Criminal Trial Courts Bench Book

Index

[References are to paragraph numbers]

A

Aboriginal people
cultural and linguistic factors as witnesses, [1-900]
jury direction, [1-910]
Abusive behaviour towards intimate partners
coercive control, [5-2000], [5-2020]
jury direction, [5-2010]
Accessory
after the fact, [2-730]
before the fact, [2-710]
Accomplice
witness, as, [4-380], [4-385], [4-390], [4-392], [4-395]
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]
character of, [2-350]
cross-examination of, [1-343], [1-345]
election not to offer explanation, [2-1000]
evidence, failure to give or call
explanation, failure to give, [2-1020]
jury direction, [2-1010]
Weissensteiner direction, [2-1020], [2-1030]
fitness to stand trial
Commonwealth offences, [4-305], [4-306]
good character
jury direction, [2-370]
implicating another accused, [4-397]
joint trials, [3-350]
jury direction, [3-360]
lie, motive to, [3-625]
plea of, and alternative offences, [2-200]
self-represented — see Self-represented accused
silence, [2-1000], [4-100]
right to, [4-110], [4-130]
voluntary act, [2-300], [4-350]
jury direction, [4-365]
murder, [5-6300]
nature of, [4-360]
victim, causing harm to, [4-355]
Acquittal
basis raised by judge in summing-up, [7-040]
directed, [2-050]
jury direction, [2-060]
Addresses
closing, [1-015]
Crown, [1-020]
judge’s opening, [1-010]
opening, [1-015]
Admissibility
complaint in sexual cases, [5-000]
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
children’s champion, by, [1-600]
general, [1-600]
example, [1-600]
jurors, for, [1-610]
sheriff’s officer, for
upon sequestration of jury, [1-620]
views, [1-615]
jury direction, [4-345], [4-347]
Aggravated offences
dangerous driving, [5-5400], [5-5420]
indecent assault
jury direction, [5-630], [5-640]
sexual act
jury direction, [5-1240], [5-1250]
sexual intercourse without consent, [5-800], [5-840], [5-900]
company, in, [5-850]
multiple counts, [3-400]
sexual touching
jury direction, [5-1130], [5-1140]
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]
duty to leave, [2-205]
indecent assault, [5-660]
jury direction, [2-210]
jury, power of, [2-200]
manslaughter, in case of, [5-6270]
manslaughter, of, in trial for murder, [2-205], [5-6200], [5-6340]
offences other than murder, [2-205]
robbery, [5-6640]
Appeals
suppression and non-publication orders, [1-354]
Assault
apprehension of immediate and unlawful personal violence, [5-5010]
battery, [5-5010]
common, [5-5000]
definition, [5-5010]
examples, [5-5050]
hostile intent, [5-5010]
indecent — see Indecent assault
intent, [5-5010], [5-5040]
no physical force, [5-5010]
jury direction, [5-5020]
physical, [5-5010]
jury direction, [5-5030]
robbery with — see Robbery
sexual — see Sexual intercourse without consent
verbal, [5-5040]
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 evidence
CCTV, [1-362]
jury direction, [1-366]
Commonwealth proceedings, [1-366]
legislative provisions, [1-360]
link, evidence given by, [1-380]
government agency, [1-362]
jury directions and warnings, [1-382]
jury directions and warnings, Commonwealth offences, [1-382]
out-of-court representations, [1-372]
recording, evidence in form of
jury direction, [1-376]
pre-recorded interview by witness, [1-378]
warning, [1-374]
sexual offence witnesses, [1-362]
warning to jury, [1-364]
Automatism
elements of defence, [6-050]
sane, [6-060]

B

Background evidence — see Evidence
Battery — see Assault
Blackmail — see Extortion by threat
Break and enter — see Break, enter and steal; Larceny
Break, enter and steal
breaking, what amounts to, [5-5110]
building, definition, [5-5110]
dwelling-house, definition, [5-5110]
implements for, possession of, [5-6000], [5-6010]
jury direction, [5-5100], [5-5110]
knowledge of person in place of offence, [5-5110]
Bribery
jury direction, [5-5210], [5-5220]
nature of offence, [5-5200]
Burden and standard of proof — see Onus and standard of proof

