abnormality of mind” [6-550]
Directions
intermediary, use of [1-880]
writing, in [1-535]
Disagreement
jury [8-050]
Commonwealth offences [8-060]
State offences [8-070]–[8-100]
Dishonesty
defraud, intent to [5-350]–[5-370]
false instruments [5-450]–[5-470]
false or misleading statements [5-500]–[5-550]
Disrespectful behaviour
adult offenders [1-325]
behaviour, definition [1-320]
child offenders [1-325]
maximum penalty [1-320]
offence [1-320]
procedure [1-325]
Documents
non-publicationsee Non-publication orders
Domestic crimes
“battered woman syndrome” [6-170]
Domestic violence
complainant
definition [1-372]
evidence by [1-360], [1-372]
domestic violence offence, definition [1-372]
evidence by complainants [1-360], [1-372]
recorded statement, definition [1-372]
Driver
meaning of [5-260]
Driving offences
dangeroussee Dangerous driving
Drug offences
dangerous driving [5-250]
“under the influence”, interpretation [5-260]
drug exhibits, police procedures [5-1800]
supplysee Supply of prohibited drugs
Duress
“battered woman syndrome” [6-170]
case law [6-170]
defence, nature of [6-150]
jury direction [6-160]
limitations [6-170]
necessity and [6-350]
Dwelling
definition [5-100]

E

Evidence
admissionssee Admissions
automatism [6-220]
background [4-200], [4-220]
jury direction [4-222]
relationship evidence [4-220]
transactional evidence [4-220]
child witnesssee Child witness
circumstantial [2-500]–[2-530]
coincidence [4-200], [4-235]
jury directions [4-237], [4-430]
overview [4-200]
complainant in sexual offence proceeding [1-362]
Commonwealth proceedings [1-362]
conflicting witnesses, case turns on [3-605]
context [4-200], [4-210]
jury direction [4-215]
corroborative
witness reasonably supposed to have been criminally concerned [4-387]
critical exculpatory, given or called by accused [3-620]
cross-examinationsee Cross-examination
Crown case, witnesses [1-015]
directions [1-015]
domestic violence complainants, by [1-360], [1-372]
exculpatory [1-015]
expertsee Expert evidence
failure to give or call [2-1010]
explanation, failure to give [2-1020]
Weissensteiner direction [2-1020], [2-1030]
identificationsee Identification evidence
implicating another accused [4-397]
narrative form, in [1-125]
opening addresses [1-015]
out-of-court representations [1-372]
Commonwealth sexual offence proceedings [1-372]
domestic violence [1-372]
recorded interviews [1-372]
vulnerable persons [1-372]
recording, evidence in form of [1-374]
jury direction [1-376]
pre-recorded interview by witness [1-378]
recorded statement, definition [1-372]
self-represented accused, advice to [1-820]
silence by accused [2-1000], [4-100]
summing-up [7-000], [7-040]
tendencysee Tendency evidence
unreliable
“dangerous to convict” formulation, exceptional use of [4-390]
jury direction [4-392]
prison informers [3-750]
warnings to jury [1-015], [2-110]
witness reasonably supposed to have been criminally concerned [4-380]–[4-397]
views [1-015]
witnesses compelled to give [1-720]
Examination in chief
prescribed sexual offence
self-represented accused, advice to [1-840]
Expert evidence
admissibility [2-1100]
clarification for jury [1-494]
conflict as to facts or assumptions [2-1110]
conflicting opinions [2-1110]
fingerprints [2-1110]
jury direction [2-1110]
no challenge to [2-1110]
reliance upon statements by others [2-1110]
reliance upon statements of accused [2-1110]
role of jury [2-1100]
sexual abuse of children [2-1110]
Extortion by threat
communication of intention [5-420]
Crimes Act 1900, under [5-410]
offence, elements of [5-410]
threat, nature of [5-400]
Extreme provocationsee Provocation

F

Fairness
requirements [7-040]
False instruments
acts or omissions [5-450]
forging, previous offence of [5-450]
jury directions [5-460]–[5-470]
making [5-460]
using [5-470]
utterances, previous offence of [5-450]
False or misleading statements
deception, definition [5-510]
financial advantage, gaining [5-510]
fraud [5-500]
intent [5-520], [5-530]
knowledge [5-540]
larceny and [5-500]
money, definition [5-510]
multiple particulars [5-550]
“publish”, interpretation of [5-530], [5-540]
purpose [5-540]
reckless disregard [5-520], [5-530]
valuable thing, definition [5-510]
Fault elements
Criminal Code Act 1995, under [11-010]
Flight
consciousness of guilt [2-960]
Forgery
falsesee False instruments
Fraud
concealment of records [5-564]
intent to cause financial disadvantage [5-570]
intent to obtain financial advantage [5-568]
intent to obtain property [5-566]
jury directions [5-566]–[5-570]
deception, definition [5-554]
destruction of records [5-564]
intent to cause financial disadvantage [5-570]
intent to obtain financial advantage [5-568]
intent to obtain property [5-566]
jury directions [5-566]–[5-570]
dishonestly causing financial disadvantage
jury direction [5-562]
dishonestly obtaining financial advantage
definition [5-554]
jury direction [5-560]
dishonestly obtaining property
definition [5-554]
jury direction [5-558]
dishonesty, definition [5-554]
elements of offence [5-556]
false or misleading statements [5-500], [5-572]
causing financial disadvantage [5-576]
intention to deceive [5-578], [5-580]
jury directions [5-574]–[5-576], [5-580]
obtaining financial advantage by [5-576]
obtaining property by [5-574]
officer of corporation [5-578], [5-580]
nature of offence [5-552]
recklessness, definition [5-554]

