Index

[References are to paragraph numbers]

A

Abnormality of mindsee 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 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]
jury directions and warnings, 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]
M’Naghten Rules, [6-210], [6-280]
mental illness, denial of, [6-250]
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 Assault
definition, [5-010]
Blackmailsee Extortion by threat
Break and entersee 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 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]
jury directions, character contested by Crown, [2-390]
jury directions, 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
closed court/non-publication orders, [1-150]
reliability, issue of, [1-122], [1-140]
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 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]
Closed-Circuit Television (CCTV)see Audio visual evidence; Video evidence
legislative provisions, [1-360]
“prescribed sexual offence” proceedings
complainant giving evidence, [1-362]
jury direction, [1-366]
jury direction, Commonwealth proceedings, [1-366]
vulnerable persons, [1-362]
warning to jury, [1-364]
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 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
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]
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]
Conveyance breaking implements
possession of, [5-600], [5-610]
Counselsee 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]
Demonstrations
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], [4-240]
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]
“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]
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]
jury directions, [6-480], [6-490]
self-induced and non-self-induced, [3-250], [6-550]
sexual intercourse without consent, [5-1550]
“under the influence”, distinguished, [5-260]
voluntariness and, [3-250]

J

Joint criminal enterprisesee 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]
witness reasonably supposed to have been criminally concerned, [4-385]
evidence not entirely adverse to accused, [4-395]
witnesses
cultural and linguistic factors, [1-910]
not called by Crown, [4-377]
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, [4-080]see Recklessness
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]
M’Naghten Rules, [6-210], [6-280]
mental illness, denial of, [6-250]
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]
drugsee 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]
circumstances surrounding, 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 of prohibited drugs
Prejudice
advice to jury, [1-490]
Prescribed sexual offencessee Sexual offences
cross-examination of complainants, [1-840]
evidence
complainant giving evidence by CCTV, [1-362]
complainant giving evidence by CCTV, Commonwealth proceedings, [1-362]
complainant, arrangements, [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
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]
support person, 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
test of necessity, [1-354]
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]
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]
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 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 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]
“carer’s offence”, jury direction, [5-1710]
elements of offence, [5-1710]
“exploitation offence”, [5-1700]
“exploitation offence”, 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
case list, [10-520]
complainant giving evidence, arrangements, [1-362]
in camera, [10-500]
in camera, 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 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]
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 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]
Views
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 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]
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]
“dangerous to convict” formulation, exceptional use of, jury direction, [4-392]
warnings to jury, [2-110]

Y

Young offendersee Child accused