C

Causation
jury direction, [2-310]
murder, [2-305]
negligence, [5-6400]
grievous bodily harm, [5-6410]
overview, [2-300], [2-305]
Character
bad
jury direction, [2-430]
co-accused
jury direction, [2-410]
credibility and, [2-370]
good
jury direction, [2-370]
jury direction, character not contested, [2-370]
jury directions, character contested by Crown, [2-390]
legislative provisions, [2-350]
propensity and credibility, relationship between, [2-350]
self-represented accused, [1-820]
Child
accused — see Child accused
closed court/non-publication orders, [1-150]
definition, [1-100]
maintain sexual relationship with
alternative verdicts, [5-710]
defence, [5-730]
jury direction, [5-720]
pre-existing relationship, [5-730]
prescribed sexual offence, [5-730]
pre-trial procedure, [5-710]
tendency directions, [5-710]
unlawful sexual act, definition, [5-700]
unlawful sexual relationship, [5-730]
reliability, issue of, [1-122], [1-140]
sexual act involving a, [5-1270]
filmed, [5-1280]
jury direction, [5-1260]
sexual touching of, [5-1160]
jury direction, [5-1150]
specialised knowledge about, [1-122]
support person, right to, [1-368]
Commonwealth proceedings, [1-370]
witness — see Child witness
Child accused
child, definition, [1-100]
closed court, [1-358]
understanding proceedings, [1-180]
Child sexual assault
tendency evidence, [4-225], [4-230]
Child sexual offence proceedings
pre-recorded evidence, [5-400], [5-410]
jury direction, [5-420]
requirements, [5-410]
Child witness
child, definition, [1-100]
closed court/non-publication orders, [1-150]
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]
non-publication order, [1-359]
self-represented accused, examination by, [1-160]
specialised knowledge, use of, [1-122]
Circumstantial evidence — see Evidence
Closed court
children, proceedings against, [1-358]
complainants, protection of, [1-358]
court, powers of, [1-349]
necessity, test of, [1-354]
open justice, principle of, [1-350]
sexual offence proceedings, [1-358]
statutory provisions, [1-358]
terrorism proceedings, [1-358]
witness protection, [1-358]
Closed-Circuit Television (CCTV) — see Audio visual evidence
Co-accused
character
jury direction, [2-410]
Coercive control — see Abusive behaviour towards intimate partners
Cognitive impairment — see Mental health impairment or cognitive impairment
sexual intercourse offences — see Sexual intercourse
Coincidence evidence
admissibility, [4-235]
jury direction
circumstantial case, [4-237]
joinder of counts of different complainants, [4-240]
overview, [4-200]
Common purpose — see Complicity
Commonwealth offences
audio visual link, evidence given by, [1-380]
complicity, [11-010]
criminal responsibility, [11-010]
fitness to stand trial, [4-305]
guilt, establishing, [11-010]
intention, [11-010]
judge-alone trial, [1-075]
jury, return of, [8-020]
knowledge, [11-010]
mistake of fact, [11-010]
negligence, [11-010]
summing-up, [7-020]
verdict, disagreement over, [8-060]
verdict, receipt of, [8-020]
Competence
child witness — see Child witness
definition, [1-105]
presumption of, [1-110]
specialised knowledge, use of, [1-122]
statutory provisions, [1-110]
sworn evidence, [1-115]
unsworn evidence, [1-118]
jury direction, [1-120]
vulnerable person, [1-372]
Complaint
admissibility, [5-000]
jury direction, [5-020]
complainant's account, difference in, [5-045]
jury direction, [5-050]
delay, [5-060], [5-070]
forensic disadvantage, [5-070], [5-080]
jury direction, [5-055], [5-080]
evidence, [5-000]
witness able to give, where, [5-010]
witness not available, where, [5-030]
jury direction
delay, [5-055], [5-080]
witness able to give evidence, [5-010]
witness not available, [5-030]
prior consistent statement, [5-040]
re-establish credibility
jury direction, [5-020]
sexual cases, in
admissibility, [5-000]
Complicity
accessorial liability
accessory after the fact, [2-730]
accessory at the fact, [2-720]
accessory before the fact, [2-710]
aider and abettor
jury direction, [2-720]
common purpose
jury direction, [2-760]
joint criminal liability, [2-740]
constructive murder, [2-770]
extended, [2-760]
jury direction, [2-750]
withdrawal from, [2-790]
nature of, [2-700]
Consciousness of guilt
alternative charges, [2-953]
evidence, lies as
limitation, [2-970]
flight, [2-960]
lies as evidence, [2-955]
jury direction, [2-965]
post-offence conduct as evidence of, [2-953]
Consent
indecent assault, [5-620]
jury direction, [5-610]
kidnapping, [5-6800]
larceny, [5-6105]
motor vehicles, [5-6155], [5-6160]
robbery, [5-6600]
sexual act, [5-1230]
jury direction from 1 June 2022, [5-1220]
jury direction until 31 May 2022, [5-1210]
sexual assault trials, [5-200]
jury direction, [5-230]
procedure, [5-220]
statutory framework, [5-210]
sexual intercourse without, [5-800], [5-820], [5-900], [5-910]
proof of absence of consent, [5-810], [5-920]
recklessness, [5-800], [5-810], [5-820], [5-830], [5-900], [5-910], [5-920]
sexual touching, [5-1120]
jury direction from 1 June 2022, [5-1115]
jury direction until 31 May 2022, [5-1110]
Conspiracy
agreement, interpretation, [5-5310]
evidence, separation of, [5-5320]
jury direction, [5-5310], [5-5320]
offence, nature of, [5-5300], [5-5320]
reasonable participation, evidence of, [5-5320]
Contempt
adjournment for defence to charge of, [1-290]
alternative methods of dealing with, [1-255]
charge, oral, [1-285]
court orders, disobedience of, [1-250]
court, scandalising the, [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]
proceedings, commencement of, [1-260]
publication, by, [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]
procedure, 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]
Costs
jurisdiction to award
suppression orders, [1-349]
Counsel
identification of legal issues by judge, [7-040]
rule in Browne v Dunn, overlooking, [7-040]
Credibility
character, [2-370]
accused, cross-examination of, [1-343], [1-345]
Criminal negligence
manslaughter by, [5-6250]
jury direction, [5-6260]
Criminal proceedings
accused, cross-examination of, [1-343], [1-345]
judge-alone trial
application for, [1-055]
bias, apprehension of, [1-070]
Commonwealth offences, [1-075]
interests of justice, factors relevant to, [1-050]
orders, [1-050]
practical considerations, [1-080]
procedural fairness, [1-065]
verdict of a single judge, [1-060]
Criminal responsibility
automatism, [6-050]
self-defence, [6-450]
Cross-examination
accused, of, [1-343], [1-345]
good character, regarding, [2-350]
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, [5-100]
exclusions, [5-110]
unfavourable witness, [4-250]
witness, discrediting own, [4-250]