G

Grievous bodily harm
constitutional defect, victim had [5-1310]
dangerous driving causing [5-250]
jury direction [5-260]
definition [5-255]
negligence and [5-1300]
negligent act, causing harm by [5-1310]
omission to act, causing harm by [5-1320]
unlawful act, causing harm by [5-1330]
unlawful omission, causing harm by [5-1340]
Guilt
consciousnesssee Consciousness of guilt
establishing [11-010]
Guilty verdict
receipt of
Commonwealth offences [8-020]
State offences [8-030]

H

Hearsay
complaint in sexual casessee Complaint
Hostile intent
assault [5-010]
indecent assault [5-670]
House breaking implements
possession of [5-600]–[5-610]

I

Identification evidence
admissibility [3-005], [3-100]
descriptive evidence [3-010]
in court [3-010]
objects, identification of [3-035]
picture [3-010]
recognition evidence [3-010]
jury direction [3-050]
resemblance evidence [3-010]
visual forms [3-000]
definition [3-010]
“exculpatory” [3-040]
jury direction [3-045], [3-050]
multiple witnesses [3-050]
objects, identification of [3-035]
opinion evidence and [3-010]
terminology [3-010]
warnings to jury [3-050]
voice [3-010], [3-100]
warnings to jury [3-110]
In camera proceedings
prescribed sexual offences [1-358], [10-500]
media access [1-358], [10-500]
Indecent assault
act committed “in the presence of” [5-660]
aggravation, circumstances of [5-680], [5-690]
alternative verdict sought [5-710]
assault sexually equivocal [5-660]
company, in [5-680], [5-690]
consent [5-660]
recklessness as to [5-660]
elements of offence [5-650]
basic offence [5-670]
intoxication[5-660], [5-670]
“no aggravating circumstances”, jury direction [5-660]
“serious intellectual disability”, interpretation [5-680], [5-690]
sexual assaultsee Sexual intercourse without consent
timing [5-660]
touching, no [5-660]
victim under authority of offender [5-680], [5-690]
Indigenous people
cultural and linguistic factors as witnesses [1-900]
jury directions [1-910]
Inferences
conspiracy [5-210]
definition [3-150]
jury direction [3-150]
recent possession [4-000]
unfavourable, fact not mentioned at time of questioning [4-100]
Informers
prisonsee Prison informers
Intellectual disability
sexual intercourse offencessee Sexual intercourse
Intention
assault [5-010], [5-040]
attempt and [2-270]
conspiracy [5-200]
Criminal Code Act 1995, under [11-010]
defraud, to [5-350]–[5-370]
dishonestly obtaining by deception [5-520], [5-530]
elaboration by judge [3-220]
extortion by threat [5-420]
false instruments [5-460]
hostile [5-010]
jury direction [3-210]–[3-220]
larceny [5-760]
methods of determining [3-210]
murder [5-1110]
not an objective test [3-200]
possession of house, safe, conveyance breaking implements [5-610]
sexual intercourse
cognitive impairment, person with [5-1710]–[5-1720]
intellectual disability, person with [5-1730]–[5-1750]
specific
basic, distinguished [3-250]
jury direction [3-255]
Intercoursesee Sexual intercourse
Internet
adverse media publicity [1-450]
Intoxication
Crimes Act 1900, under [3-250]
dangerous driving [5-250], [5-260]
indecent assault [5-670]
jury directions
specific intent [3-255]
offences of specific and basic intent, distinguished [3-250]
reckless indifference [3-250]
self-defence [6-470], [6-500]
jury directions [6-480]–[6-490]
self-induced and non-self-induced [3-250], [6-500], [6-550]
sexual intercourse without consent [5-1550]
“under the influence”, distinguished [5-260]
voluntariness and [3-250]