D

Dangerous driving
aggravation, [5-5400], [5-5420]
death, occasioning
jury direction, [5-5420]
drive, definition, [5-5410]
driver, meaning of, [5-5420]
grievous bodily harm causing
jury direction, [5-5420]
grievous bodily harm, definition, [5-5410]
honest and reasonable belief defence
onset of sleep, [5-5420]
vehicle, mechanical defect in, [5-5420]
intoxication, [5-5400], [5-5420]
jury direction, [5-5420]
knowledge and, [5-5410]
mechanical defect, management and control over, [5-5420]
medical condition, [5-5420]
honest and reasonable belief defence, [5-5420]
momentary lapse of attention, [5-5420]
nature of offence, [5-5400]
occasioning, [5-5410]
strict liability, [5-5410], [5-5420]
under the influence, interpretation, [5-5420]
vehicle, [5-5420]
Defence counsel
onus and standard of proof
defence has no onus, [3-600]
defence has onus, [3-630]
Defences
alibi, [6-000]
automatism, [6-050]
battered woman syndrome, [6-170]
claim of right
larceny, [5-6105], [5-6110]
robbery, [5-6610]
duress, [6-150]
honest and reasonable belief
dangerous driving offences, [5-5420]
mental health impairment or cognitive impairment, [6-200], [6-230], [6-240]
fast track determination, [6-260]
jury, mandatory information for, [6-250]
verdict, [6-270]
necessity, [6-350]
restore, intent to, [5-6115]
self-defence, [6-450]
jury direction, [6-455]
jury direction, cases other than murder, [6-460]
jury, raising or leaving with, [6-452]
substantial impairment because of mental health impairment or cognitive impairment, [6-550]
summing-up, [7-000]
Defraud
conspiracy to, [5-5320]
intent to, [5-5500]–[5-5520]
jury direction, [5-5510]
Demonstrations — see Views
Diminished responsibility
cognitive impairment, interpretation, [6-550]
mental health impairment, interpretation, [6-550]
substantial impairment, interpretation, [6-580]
Directions
abusive behaviour towards intimate partners, [5-2010]
accessorial liability
accessory after the fact, [2-730]
accessory before the fact, [2-710]
aider and abettor, [2-720]
accusatory statements in presence of accused, [2-010]
accused
accusatory statements in presence of, [2-010]
bad character of, [2-430]
character of contested, [2-390]
character of not contested, [2-370]
evidence, not given or called, [2-1010]
failure to offer explanation, [2-1020], [2-1030]
silence by, [2-1010]
acquittal, [2-060]
admissions, [2-130]
aggravated sexual touching, [5-1130]
aider and abettor, [2-720]
alibi, [6-000], [6-010]
alternative verdicts, [2-210]
assault
no physical force, [5-5020]
physical force, [5-5030]
robbery with, [5-6620]
sexual — see Sexual intercourse without consent
attempt, [2-270]
automatism
sane, [6-060]
Azzopardi direction: accused has not given or called evidence, [2-1010]
background evidence, [4-222]
bad character of accused, [2-430]
Black direction: jury not reaching agreement, asked to persevere, [8-060]
break, enter and steal, [5-5100], [5-5110]
bribery, [5-5200]–[5-5220]
causation, [2-310]
CCTV, use of, [1-366]
character of accused
contested by Crown, [2-390]
not contested, [2-370]
character of co-accused, [2-410]
child sexual offence proceedings
pre-recorded evidence, [5-420]
child witness
unsworn evidence, [1-120]
warnings about evidence, [1-135]
child, maintain sexual relationship with, [5-720]
circumstantial evidence, [2-520], [2-530]
co-accused, character of, [2-410]
cognitive impairment, [6-290]
coincidence evidence, [4-237], [4-240]
Commonwealth offences
verdict, disagreement over, [8-060]
complainant's account, difference in, [5-050]
complaint evidence, [5-020]
delay, [5-055], [5-080]
witness able to give evidence, [5-010]
witness not available, [5-030]
complicity, [2-750], [2-760]
consent, misconceptions about in sexual assault trials, [5-200]
conspiracy, [5-5310], [5-5320]
constructive murder, [5-6330]
joint criminal enterprise, [2-770]
context evidence, [4-215]
dangerous driving, [5-5420]
defraud, intent to, [5-5510]
delay in proceedings and forensic disadvantage to accused, [5-070]
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]
evidence
background, [4-222]
circumstantial, [2-520], [2-530]
expert evidence, [2-1130]
specialised knowledge of child behaviour, [5-310]
extortion by threat, [5-5610]
extreme provocation, [6-442]
false instruments, [5-5710], [5-5720]
false or misleading statements, [5-5820], [5-5840]
fraud
dishonestly causing financial disadvantage, [5-5935]
dishonestly obtaining financial advantage, [5-5930]
dishonestly obtaining property, [5-5925]
false or misleading statements, [5-5965], [5-5970], [5-5985]
records, concealment of, [5-5945]–[5-5955]
records, destruction of, [5-5945]–[5-5955]
good character contested, [2-390]
good character not contested, [2-370]
grievous bodily harm
negligent act, by, [5-6410]
unlawful act, by, [5-6430]
house, safe or conveyance breaking implements
possession of, [5-6000], [5-6010]
identification evidence, [3-050]
indecent assault, [5-610]
aggravating circumstances, [5-630], [5-640]
alternative verdict sought, [5-660]
inferences, [3-150]
intention, [3-210]
intoxication
self-defence, [6-480], [6-490]
specific intent, [3-255]
joint criminal enterprise, [2-750], [2-760]
withdrawal from, [2-790]
joint trials, [3-360]
Jovanovic direction: no onus on accused to prove complainant has motive to lie, [3-625]
juror, following discharge of, [1-515]
kidnapping, [5-6810]–[5-6830]
aggravated offence, [5-6820], [5-6830]
larceny, [5-6105], [5-6125]–[5-6145]
defence, intent to restore, [5-6115]
motor vehicles, [5-6155], [5-6160], [5-6165], [5-6170], [5-6175]
Liberato direction: prohibition on preferring evidence of one witness over another, [3-605]
lies, [2-965]
use, limiting, [2-970]
Longman direction: delay in proceedings and forensic disadvantage to accused, [5-070]
Mahmood direction: expected Crown witnesses not called, [4-370]
majority verdicts
State offences, [8-090]
manslaughter
criminal negligence, [5-6260]
unlawful and dangerous act, [5-6240]
Markuleski direction: doubt about witness’ evidence on one count relevant to other counts, [3-400]
mental health impairment or cognitive impairment, [6-570]
cognitive impairment, [6-290]
defence of, [6-280]
multiple counts, separate consideration of, [3-400]
murder
constructive, [5-6330]
extreme provocation, [6-442]
mental element of, [5-6310]
provocation, [6-420]
reckless indifference, [5-6310]
self-defence, [6-465]
Murray direction: essential Crown witness, evidence of, to be scrutinised with care, [3-610]
negligence
negligent act, causing harm by, [5-6410]
unlawful act, causing harm by, [5-6430]
onus and standard of proof, [3-600]
conflicting witnesses, case turns on, [3-605]
defence has onus, [3-630]
essential Crown witness, evidence of, to be scrutinised with care, [3-610]
no onus on accused to prove complainant has motive to lie, [3-625]
opening of trial, at
oral, [1-490]
written, [1-480]
perseverance
State offences, [8-070]
possession, [3-700], [3-710]
possession, recent, [4-000]
alternative charge, no, [4-060]
conflicting explanations, [4-030]
recency, [4-050]
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, [5-6510]
recent possession, [4-000]
alternative charge, no, [4-060]
conflicting explanations, [4-030]
recency, [4-050]
recklessness before the repeal of malice, [4-085]
recklessness following the Crimes Amendment (Reckless Infliction of Harm) Act 2012, [4-097]
recklessness where Blackwell v R applies, [4-092]
recording, evidence in form of, [1-376]
robbery, [5-6610]
assault with intent to rob, [5-6620]
self-defence, [6-455]
murder cases, [6-465]
murder, cases other than, [6-460]
self-represented accused
intermediary, use of, [1-880]
sexual act
aggravating circumstances, [5-1240], [5-1250]
of child, [5-1260], [5-1270]
of child which is filmed, [5-1280]
sexual act from 1 June 2022, [5-1220]
sexual act until 31 May 2022, [5-1210]
sexual assault trials
consent, [5-230], [5-240]
sexual intercourse
cognitive impairment, with person with, [5-1020], [5-1030]
intellectual disability, with person with an, [5-1050], [5-1060]
sexual intercourse without consent, [5-800], [5-900]
aggravation, [5-840]
recklessness, [5-800], [5-820], [5-900], [5-910]
sexual touching, [5-1110], [5-1115]
aggravating circumstances, [5-1140]
child, of, [5-1150], [5-1160]
silence by accused, [2-1010]
right to, [4-110]
special hearings
mental health impairment or cognitive impairment, [4-331]
substantial impairment because of mental health impairment or cognitive impairment, [6-570], [6-580]
summing-up
final directions, [7-030]
jury direction, [7-020]
multiple defendants, [7-020]
supply of prohibited drugs
actual supply, [5-6710]
commercial quantity, [5-6730]
deemed supply, [5-6740]
large commercial quantity, [5-6750]
ongoing, [5-6760]
substance not prohibited drug, where, [5-6720]
support person, presence of, [1-370]
tendency evidence, [4-227]
transcripts, use of, [1-530]
unfavourable witnesses, [4-255]
unreliable evidence, [3-760]
dangerous to convict formulation, exceptional use of, [4-392]
unsworn evidence, [1-120]
verdict, disagreement over, [8-050]
Commonwealth offences, [8-060]
views, [4-345]
visual identification evidence, [3-050]
voice identification evidence, [3-120]
voluntary act, [4-360], [4-365]
Weissensteiner direction: failure of accused to offer explanation, [2-1020], [2-1030]
witness reasonably supposed to have been criminally concerned
evidence not entirely adverse to accused, [4-395]
witness, accomplice as, [4-385]
witnesses
not called by Crown, [4-377]
unfavourable, [4-255]
writing, in, [1-535]
written, at opening of trial, [1-480]
Dishonesty, [5-5700] — see also Fraud
defraud, intent to, [5-5500]–[5-5520]
false instruments, [5-5700]–[5-5720]
false or misleading statements, [5-5800]–[5-5850], [5-5960]
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-publication — see Non-publication orders
Domestic violence
abusive behaviour towards intimate partners
coercive control, [5-2000]
jury direction, [5-2010]
complainant
definition, [1-372]
evidence by, [1-360], [1-372]
complainants, evidence by, [1-360]
domestic violence offence, definition, [1-372]
evidence, CCTV, [1-360]
recorded statement, definition, [1-372]
Driving offences
dangerous — see Dangerous driving
Drug offences
dangerous driving, [5-5400]
under the influence, interpretation, [5-5420]
exhibits, police procedures, [5-6700]
supply — see Supply of prohibited drugs
Duress
battered woman syndrome, [6-170]
defence, nature of, [6-150]
jury direction, [6-160]
limitations, [6-170]
necessity and, [6-350]