J

Joint criminal enterprisesee also Complicity
constructive murder [2-770]
extended [2-740]
jury direction [2-760]
jury direction [2-750]
manslaughter arising out of [5-960]
jury direction [5-970]
nature of [2-740]
Joint trials
jury direction [3-360]
nature of [3-350]
summing-up [7-000]
Judge
jury, disclosure of communication with [8-000]
opinion, expressing [7-040]
self-represented accused, duty to [1-810]
summing-upsee Summing-up
Jurisdiction
contempt
District Court [1-253]
Supreme Court [1-253]
trial court [1-005]
Jurors
anonymity [1-445]
booklet [1-475]
breaks [1-490]
communications [1-490], [1-500]
daily attendance [1-490]
deciding the case on the evidence [1-490]
deliberations [1-030]
directions in writing [1-535]
discharge [1-015], [8-020]
adverse media publicity, following [1-450]
continuing with remaining jurors, following [1-510]
illness, infirmity or incapacitation [1-505]
individual jurors [1-505]
jury direction [1-515]
reasons for decision [1-505]
whole jury [1-520]
discussions outside jury room [1-480]
DVD [1-475]
excusing [1-455]
illness, incapacity or incapacitation [1-505]
inquiries about trial matters prohibited [1-490], [1-495]
irregularities involving [1-495]
reporting [1-480], [1-490]
lawyers, introduction of [1-490]
media reports, and [1-480], [1-490]
misconduct by [1-505]
names
protection of information [1-445]
note taking [1-490]
number [1-440]
offences [1-495]
personal issues [1-490]
queries about evidence or procedure [1-490]
return of jury [1-030]
roles and functions [1-480]
soliciting information from [1-490]
sources of information [1-490]
transcripts, provision of [1-015], [1-525]
use of [1-530]
written directions for opening of trial [1-480]
Jury
addressing
self-represented accused, advice to [1-820]
advice to [1-490]
legal argument, nature of [1-490]
booklet [1-475]
challenge, right to [1-460]
advice to self-represented accused [1-830]
deliberation, time spent in [8-100]
directionssee Jury directions
disagreement [8-050]
Commonwealth offences [8-060]
State offences [8-070]–[8-100]
discharge [8-020]
adverse media publicity, following [1-450]
whole jury, of [1-520]
DVD [1-475]
empanelling [1-010]
adjournment following [1-010]
challenge by self-represented accused [1-830]
instructions to jury [1-490]
self-represented accused, advice to [1-820]
expert evidence, clarification about [1-494]
foreperson
role [1-480]
selection of [1-490]
further directions prior to delivery of verdict [8-010]
identification evidence, accepting
aural evidence [3-110]
visual evidence [3-050]
initial remarks to [1-480], [1-490]
introduction to proceedings [1-490]
judge
disclosure of communication with [8-000]
opening address to jury [1-010]
jurorssee Jurors
majority verdicts [8-070]–[8-100]
suggested perseverance following disagreement [8-070]–[8-100]
summing-up, reference in [7-040]
opening to [1-470]
written directions [1-480]
questions for witnesses [1-492]
requests [8-000]
return [8-000]–[8-100]
role of [1-480]
unanimity verdicts [8-060]
Commonwealth offences [8-020], [8-060]
State offences [8-070]–[8-080]
unanswered questions [8-000]
voting numbers, disclosure of [8-100]
witnesses, questions for [1-492]
Jury directions
abnormality of mind [6-570]
accessorial liability
accessory after the fact [2-730]
accessory before the fact [2-710]
accusatory statements in presence of accused [2-010]
acquittal [2-060]
admissions [2-130]
aider and abettor [2-720]
principal in the first degree, distinguished [2-720]
alibi [6-000]–[6-010]
alternative verdicts [2-210]
assault
no physical force [5-020]
physical force [5-030]
robbery with [5-1470]
sexualsee Sexual intercourse without consent
attempt [2-270]
automatism
insane [6-240]
mental illness, finding of [6-260]
sane [6-060]
break, enter and steal [5-100]–[5-110]
bribery [5-150]–[5-170]
causation [2-310]
character of accused
contested by Crown [2-390]
not contested by Crown [2-370]
character of co-accused [2-410]
child witness
unsworn evidence [1-120]
warnings about evidence [1-135]
circumstantial evidence [2-510][2-520]
coincidence evidence [4-237], [4-240]
complaint evidence
delay [2-620], [2-650]
limitation of evidence [2-580]
re-establishing complainant’s credit [2-610]
witness able to give evidence [2-560]
witness not available [2-590]
complicity [2-750]–[2-760]
conspiracy [5-210]–[5-220]
constructive (felony) murder [5-1120]
context evidence [4-215]
dangerous driving [5-260]
defraud, intent to [5-360]–[5-370]
disagreement over verdict [8-050]
Commonwealth offences [8-060]
State offences [8-070]–[8-100]
discharging jurors [1-515]
duress [6-160]
empanelling, prior to [1-490]
expert evidence [2-1110]
extortion by threat [5-410]
extreme provocation [6-442]
false instruments [5-460]–[5-470]
false or misleading statements [5-520], [5-540]
fraud
concealment of records [5-566]–[5-570]
destruction of records [5-566]–[5-570]
dishonestly causing financial disadvantage [5-562]
dishonestly obtaining financial advantage [5-560]
dishonestly obtaining property [5-558]
false or misleading statements [5-574]–[5-576], [5-580]
good character contested [2-390]
good character not contested [2-370]
house, safe or conveyance breaking implements
possession of [5-600]–[5-610]
identification evidence [3-050]
indecent assault [5-660]
aggravating circumstances [5-680], [5-690]
alternative verdict sought [5-710]
inferences [3-150]
insane automatism [6-240]
intention [3-210]–[3-220]
intoxication
specific intent [3-255]
joint criminal enterprise [2-750]–[2-760]
withdrawal from [2-780]
joint trials [3-360]
kidnapping [5-2010]–[5-2030]
aggravated offence [5-2020], [5-2030]
larceny [5-760], [5-800]–[5-840]
Liberato direction [3-605]
lies [2-965]
limiting use [2-970]
manslaughter
criminal negligence [5-1010]
unlawful and dangerous act [5-990]
mental illness defence [6-230]
insane automatism [6-240]
murder, mental element of [5-1110]
negligence
negligent act, causing harm by [5-1310]
omission to act, causing harm by [5-1320]
unlawful act, causing harm by [5-1330]
unlawful omission, causing harm by [5-1340]
opening of trial, at
oral [1-490]
written [1-480]
possession [3-700]–[3-710]
prison informers, warnings [3-760]
provocation
extreme provocation, murder committed after 13 June 2014 [6-442]
murder committed before 13 June 2014 [6-420]
receiving stolen property [5-1410]
recent possession [4-000]
conflicting explanations [4-030]–[4-040]
recency [4-050], [4-070]
reckless indifference, murder [5-1110]
robbery [5-1460]
assault with intent to rob [5-1470]
self-defence
cases other than murder [6-460]
essential components [6-455]
murder cases [6-465]
sexual intercourse, cognitive impairment [5-1710]–[5-1720]
sexual intercourse without consent [5-1550]
aggravation [5-1570]
recklessness [5-1550], [5-1565], [5-1566], [5-1568]
silence by accused [2-1010]
right to [4-110]
special hearings [4-160]
substantial impairment by abnormality of mind [6-570]–[6-580]
summing-up
final directions [7-030]
multiple defendants [7-020]
supply of prohibited drugs
actual supply [5-1810]
“commercial quantity” [5-1830]
deemed supply [5-1840]
“large commercial quantity” [5-1850]
ongoing [5-1860]
substance not prohibited drug, where [5-1820]
tendency evidence [4-227]
child sexual assault case [4-232]
transcripts, use of [1-530]
unfavourable witnesses [4-255]
unreliable evidence [3-760]
“dangerous to convict” formulation, exceptional use of [4-392]
views [4-345]
oaths and affirmations [4-347]
voluntary act [4-360]
witnesses
cultural and linguistic factors [1-910]
not called by Crown [4-377]
witness reasonably supposed to have been criminally concerned [4-358]–[4-385]
evidence not entirely adverse to accused [4-395]
written, at opening of trial [1-480]