E

Evidence
accused, silence by, [2-1000], [4-100]
admissions — see Admissions
audio visual link, given by, [1-380]
background, [4-200], [4-220]
jury direction, [4-222]
relationship evidence, [4-220]
transactional evidence, [4-220]
CCTV, [1-362]
child witness — see Child witness
circumstantial
adverse conclusion, particular facts essential to, [2-520]
direct evidence, contract with, [2-510]
exclusion of all possible hypotheses consistent with innocence, [2-500]
guilt beyond reasonable doubt, [2-500]
intermediate facts, [2-510]
link in the chain cases, [2-510]
link in the chain cases, jury direction, [2-530]
reliance upon, [2-500]
reliance upon, jury direction, [2-520], [2-530]
Shepherd direction, [2-510], [2-520]
strands in a cable cases, jury direction, [2-520]
coincidence, [4-200], [4-235]
jury direction, [4-237], [4-240]
overview, [4-200]
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]
cross-examination — see Cross-examination
Crown case, witnesses, [1-015]
directions, [1-015]
domestic violence complainants, by, [1-360], [1-372]
exculpatory, [1-015]
expert — see Expert evidence
failure to give or call
explanation, failure to give, [2-1020]
Weissensteiner direction, [2-1020], [2-1030]
give or call, failure to, [2-1010]
identification — see Identification evidence
implicating another accused, [4-397]
inferences
jury direction, [3-150]
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]
pre-recorded
child sexual offence proceedings, [5-420]
recording, evidence in form of
jury direction, [1-376]
pre-recorded interview by witness, [1-378]
recorded statement, definition, [1-372]
warning, [1-374]
self-represented accused, advice to, [1-820]
silence by accused, [2-1000], [4-100]
summing-up, [7-000], [7-040]
tendency — see Tendency evidence
transactional evidence
warning to jury, [4-220]
unreliable
dangerous to convict formulation, exceptional use of, [4-390]
dangerous to convict formulation, exceptional use of, 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]
Expert evidence
admissibility, [2-1100]
child behaviour, [5-300]
cross-examination, [2-1140]
facts or assumptions, conflict as to, [2-1130]
fingerprints, [2-1130]
jury
clarification for, [1-494]
role of, [2-1100]
jury direction, [2-1130]
no challenge to, [2-1130]
opinions, conflicting, [2-1130]
police, [2-1140]
sexual abuse of children, [2-1130], [5-300]
specialised knowledge, [5-300]
statements by accused, reliance upon, [2-1130]
statements by others, reliance upon, [2-1130]
Extortion by threat
Crimes Act 1900, under, [5-5610]
intention, communication of, [5-5620]
offence, elements of, [5-5610]
threat, nature of, [5-5600]
Extreme provocation — see Provocation

F

False instruments
acts or omissions, [5-5700]
forging, previous offence of, [5-5700]
jury direction, [5-5710], [5-5720]
making, [5-5710]
using, [5-5720]
utterances, previous offence of, [5-5700]
False or misleading statements
deception, definition, [5-5810]
financial advantage, gaining, [5-5810]
fraud, [5-5800]
intent, [5-5820], [5-5830]
knowledge, [5-5840]
larceny and, [5-5800]
money, definition, [5-5810]
multiple particulars, [5-5850]
publish, interpretation of, [5-5830], [5-5840]
purpose, [5-5840]
reckless disregard, [5-5820], [5-5830]
valuable thing, definition, [5-5810]
Forgery
false instruments — see False instruments
Fraud
deception, definition, [5-5910]
dishonestly causing financial disadvantage
jury direction, [5-5935]
dishonestly obtaining financial advantage
jury direction, [5-5930]
dishonestly obtaining financial advantage, definition, [5-5910]
dishonestly obtaining property
jury direction, [5-5925]
dishonestly obtaining property, definition, [5-5910]
dishonesty, definition, [5-5910]
false or misleading statements, [5-5800], [5-5960]
causing financial disadvantage, [5-5970]
intention to deceive, [5-5980], [5-5985]
jury direction, [5-5965], [5-5970], [5-5985]
obtaining financial advantage by, [5-5970]
obtaining property by, [5-5965]
officer of corporation, [5-5980], [5-5985]
nature of offence, [5-5900]
offence, elements of
identified person, [5-5920]
recklessness, definition, [5-5910]
records, concealment of, [5-5940]
intent to cause financial disadvantage, [5-5955]
intent to obtain financial advantage, [5-5950]
intent to obtain property, [5-5945]
jury direction, [5-5945]–[5-5955]
records, destruction of, [5-5940]
intent to cause financial disadvantage, [5-5955]
intent to obtain financial advantage, [5-5950]
intent to obtain property, [5-5945]
jury direction, [5-5945]–[5-5955]

G

Grievous bodily harm
constitutional defect, victim had, [5-6410]
dangerous driving causing, [5-5400]
jury direction, [5-5420]
definition, [5-5410]
negligence and, [5-6400]
negligent act, causing harm by, [5-6410]
omission to act, causing harm by, [5-6420]
unlawful act, causing harm by, [5-6430]
unlawful omission, causing harm by, [5-6440]
Guilt
consciousness of — see Consciousness of guilt

H

Hearsay
complaint in sexual cases — see Complaint

I

Identification evidence
admissibility, [3-005]
descriptive evidence, [3-010]
in-court identification, [3-010]
objects, identification of, [3-035]
opinion evidence, [3-010]
picture identification evidence, [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]
admissibility, [3-100]
jury direction, [3-120]
warnings to jury, [3-110]
Indecent assault
act committed in the presence of, [5-610]
aggravation, circumstances of, [5-630], [5-640]
alternative verdict sought, [5-660]
assault sexually equivocal, [5-610]
company, in, [5-630], [5-640]
consent, [5-610]
recklessness as to, [5-610]
elements of offence, [5-600]
basic offence, [5-620]
intoxication, [5-610], [5-620]
no aggravating circumstances, jury direction, [5-610]
serious intellectual disability, interpretation, [5-630], [5-640]
sexual assault — see Sexual intercourse without consent
timing, [5-610]
touching, no, [5-610]
victim under authority of offender, [5-630], [5-640]
Indigenous people
cultural and linguistic factors as witnesses, [1-900]
jury direction, [1-910]
Inferences
conspiracy, [5-5310]
definition, [3-150]
jury direction, [3-150]
recent possession, [4-000]
unfavourable, fact not mentioned at time of questioning, [4-100]
Informers
prison — see Prison informers
Intention
assault, [5-5010], [5-5040]
attempt and, [2-270]
conspiracy, [5-5300]
defraud, to, [5-5500]–[5-5520]
dishonestly obtaining by deception, [5-5820], [5-5830]
elaboration by judge, [3-220]
extortion by threat, [5-5620]
false instruments, [5-5710]
hostile, [5-5010]
jury direction, [3-210], [3-220]
larceny, [5-6105]
methods of determining, [3-210]
murder, [5-6310]
not an objective test, [3-200]
possession of house, safe, conveyance breaking implements, [5-6010]
sexual intercourse
cognitive impairment, person with, [5-1020], [5-1030]
intellectual disability, person with, [5-1040]–[5-1060]
specific
basic, distinguished, [3-250]
jury direction, [3-255]
Intercourse — see Sexual intercourse
Intoxication
Crimes Act 1900, under, [3-250]
dangerous driving, [5-5400], [5-5420]
indecent assault, [5-620]
jury direction
specific intent, [3-255]
offences of specific and basic intent, distinguished, [3-250]
reckless indifference, [3-250]
self-defence, [6-470]
jury direction, [6-480], [6-490]
self-induced and non-self-induced, [3-250], [6-550]
sexual act, [5-1230]
sexual intercourse without consent, [5-800], [5-900]
sexual touching, [5-1120]
under the influence, distinguished, [5-5420]
voluntariness and, [3-250]

J

Joint criminal enterprise — see Complicity
Joint trials
jury direction, [3-360]
nature of, [3-350]
summing-up, [7-000]
Judge
jury, disclosure of communication with, [8-000]
opening address to jury, [1-010]
opinion, expressing, [7-040]
self-represented accused, duty to, [1-810]
summing-up — see Summing-up
Judge-alone trial
additional resources, [1-080]
application for, [1-055]
bias, apprehension of, [1-070]
Commonwealth offences, [1-075]
interests of justice, factors relevant to, [1-050]
orders, [1-050]
procedural fairness, [1-065]
procedure, Judge-alone trials
verdict of a single judge, [1-060]
Jurisdiction
contempt
District Court, [1-253]
Supreme Court, [1-253]
trial court, [1-005]
Jurors
affirmations, for, [1-610]
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]
directed verdict juries, [1-545]
directions in writing, [1-535]
discharge, [1-015], [8-020]
adverse media publicity, following, [1-450]
continuing with remaining jurors, following, [1-510]
decision, reasons for, [1-505]
illness, infirmity or incapacitation, [1-505]
individual jurors, [1-505]
jury direction, [1-515]
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]
oaths, for, [1-610]
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]
verdict juries, [1-540]
written directions for opening of trial, [1-480]
Jury
advice to, [1-490]
legal argument, nature of, [1-490]
audio visual evidence
warning, [1-364]
booklet, [1-475]
challenge, right to, [1-460]
self-represented accused, advice to, [1-830]
deliberation, time spent in, [8-100]
directed verdict juries, [1-545]
directions — see Directions
disagreement, [8-050]
Commonwealth offences, [8-060]
State offences, [8-070]
unanimity verdicts, [8-060]
discharge, [1-510]
adverse media publicity, following, [1-450]
whole jury, of, [1-520]
disclosure of communication with judge, [8-000]
DVD, [1-475]
empanelling, [1-010]
adjournment following, [1-010]
instructions to jury, [1-490]
self-represented accused, advice to, [1-820]
self-represented accused, challenge by, [1-830]
expert evidence, clarification about, [1-494]
foreperson
role, [1-480]
selection of, [1-490]
identification evidence, accepting
aural evidence, [3-110]
visual evidence, [3-050]
initial remarks to, [1-480], [1-490]
introduction to proceedings, [1-490]
jurors — see Jurors
majority verdicts, [8-070], [8-080]
disagreement, suggested perseverance following, [8-070]
State offences, [8-090]
summing-up, reference in, [7-040]
opening to, [1-470]
written directions, [1-480]
questions for witnesses, [1-492]
requests, [8-000]
role of, [1-480]
State offences, [8-030]
unanimity verdicts
Commonwealth offences, [8-020]
State offences, [8-070], [8-080]
unanswered questions, [8-000]
verdict juries, [1-540]
verdict, further directions prior to delivery of, [8-010]
voting numbers, disclosure of, [8-100]
witnesses, questions for, [1-492]
Jury directions — see Directions

K

Kidnapping
advantage, detaining for, [5-6800]
jury direction, [5-6810]–[5-6830]
advertent and inadvertent, [5-6800]
aggravated offence
jury direction, [5-6820], [5-6830]
consent of victim, presumption of absence of, [5-6800]
consent of victim, recklessness as to, [5-6800]
offences, current forms of, [5-6800]
ransom, holding for, [5-6800]
Knowledge
conspiracy, element of, [5-5310]
dangerous driving and, [5-5410]
receiving stolen property, [5-6500], [5-6510]
sexual intercourse
cognitive impairment, person with, [5-1020], [5-1030]
intellectual disability, person with, [5-1040]–[5-1060]

L

Larceny
claim of right defence, [5-6105], [5-6110]
consent, [5-6105]
motor vehicles, [5-6155], [5-6160]
defence, intent to restore, [5-6115]
dishonesty, requirement of, [5-6105]
guilty verdict, [5-6130]
intent to permanently deprive, [5-6105]
motor vehicles, [5-6150]
driving with knowledge, [5-6175]
passengers, [5-6175]
taking and driving, [5-6150], [5-6155]
taking for purpose of driving, [5-6160]
taking for purpose of obtaining reward for restoration, [5-6165], [5-6170]
taking for purpose of secreting, [5-6165]
obtaining by false pretences, distinguished, [5-5800]
ownership of property, [5-6105]
motor vehicle, [5-6155]
receiving, [5-6120]
verdict, [5-6135]
robbery — see Robbery
special verdict, [5-6125], [5-6140]
taken away, requirement to be, [5-6105]
verdict, questions relating to, [5-6145]
Lies
credit, limiting use to, [2-970]
guilt, consciousness of, [2-955]
jury direction, [2-965]
lie, motive to
accused, [3-625]
Crown witness, [3-625]