K

Kidnapping
advantage, detaining for [5-2000]
jury directions [5-2010]–[5-2030]
advertent and inadvertent [5-2000]
aggravated offence
jury directions [5-2020], [5-2030]
current forms of offences [5-2000]
presumption of absence of consent [5-2000]
ransom, holding for [5-2000]
recklessness as to consent of victim [5-2000]
Knowledge
conspiracy, element of [5-210]
Criminal Code Act 1995, under [11-010]
dangerous driving and [5-255]
receiving stolen property [5-1400]–[5-1410]
sexual intercourse
cognitive impairment, person with [5-1710]–[5-1720]
intellectual disability, person with [5-1730]–[5-1750]

L

Larceny
claim of right defence [5-760], [5-770]
consent [5-760]
motor vehicles [5-860]–[5-870]
dishonesty, requirement of [5-760]
guilty verdict [5-810]
intent to permanently deprive [5-760]
intent to restore defence [5-780]
motor vehicles [5-850]
driving with knowledge [5-900]
passengers [5-900]
taking and driving [5-850], [5-860]
taking for purpose of driving [5-870]
taking for purpose of obtaining reward for restoration [5-880], [5-890]
taking for purpose of secreting [5-880]
obtaining by false pretences, distinguished [5-500]
ownership of property [5-760]
motor vehicle [5-860]
receiving [5-790]
verdict [5-820]
robberysee Robbery
special verdict [5-800], [5-830]
taken away, requirement to be [5-760]
verdict, questions relating to [5-840]
Lies
consciousness of guilt [2-955]
jury direction [2-965]
limiting use to credit [2-970]
motive to lie
accused [3-625]
Crown witness [3-625]