M

Maintain unlawful sexual relationship with child — see Child
Majority verdicts — see Verdicts
Malice — see Recklessness
Manslaughter
act of accused caused death, [5-6220]
alternative verdicts
manslaughter, alternative verdicts to, [5-6270]
murder, alternative to, [2-205], [5-6200], [5-6340]
categories of, [5-6200]
criminal negligence, by, [5-6210], [5-6250]
jury direction, [5-6260]
extreme provocation, [6-400]
jury, leave to, [6-410]
intoxication, [3-250]
involuntary, [5-6200], [5-6210]
maximum penalty, [5-6200]
murder, alternative to, [5-6240], [5-6340]
negligence, [5-6400]
provocation, [5-6200], [6-400]
jury, leave to, [6-410]
substantial impairment because of mental health impairment or cognitive impairment, [6-580]
substantial impairment by abnormality of mind, [5-6200]
unlawful and dangerous act, by, [5-6210], [5-6230]
jury direction, [5-6240]
reasonable person test, [5-6230]
voluntary, [5-6200]
Mens rea
intoxication, [3-250]
negligence, [5-6400]
Mental health impairment or cognitive impairment
cognitive impairment
jury direction, [6-290]
cognitive impairment, a person with
sexual intercourse with, [5-1000]
cognitive impairment, definition, [4-304]
Commonwealth offences
fitness to stand trial, [4-305]
defence of, [6-200], [6-230]
jury direction, [6-280], [6-290]
defence, rationale behind, [6-580]
diminished responsibility, [6-550]
directions
written, [6-570]
disorders, list of, [4-304]
evidence of, [6-240]
fast track determination, [6-260]
fitness to stand trial, [4-300]
application, [4-302]
extension orders, [4-330]
Mental Health Review Tribunal, [4-325], [4-327]
procedures, [4-306], [4-310], [4-320]
special hearings, [4-315]
special hearings, jury direction, [4-331]
interpretation, [6-550], [6-580]
judge-alone trial, [1-060]
jury direction
oral, [6-580]
jury, mandatory information for, [6-250]
mental health impairment, definition, [4-304]
murder reduced to manslaughter, [6-580]
onus and burden of proof, [6-550]
self-induced intoxication, [6-550]
sequence of determination of issues, [6-220]
substances use disorder, [4-304]
substantial impairment, [6-550]
temporary effect of substances, [4-304]
transitional provisions, [6-210]
verdict, [6-270]
Mental illness — see Mental health impairment or cognitive impairment
Motor vehicles — see Vehicle offences
Multiple charges
advice to jury, [1-490]
Murder
accessorial liability, [5-6300]
alternative verdict of manslaughter, [2-205], [5-6200]
causation, [2-305], [5-6300]
constructive, [5-6320]
joint criminal enterprise, [2-770]
jury direction, [5-6330]
definition, [5-6300]
extended common purpose, [5-6300]
extreme provocation, [6-400], [6-444]
jury direction, [6-440], [6-442]
jury, leave to, [6-410]
felony murder, [5-6320]
intention
jury direction, [5-6310]
intoxication, [3-250], [5-6300]
joint criminal enterprise, [5-6300]
malice, [5-6300]
manslaughter — see Manslaughter
manslaughter, alternative verdict of, [5-6340]
mental element
jury direction, [5-6310]
mental health impairment or cognitive impairment, partial defence, [6-580]
provocation, [5-6300], [6-400], [6-430]
jury direction, [6-420]
jury, leave to, [6-410]
reckless indifference
jury direction, [5-6310]
reckless indifference to human life, [5-6300]
self-defence, [5-6300]
jury direction, [6-465]
self-killing, [5-6300]
substantial impairment by abnormality of mind, [5-6300]
voluntary act of accused, [5-6300]

N

Necessity
common law defence, [6-350]
duress and, [6-350]
Negligence
causation, [5-6400]
criminal, [5-6400]
manslaughter and, [5-6200], [5-6400]
grievous bodily harm, [5-6400]
negligent act, by, [5-6410]
omission to act, by, [5-6420]
unlawful act, by, [5-6430]
unlawful omission, by, [5-6440]
unlawful, [5-6400]
Non-publication orders
appeals, [1-354]
checklist, Checklist for suppression orders
child witness, [1-359]
children, [1-150]
closed courts — see Closed court
common law, under, [1-352]
content, [1-354]
costs, [1-349]
grounds for, [1-354]
make, power to, [1-352]
suppression orders, [1-349], [1-350]
making, basis for, [1-354]
open justice, principle, [1-350]
review, [1-354]
statutory provisions, [1-356]
self-executing provisions, [1-359]
take-down orders, [1-354]
terms, [1-354]
vulnerable adult complainant, [1-359]

O

Oaths
children’s champion, by, [1-600]
general, [1-600]
example, [1-600]
jurors, for, [1-610]
Koran, procedure for administering upon, [1-605]
sheriff’s officer, for
upon sequestration of jury, [1-620]
views, [1-615]
jury direction, [4-347]
Offences, [11-010] — see also Commonwealth offences
abusive behaviour towards intimate partners
coercive control, [5-2000]
alternative verdicts, [2-200]
assault, [5-5000]
indecent, [5-600]
blackmail, [5-5600]
break, enter and steal, [5-5100]
implements for, possession of, [5-6000]
bribery, [5-5200]
conspiracy, [5-5300]
dangerous driving, [5-5400]
defraud, intent to, [5-5500]
drug — see Supply of prohibited drugs
extortion by threat, [5-5600]
false instruments, [5-5700]
false or misleading statements, [5-5800]
indecent assault, [5-600]
indictment, [1-005]
larceny, [5-6100]
manslaughter, [5-6200]
negligence, [5-6400]
possession
implements of crime, [5-6000]
receiving stolen property, [5-6500]
receiving, [5-6500]
robbery, [5-6600]
sexual act, [5-1200]
sexual intercourse
cognitive impairment, [5-1000]
sexual intercourse without consent, [5-800], [5-900]
sexual touching, [5-1100]
stealing
implements for, possession of, [5-6000]
summing-up, [7-000]
supply of prohibited drug, [5-6700]
deemed supply, [5-6700]
theft
implements for, possession of, [5-6000]
Omission
negligence by — see Negligence
Onus and standard of proof
abnormality of mind, [6-550]
beyond reasonable doubt, [3-600], [3-610], [4-226]
conflicting witnesses, case turns on, [3-605]
jury direction
defence has no onus, [3-600]
defence has onus, [3-630]
essential Crown witness, [3-610], [3-615]
Liberato direction, [3-605]
lie, motive to
accused, [3-625]
Crown witness, [3-625]
Murray direction, [3-610], [3-615]
onus, nature of, [3-600], [3-603]
explanation to jury, [1-490]
jury, explanation to, [1-480]
reasonable possibility, concept of, [3-603]
standard, nature of, [3-600], [3-603]
explanation to jury, [1-490]
jury, explanation to, [1-480]
summing-up, [7-000]
Orders
closed court, [1-349]
court, disobedience of, [1-250]
extension
mental health impairment or cognitive impairment, [4-330]
non-publication — see Non-publication orders
open justice, principle of, [1-350]
suppression — see Non-publication orders
take-down — see Non-publication orders
Ordinary person
provocation, in — see Provocation

P

Persistent sexual abuse of a child
maintain sexual relationship with — see Child
Pleas
arraignment, on, [1-465]
Possession
conveyance breaking implements, [5-6000], [5-6010]
house breaking implements, [5-6000], [5-6010]
intentional control, [3-700]
interpretation, [3-700]
jury direction, [3-700], [3-710]
receiving stolen property, [5-6500], [5-6510]
recent, [4-010]
alternative charge, no, jury direction, [4-060]
circumstances surrounding, [4-000], [4-020]
conflicting explanations, [4-040]
conflicting explanations, jury direction, [4-030]
control, Crown required to establish, [4-020]
definition, [4-000]
jury direction, [4-000]
recency, nature of, [4-070]
recency, nature of, jury direction, [4-050]
safe breaking implements, [5-6000], [5-6010]
supply — see Supply of prohibited drugs
Prescribed sexual offences
cross-examination of complainants, [1-840]
evidence
CCTV, [1-362]
CCTV, Commonwealth proceedings, [1-362]
complainant, arrangements, [1-362]
indecent assault
alternative verdict sought, [5-660]
proceedings, [5-650]
self-represented accused
intermediary, jury direction, [1-880]
intermediary, use of, [1-870], [1-875]
self-represented accused, advice to, [1-840], [1-850], [1-860]
sexual intercourse, [5-1010]
cognitive impairment, [5-1010]
cognitive impairment, person with, [5-1020], [5-1030]
intellectual disability, person with, [5-1040], [5-1050], [5-1060]
sexual offence proceedings
complainant giving evidence, arrangements, [1-362]
in camera, [1-358]
media access, [1-358]
support person, [1-368], [1-370]
support person, Commonwealth proceedings, [1-370]
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-incrimination — see 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
necessity, test of, [1-354]
non-publication orders, power to make, [1-352]
statutory provisions, [1-356]
prescribed sexual offences, [5-650] — see Prescribed sexual offences
trial procedure, Outline of trial procedure, Judge-alone trials
Proof
onus and standard — see Onus and standard of proof
Propensity and similar fact — see Tendency evidence
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]
jury, leave to, [6-410]
jury, leaving defence to, [6-430]
ordinary person
characteristics of, [6-430], [6-444]
test, [6-440]
partial defence, as, [6-400]
provocative conduct, time of, [6-440]
provocative incident, [6-430]
relationship, history of, [6-430]
self-control, loss of
causes of, [6-430]
central element, [6-444]
self-induced intoxication, relevance, [6-444]
Publicity
adverse media
discharge of jury, [1-450]
advice to jury, [1-490]
children, proceedings relating to
statutory provisions, [1-359]
non-publication orders — see Non-publication orders
suppression orders — see Non-publication orders

R

Receiving
larceny and, [5-6120]
jury direction, [5-6125]
stolen property, [5-6500]
jury direction, [5-6510]
Recklessness
assault, [4-080]
Blackwell v R, application of, [4-090]
jury direction, [4-092]
consent of victim, as to, [5-6800]
grievous bodily harm, [4-080], [4-090], [4-092], [4-095]
intention, [4-080], [4-085]
intoxication, [3-250]
jury direction
cause/inflict a particular kind of harm where Blackwell v R applies, [4-092]
malice, before the repeal of, [4-085]
particular offences following the Crimes Amendment (Reckless Infliction of Harm) Act 2012, [4-097]
malice, [4-080], [4-092], [4-097]
malice, before the repeal of, [4-082], [4-085]
nature of, [4-080]
sexual intercourse without consent, [5-800], [5-810], [5-820], [5-830], [5-900], [5-910], [5-920]
Return of jury — see Jury
Robbery, [5-5010], [5-6105] — see also Assault; Larceny
alternative verdicts, [5-6640]
assault with intent to rob, [5-6620]
elements of offence, [5-6600], [5-6640]
jury direction, [5-6610]
steal from the person, [5-6630]