M

Majority verdicts
suggested perseverance following disagreement [8-070]–[8-100]
Malice
— see Recklessness [4-080]
Manslaughter
act of accused caused death [5-970]
alternative verdicts
manslaughter, alternative verdicts to [5-1020]
murder, alternative to [2-205], [5-950], [5-1140]
categories of [5-950]
criminal negligence, by [5-960], [5-1000]
jury direction [5-1010]
intoxication [3-250]
involuntary [5-950], [5-960]
maximum penalty [5-950]
murder, alternative to [5-990], [5-1140]
negligence [5-1300]
provocation [5-950]
substantial impairment by abnormality of mind [5-950], [6-580]
unlawful and dangerous act, by [5-960], [5-980]
jury direction [5-990]
reasonable person test [5-980]
voluntary [5-950]
Medical purposes
penetration for proper medical purposes [5-1568]
Mens rea
intoxication [3-250]
negligence [5-1300]
Mental Health Review Tribunal
composition [6-270]
functions [6-270]
referral to
documentation [4-330]
forms of orders [4-320]
Mental illness
abnormality of mindsee Abnormality of mind
defence of [6-200]
jury directions [6-230]–[6-240]
disease of the mind [6-290]
explanation to jury regarding [6-260]
finding of [6-260]
insane automatism [6-210]
evidence [6-220]
jury direction [6-240]
mental illness, denial of [6-250]
M’Naghten Rules [6-210], [6-280]
raised by accused [6-240]
not guilty by reason of
special verdict, effect [6-295]
procedure for [4-325]-[4-332]
special hearings [4-150]
jury direction [4-160]
Mistake of fact
Criminal Code Act 1995, under [11-010]
Motor vehiclessee Vehicle offences
Multiple charges
advice to jury [1-490]
Murder
abnormality of mind, partial defence [6-580]
accessorial liability [5-1100]
alternative verdict of manslaughter [2-205], [5-950], [5-1140]
causation [5-1100]
constructive [5-1120]
historical discussion [5-1120]
joint criminal enterprise [2-770]
suggested direction [5-1130]
definition [5-1100]
extended common purpose [5-1100]
felony murder [5-1120]
intoxication [3-250], [5-1100]
joint criminal enterprise [5-1100]
malice [5-1100]
manslaughtersee Manslaughter
mental element, suggested direction [5-1110]
provocation [5-1100]
reckless indifference to human life [5-1100]
self-defence [5-1100]
limitations [6-460]
self-killing [5-1100]
substantial impairment by abnormality of mind [5-1100]
voluntary act of accused [5-1100]

N

Necessity
common law defence [6-350]
duress and [6-350]
Negligence
causation [5-1300]
criminal [5-1300]
manslaughter and [5-950], [5-1300]
Criminal Code Act 1995, under [11-010]
grievous bodily harm [5-1300]
negligent act, by [5-1310]
omission to act, by [5-1320]
unlawful act, by [5-1330]
unlawful omission, by [5-1340]
unlawful [5-1300]
Non-publication orders
appeals [1-354]
basis for making [1-354]
child witness [1-359]
closed courtssee Closed court
common law, under [1-352]
content [1-354]
Court Suppression and Non-publication Orders Act 2010 [1-352]
grounds for [1-354]
open justice, principle [1-350]
power to make [1-352]
suppression orders [1-349], [1-350]
review [1-354]
statutory provisions [1-356]
self-executing provisions [1-359]
terms [1-354]
vulnerable adult complainant [1-359]
Not-guilty verdict
mental illness, by reason of
special verdict, effect [6-295]
receipt of
Commonwealth offences [8-020]
State offences [8-030]

O

Oaths
children’s champion, by [1-600]
general [1-600]
example [1-600]
jurors, for [1-610]
example [1-610]
Koran, procedure for administering upon [1-605]
views [1-615], [4-347]
example [1-615]
jury direction [4-345]
Objections
self-represented accused, advice to [1-820]
Obstruction
hindering apprehension, trial or punishment of offender
accessorial liability [2-730]
Offences
alternative [2-200]
assault [5-000]
indecent [5-650]
blackmail [5-400]
break, enter and steal [5-100]
possession of implements for [5-600]
bribery [5-150]
conspiracy [5-200]
dangerous driving [5-250]
drug
supply Supply of prohibited drugs
elements of [11-010]
extortion by threat [5-400]
false instruments [5-450]
false or misleading statements [5-500]
indecent assault [5-650]
indictment [1-005]
intent to defraud [5-350]
larceny [5-750]
manslaughter [5-950]
negligence [5-1300]
possession
implements of crime [5-600]
receiving stolen property [5-1400]
receiving [5-1400]
robbery [5-1450]
sexual
intercourse, cognitive impairment [5-1700]
intercourse without consent [5-1550]
stealing
possession of implements for [5-600]
summing-up [7-000]
supply of prohibited drug [5-1800]
deemed supply [5-1800]
theft
possession of implements for [5-600]
Omission
negligence bysee Negligence
Onus and standard of proof
abnormality of mind [6-550]
“beyond reasonable doubt” [3-600], [3-610]
conflicting witnesses, case turns on [3-605]
jury directions
accused gives or calls critical exculpatory evidence [3-620]
defence has no onus [3-600]
defence has onus [3-630]
essential Crown witness [3-610], [3-615]
Liberato direction [3-605]
motive to lie
accused [3-625]
Crown witness [3-625]
Murray” direction [3-610], [3-615]
onus, nature of [3-600]–[3-603]
explanation to jury [1-480], [1-490]
reasonable possibility, concept of [3-603]
standard, nature of [3-600]–[3-603]
explanation to jury [1-480], [1-490]
summing-up [7-000]
Orders
closed court [1-349]
disobedience of court [1-250]
Mental Health Review Tribunal, referral to [4-320]
non-publicationsee Non-publication orders
open justice, principle of [1-350]
suppressionsee Non-publication orders
Ordinary person
provocation, insee Provocation