S

Self-defence
circumstances where available, [6-450]
intoxication, [6-470]
jury direction, [6-480], [6-490]
jury direction
essential components, [6-455]
murder cases, [6-465]
murder, cases other than, [6-460]
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
absence of jury, in, [1-820]
challenge, right to, [1-830]
prescribed sexual offence proceedings, [1-850], [1-860]
vulnerable witnesses, cross-examination of, [1-840]
character, [1-820]
child witnesses, examination of, [1-160]
cross-examination
Commonwealth offences, [1-890]
Crown Prosecutor, address by, [1-835]
intermediary
advice to, [1-870]
warning, [1-875]
jury, challenge to empanelling of, [1-830]
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]
trials, conduct of, [1-800]
Sexual act
aggravated, [5-1240]
cognitive impairment, interpretation, [5-1240]
company, in, [5-1240]
serious physical disability, interpretation, [5-1240]
victim under authority of offender, [5-1240]
aggravation, circumstances of, [5-1250]
child under 10, involving
jury direction, [5-1260]
cognitive impairment, interpretation, [5-1250]
company, in, [5-1250]
consent, [5-1210], [5-1220]
recklessness as to, [5-1210], [5-1220]
elements of offence, [5-1200]
basic offence, [5-1230]
incitement offences, [5-1290]
intoxication, [5-1210], [5-1220], [5-1230]
medical or hygienic purposes, [5-1230]
no aggravating circumstances, jury direction, [5-1210], [5-1220]
of child, [5-1270]
serious intellectual disability, interpretation, [5-1250]
victim under authority of offender, [5-1250]
Sexual assault — see Sexual intercourse without consent
Sexual assault communications privilege
access
not automatically follow, [5-530]
ancillary orders, [5-540]
compel victim to disclose counsellor, [5-500]
counselling communication
person who counsels, [5-510]
grant of leave, [5-500]
harm, [5-510]
leave to issue subpoena, [5-520]
protected confidence, [5-510]
protected confider, [5-500]
public interest, [5-520]
purpose, [5-500]
restrictions on admissibility, [5-530]
substantial probative value, [5-520]
Sexual intercourse
aggravated — see Sexual intercourse without consent
cognitive impairment, with person with
carer’s offence, [5-1000]
carer’s offence, jury direction, [5-1020]
elements of offence, [5-1020]
exploitation offence, [5-1000]
prescribed sexual offence, [5-1010]
cunnilingus, [5-830]
definition, [5-830]
intellectual disability, with person with
exploitation offence, jury direction, [5-1050], [5-1060]
penetration for proper medical purposes, distinguished, [5-830]
person with cognitive impairment, with
exploitation offence, jury direction, [5-1030]
person with intellectual disability, with, [5-1040]
Sexual intercourse without consent
aggravated, [5-840]
company, in, [5-850]
multiple counts, [3-400]
consent, [5-800], [5-820], [5-900], [5-910]
consent, misconceptions about in sexual assault trials, [5-200], [5-210]
jury direction, [5-230], [5-240]
knowledge, [5-800], [5-820], [5-900], [5-910]
prescribed sexual offence proceedings
complainant giving evidence, arrangements, [1-362]
in camera, jury direction, [1-370]
support person, [1-368]
procedure, [5-220]
recklessness, [5-800], [5-820], [5-830], [5-900], [5-910]
sexual history, cross-examination concerning, [5-100]
exclusions, [5-110]
Sexual offences
assault — see Sexual intercourse without consent
audio visual evidence — see Audio visual evidence
complaint in — see Complaint
indecent assault — see Indecent assault
intercourse — see Sexual intercourse
non-publication orders, [1-358]
prescribed
proceedings, [5-650] — see Prescribed sexual offences
sexual act — see ; Sexual act
sexual touching — see Sexual touching;
witnesses, [1-362]
Sexual touching
aggravated, [5-1130], [5-1140]
cognitive impairment, interpretation, [5-1130], [5-1140]
company, in, [5-1130], [5-1140]
serious physical disability, interpretation, [5-1130], [5-1140]
victim under authority of offender, [5-1130], [5-1140]
child, of, [5-1150], [5-1160]
consent, [5-1110], [5-1115]
recklessness as to, [5-1110], [5-1115]
elements of offence
basic offence, [5-1120]
incitement offences, [5-1170]
intoxication, [5-1110], [5-1115], [5-1120]
medical or hygienic purposes, [5-1120]
no aggravating circumstances, jury direction from 1 June 2022, [5-1115]
no aggravating circumstances, jury direction until 31 May 2022, [5-1110]
offence, elements of, [5-1100]
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, [5-5040]
Standard of proof — see Onus and standard of proof
Statements
accusatory, [2-000]
admissibility, [2-000]
jury direction, [2-010]
prior inconsistent
sexual offences, [5-040]
Stealing
break, enter and steal, [5-5100], [5-5110]
definition, [5-6500]
larceny — see Larceny
receiving stolen property, [5-6500], [5-6510]
steal from the person, [5-6630]
Substantial impairment — see Mental health impairment or cognitive impairment
Summing-up
basis of acquittal not raised by counsel, [7-040]
commencement, [7-020]
evidence, [7-000], [7-040]
final directions, [7-030]
judge’s responsibility, [7-000]
jury direction, [7-030]
multiple defendants
commencement, [7-020]
outline, [7-000]
essential elements, [7-040]
trial procedure, [1-025]
Supply of prohibited drugs
actual supply, [5-6700]
jury direction, [5-6710]
amount of drug, [5-6700]
Carey defence, [5-6700]
commercial quantity, [5-6700], [5-6730]
jury direction, [5-6730]
conspiracy to, [5-5320]
deemed supply, [5-6700], [5-6740]
jury direction, [5-6740]
drug exhibits, police procedures, [5-6700]
knowingly take part in, [5-6700]
large commercial quantity, [5-6700], [5-6750]
jury direction, [5-6750]
minors, supply to, [5-6700]
ongoing supply, [5-6700]
jury direction, [5-6760]
substance not prohibited drug, where, [5-6720]
jury direction, [5-6720]
supply, definition, [5-6700]
Support persons
children, for, [1-368]
Commonwealth proceedings, [1-370]
Suppression orders — see Non-publication orders
Supreme Court
jurisdiction
contempt — see Contempt

T

Tendency evidence
child sexual assault proceedings, [4-230]
coincidence evidence, distinguished, [4-225]
concoction and contamination, issues of, [4-225]
jury direction, [4-227]
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]
Theft
break, enter and steal, [5-5100], [5-5110]
receiving stolen property, [5-6500], [5-6510]
Threats
assault with intent to rob, [5-6620], [5-6640]
blackmail — see Extortion by threat
verbal assault, [5-5040]
Trial procedure
arraignment, [1-005]
case in reply, [1-015]
closing Crown case, [1-015]
defence case, [1-015]
indictment, [1-005]
judge-alone trial — see Judge-alone trial
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 direction, [4-255]
prior inconsistent statement, [4-250]
Unlawful and dangerous act
manslaughter by, [5-6230]
jury direction, [5-6240]
reasonable person test, [5-6230]
Unlawfulness
negligence and, [5-6400]
Utterances
false — see False instruments

V

Vehicle offences
breaking into vehicles
implements for, possession of, [5-6000], [5-6010]
dangerous driving — see Dangerous driving
larceny, [5-6150]
driving with knowledge, [5-6175]
passengers, [5-6175]
taking and driving, [5-6150], [5-6155]
taking for purpose of driving, [5-6160]
taking for purpose of obtaining reward for restoration, [5-6165], [5-6170]
taking for purpose of secreting, [5-6165]
Verdicts
alternative — see Alternative verdicts
delivery of, further directions prior to, [8-010]
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]
mental health impairment or cognitive impairment, [6-270]
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, [5-620]
offender, under authority of
indecent assault, [5-630], [5-640]
sexual intercourse, [5-1000]
under authority of offender
sexual act, [5-1240], [5-1250]
sexual touching, [5-1130], [5-1140]
Video evidence — see Audio visual evidence
Views
attend, right to, [4-340]
jury direction, [4-345]
oaths and affirmations, [1-615], [4-347]
shower, [4-347]
overview, [4-335], [4-340]
shower
nomination, [4-340]
oath or affirmation, [4-347]
Violence — see Domestic violence
assault — see 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]
nature of, [4-360]
jury direction, [4-365]
victim, causing harm to, [4-355]
Vulnerable persons
evidence given by alternative means, [1-362]
legislative provisions, [1-360]
out-of-court representations, [1-372]
recording, evidence in form of
jury direction, [1-376]
warning, [1-374]

W

Witnesses
Aboriginal people
cultural and linguistic factors, [1-900], [1-910]
accomplice as, [4-380], [4-387], [4-395], [4-397]
jury direction, [4-385]
call, failure by accused to, [2-1010]
call, failure to
explanation, failure to give, [2-1020]
Weissensteiner direction, [2-1020], [2-1030]
calling
self-represented accused, advice to, [1-820]
child — see Child witness
competence, [1-105]
conflicting, case turns on, [3-605]
cross-examination — see 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], [2-1130]
failure to call
complainant not called on retrial, [4-377]
Crown witness, [4-370]
defence witness, [4-370]
jury direction, [4-377]
suggested comment, [4-375]
government agency, [1-362]
Indigenous people
cultural and linguistic factors, [1-900], [1-910]
jury questions for, [1-492]
motive to lie, [3-625]
narrative form, evidence in, [1-125]
prison informers, [3-750]
unreliable evidence, [3-760]
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]
recording, evidence in form of, [1-378]
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]
Crown witness, prior inconsistent statement by, [4-250]
jury direction, [4-255]
unreliable, [4-380]–[4-397]
dangerous to convict formulation, exceptional use of, [4-390]
dangerous to convict formulation, exceptional use of, jury direction, [4-392]
warnings to jury, [2-110]

Y

Young offender — see Child accused