P

Pleas
arraignment, on [1-465]
Police
drug exhibits, procedures [5-1800]
Possession
conveyance breaking implements [5-600]–[5-610]
house breaking implements [5-600]–[5-610]
“intentional control” [3-700]
interpretation [3-700]
jury direction [3-700]–[3-710]
receiving stolen property [5-1400]–[5-1410]
recent [4-000]
circumstances surrounding [4-020]
explanation of [4-000]
conflicting explanations [4-030]–[4-040]
control, Crown required to establish [4-020]
definition [4-000]
recency, nature of [4-050], [4-070]
safe breaking implements [5-600]–[5-610]
supplysee Supply
Prejudice
advice to jury [1-490]
Prescribed sexual offencessee also Sexual offences
cross-examination of complainants [1-840]
evidence
complainant, arrangements [1-362]
complainant giving evidence by CCTV [1-362]
Commonwealth proceedings [1-362]
proceedings, management of [10-510]
self-represented accused, advice to [1-840]
sexual intercourse [5-1705]
cognitive impairment [5-1705]
sexual offence proceedings [5-1645]
case list [10-520]
complainant giving evidence, arrangements [1-362]
in camera [1-358], [10-500]
management [10-510]
media access [1-358], [10-500]
support person [1-368], [1-370]
Commonwealth proceedings [1-370]
Principles of law
summing-up [7-000]
Prior consistent statement
complaint evidence in sexual offence trials [2-600]
Prior inconsistent statement
admissibility [4-250]
Prison informers
“dangerous to convict” formulation, exceptional use of [4-390]
jury direction [4-392]
definition [3-770]
motivations [3-760]
unreliable evidence [3-750]
jury direction [3-760]
Privilege against self-incriminationsee Self-incrimination
Proceedings
adverse media publicity [1-450]
adjournment, stay or discharge following [1-450]
closed court
children [1-358]
explanation to jury [1-480], [1-490]
open court
non-publication orders, power to make [1-352]
statutory provisions [1-356]
test of necessity [1-354]
prescribed sexual offences [5-700]see Prescribed sexual offences
special hearings [4-150]
jury direction [4-160]
trial proceduresee Trial procedure
Proceeds of crime
disposal of
accessorial liability [2-730]
Procurement
accessorial liability
accessory before the fact [2-710]
Proof
onus and standardsee Onus and standard of proof
Propensity and similar factsee Tendency and coincidence
Prosecution counsel
identification of legal issues by judge [7-040]
Provocation
continuance of, covering two incidents [6-430]
direction, murder committed before 13 June 2014 [6-420]
extreme provocation [6-400], [6-440], [6-444]
jury direction, murder committed on or after 13 June 2014 [6-442]
history of relationship [6-430]
leaving defence to jury [6-430]
loss of self-control
causes of [6-430]
central element [6-444]
ordinary person
characteristics of [6-430], [6-444]
test [6-440]
partial defence, as [6-400]
provocative incident [6-430]
self-induced intoxication, relevance [6-444]
time of provocative conduct [6-440]
Publicity
adverse media
discharge of jury[1-450]
advice to jury [1-490]
children, proceedings relating to
statutory provisions [1-359]
non-publication orderssee Non-publication orders
suppression orderssee Non-publication orders

Q

Questions
basis of verdict, regarding [8-020]
unanswered [8-000]

R

Reasonable foreseeability
negligence [5-1300]
Reasonable person test
manslaughter by unlawful and dangerous act [5-980]
Receiving
larceny and [5-790]
jury direction [5-800]
stolen property [5-1400]
jury direction [5-1410]
Recent possessionsee Recent possession
Reckless indifference
human life, to [5-1110]
Recklessness
assault [4-080]
before the repeal of malice [4-082], [4-085]
Blackwell v R, application of [4-090]
jury direction [4-092]
consent of victim, as to [5-2000]
grievous bodily harm [4-080], [4-090], [4-092], [4-095]
intention [4-080], [4-085]
intoxication [3-250]
jury direction
offences with the ingredient recklessly cause/inflict a particular kind of harm where Blackwell v R applies [4-092]
particular offences following the Crimes Amendment (Reckless Infliction of Harm) Act 2012 [4-097]
recklessness before the repeal of malice [4-085]
malice [4-080], [4-082], [4-092], [4-097]
nature of [4-080]
particular offences following the Crimes Amendment (Reckless Infliction of Harm) Act 2012 [4-095]
self-defence [6-500]
sexual intercourse without consent [5-1550], [5-1565], [5-1566], [5-1568]
Remote witness facilities
operational guidelines [1-384]
judicial officers [10-670]
legal representatives [10-675]
Sheriff/court officers [10-685]
support persons [10-690]
system setup checklist [10-680]
Return of jury
Commonwealth offences [8-020]
disagreement [8-050]–[8-100]
further directions prior to delivery of verdict [8-010]
State offences [8-030]
unanswered questions [8-000]
Robberysee also Assault, Larceny
alternative verdicts [5-1490]
assault with intent to rob [5-1470]
elements of offence [5-1450], [5-1490]
steal from the person [5-1480]

S

Safe breaking implements
possession of [5-600]–[5-610]
Self-defence
circumstances where available [6-450]
intoxication [6-470]
jury directions [6-480]–[6-490]
jury directions
cases other than murder [6-460]
essential components [6-455]
murder cases [6-465]
raising or leaving with jury [6-452]
statutory form of [6-450]
Self-incrimination
jurisdiction [1-705]
privilege against [1-700]
certificate, granting [1-710]
certificates in other jurisdictions [1-710]
cross-examination [1-720]
witness, explanation to [1-705]
Self-represented accused
advice [1-800]–[1-890]
absence of jury, in [1-820]
“prescribed sexual offence” proceedings [1-850]–[1-860]
right to challenge [1-830]
vulnerable witnesses, cross-examination of [1-840]
challenge to empanelling of jury [1-830]
character [1-820]
child witnesses, examination of [1-160]
conduct of trials [1-800]
Crown Prosecutor, address by [1-835]
intermediary
advice to [1-870]
warning [1-875]
“prescribed sexual offence” proceedings [1-840]–[1-860]
cross-examination of complainants [1-840]
intermediary, use of [1-870], [1-875]
procedure [1-845]
stay of proceeding [1-835]
trial judge, duty [1-810]
Sexual assaultsee also Sexual intercourse without consent
case list [10-520]
media access to in camera proceedings [10-500]
Sexual intercourse
aggravatedsee Sexual intercourse without consent
cunnilingus [5-1568]
definition [5-1568]
penetration for proper medical purposes, distinguished [5-1568]
person with cognitive impairment, with
“carer’s offence” [5-1700]
jury direction [5-1710]
elements of offence [5-1710]
“exploitation offence” [5-1700]
jury direction [5-1720], [5-1740], [5-1750]
prescribed sexual offence [5-1705]
Sexual intercourse without consent
aggravated [5-1570]
company, in [5-1585]
multiple counts [5-1590]
consent [5-1550], [5-1566]
knowledge [5-1550], [5-1566]
“prescribed sexual offence” proceedings [5-1645]
case list [10-520]
complainant giving evidence, arrangements [1-362]
in camera [10-500]
jury direction [1-370]
management [10-510]
support person [1-368]
recklessness [5-1550], [5-1566], [5-1568]
sexual history, cross-examination concerning [1-342]
Sexual offences
assaultsee Sexual intercourse without consent
audio visual evidencesee Audio visual evidence, Closed-Circuit Television (CCTV)
child, against
tendency evidence, jury direction [4-232]
complaint insee Complaint
indecent assaultsee Indecent assault
intercoursesee Sexual intercourse
non-publication orders [1-358]
prescribed
proceedings [5-700]see Prescribed sexual offences
witnesses [1-362]
Silence
accused, by [2-1000]
jury direction [2-1010]
right to [4-110], [4-130]
common law, under [4-100]
exercised prior to trial [4-110]
statutory provisions [4-100]
threatening via silent telephone calls [5-040]
Social media
adverse publicity [1-450]
Special hearings
nature of [4-150]
jury direction [4-160]
State offences
majority verdict available [8-070]–[8-080]
return of jury [8-030]
summing-up [7-020]
unanimous verdict required [8-070]–[8-080]
Statements
accusatory [2-000]
admissibility [2-000]
jury direction [2-010]
“prior inconsistent”
sexual offences [2-600]
Stealing
break, enter and steal [5-100]–[5-110]
definition [5-1400]
larcenysee Larceny
receiving stolen property [5-1400]–[5-1410]
steal from the person [5-1480]
Substantial impairmentsee Abnormality of mind
Summing-up
basis of acquittal not raised by counsel [7-040]
commencement [7-020]
evidence [7-000], [7-040]
final directions [7-030]
multiple defendants
commencement [7-020]
outline [7-000]
essential elements [7-040]
trial procedure [1-025]
Supply of prohibited drugssee also Possession
actual supply [5-1800]
jury direction [5-1810]
amount of drug [5-1800]
“Carey defence” [5-1800]
“commercial quantity” [5-1800], [5-1830]
jury direction [5-1830]
conspiracy to supply [5-220]
deemed supply [5-1800], [5-1840]
jury direction [5-1840]
drug exhibits, police procedures [5-1800]
knowingly take part in [5-1800]
“large commercial quantity” [5-1800], [5-1850]
jury direction [5-1850]
minors, supply to [5-1800]
ongoing supply [5-1800]
jury direction [5-1860]
substance not prohibited drug, where [5-1820]
jury direction [5-1820]
supply, definition [5-1800]
Support persons
children, for [1-368]
Commonwealth proceedings [1-370]
Suppression orderssee Non-publication orders
Supreme Court
jurisdiction
contemptsee Contempt

T

Tendency evidence
child sexual assault cases [4-225], [4-230]
jury direction [4-232]
coincidence evidence, distinguished [4-225]
concoction and contamination, issues of [4-225]
jury direction [4-227]
child sexual assault case [4-232]
notice, requirement to give [4-225]
overview [4-200], [4-225]
“pattern of conduct”, evidence exhibiting [4-225]
preconditions to admission [4-225]
prejudicial effect [4-225]
probative value and prejudicial effect [4-225]
standard of proof [4-225]
Terrorism
closed court proceedings [1-358]
Theft
break, enter and steal [5-100]–[5-110]
receiving stolen property [5-1400]–[5-1410]
Threats
assault with intent to rob [5-1470], [5-1490]
blackmailsee Extortion by threat
verbal assault [5-040]
Trial procedure
arraignment [1-005]
case in reply [1-015]
closing Crown case [1-015]
defence case [1-015]
indictment [1-005]
jurisdiction [1-005]
jury
empanelling [1-010]
nature of trial, explanation of [1-480], [1-490]
opening addresses [1-015]
outline [1-000]
pre-trial procedures [1-005]
pre-trial rulings [1-005]
trial process, explanation of [1-010]

U

Unfavourable witnesses
jury directions [4-255]
prior inconsistent statement [4-250]
Unfitness for trial
procedure [4-310], [4-332]-[4-332]
referral orders [4-320]
documentation required [4-330]
special hearing procedure [4-150]
unfitness [4-300]
Unlawful and dangerous act
manslaughter by [5-980]
jury direction [5-990]
reasonable person test [5-980]
Unlawfulness
negligence and [5-1300]
Utterances
falsesee False instruments

V

Vehicle offences
breaking into vehicles
possession of implements for [5-600]–[5-610]
dangerous drivingsee Dangerous driving
larceny [5-850]
driving with knowledge [5-900]
passengers [5-900]
taking and driving [5-850], [5-860]
taking for purpose of driving [5-870]
taking for purpose of obtaining reward for restoration [5-880], [5-890]
taking for purpose of secreting [5-880]
Verbal assault
nature of [5-040]
Verdicts
alternativesee Alternative verdicts
disagreement [8-050]
Commonwealth offences [8-060]
State offences [8-070]–[8-100]
guilty
Commonwealth offences [8-020]
State offences [8-030]
majority
suggested perseverance following disagreement [8-090]–[8-100]
summing-up, reference in [7-040]
not-guilty
Commonwealth offences [8-020]
State offences [8-030]
receipt of [8-020], [8-030]
unanimity required
Commonwealth offences [8-020], [8-060]
State offences [8-070]–[8-080]
Victim
age of
indecent assault [5-670]
under authority of offender
indecent assault [5-680], [5-690]
sexual intercourse [5-1700]
Video evidencesee also Audio visual evidence, Closed-Circuit Television (CCTV)
remote witness facilities, operational guidelines [1-384]
judicial officers [10-670]
legal representatives [10-675]
Sheriff/court officers [10-685]
support persons [10-690]
system setup checklist [10-680]
Viewssee Inspections
jury direction [4-345]
oaths and affirmations [1-615], [4-347]
example [1-615]
jury direction [4-345]
shower [4-347]
overview [4-335], [4-340]
right to attend [4-340]
shower
nomination [4-340]
oath or affirmation [4-347]
Violencesee also Domestic violence
assaultsee Assault
“battered woman syndrome” [6-170]
proceedings
out-of-court representations [1-372]
vulnerable persons, evidence by [1-362], [1-840]
Voluntary act
accused, by [4-350]
causing harm to victim [4-355]
nature of [4-360]
jury direction [4-365]
Vulnerable persons
evidence given by alternative means [1-362]
legislative provisions [1-360]
out-of-court representations [1-372]
recording, evidence in form of [1-374]
jury direction [1-376]

W

Witnesses
Aboriginal, cultural and linguistic factors [1-900]
calling
self-represented accused, advice to [1-820]
childsee Child witness
conflicting, case turns on [3-605]
cross-examinationsee Cross-examination
Crown case [1-015]
Crown decision not to call [4-370]–[4-377]
cultural and linguistic factors [1-900]
essential Crown [3-610], [3-615]
evidence compelled from [1-720]
expert evidence [2-1100]–[2-1110]
failure to call [2-1010]
complainant not called on retrial [4-377]
Crown witness [4-370]
defence witness [4-370]
explanation, failure to give [2-1020]
jury direction [4-377]
suggested comment [4-375]
Weissensteiner direction [2-1020], [2-1030]
government agency [1-362]
Indigenous, cultural and linguistic factors [1-900]
jury questions for [1-492]
motive to lie [3-625]
narrative form, evidence in [1-125]
“prescribed sexual offence” proceedings
protection
closed court [1-358]
self-represented accused, advice to [1-840], [1-850]
questioning
self-represented accused, advice to [1-820]
reasonably supposed to have been criminally concerned [4-380]–[4-397]
accused implicating another accused [4-397]
corroborative evidence not needed [4-387]
evidence not entirely adverse to accused [4-395]
self-incrimination, privilege against [1-705], [1-720]
certificate, granting [1-710]
certificates in other jurisdictions [1-710]
sexual offence [1-362]
unfavourable [4-250]
jury direction [4-255]
prior inconsistent statement by Crown witness [4-250]
unreliable [4-380]–[4-397]
“dangerous to convict” formulation, exceptional use of [4-390]
jury direction [4-392]
warnings to jury [2-110]

Y

Young offendersee Child accused