Criminal Trial Courts Bench Book

Index

[References are to paragraph numbers]

A

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]
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-represented — see 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]
Crown, [1-020]
opening, [1-015]
Adjournment
contempt, following charge of, [1-290]
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
general, [1-600]
example, [1-600]
jurors, for, [1-610]
example, [1-610]
sheriff’s officer, for
upon sequestration of jury, [1-620]
upon sequestration of jury
example, [1-620]
views, [1-615], [4-347]
example, [1-615]
jury direction, [4-345]
Aggravated offences
aggravated sexual act
jury direction, [5-1240]
aggravated sexual touching
jury direction, [5-1130]
dangerous driving, [5-5400], [5-5420]
indecent assault
jury direction, [5-630], [5-640]
sexual act
jury direction, [5-1250]
sexual intercourse without consent, [5-800], [5-840], [5-900]
company, in, [5-850]
multiple counts, [3-400]
sexual touching
jury direction, [5-1140]
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]
dangerous driving, [5-5820]
duty to leave, [2-205]
indecent assault, [5-660]
jury direction, [2-210]
manslaughter, in case of, [5-6270]
manslaughter, of, in trial for murder, [2-205], [5-6200], [5-6340]
offences other than murder, [2-205]
power of jury, [2-200]
robbery, [5-6640]
Appeals
suppression and non-publication orders, [1-354]
Assault
“apprehension of immediate and unlawful personal violence”, [5-5010]
common, [5-5000]
definition, [5-5010]
examples, [5-5050]
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 — see 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
elements of defence, [6-050]
sane, [6-060]

B

Background evidence
jury direction, [4-222]
overview, [4-200], [4-220]
relationship evidence, [4-220]
transactional evidence, [4-220]
Battery — see Assault
definition, [5-5010]
Blackmail — see Extortion by threat
Break and enter — see Larceny
implements for, possession of, [5-6000], [5-6010]
Break, enter and steal
breaking, what amounts to, [5-5110]
building, definition, [5-5110]
dwelling-house, definition, [5-5110]
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]
negligence, [5-6400]
grievous bodily harm, [5-6410]
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
accused — see 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]
witness — see Child witness
Child accused
child, definition, [1-100]
closed court, [1-358]
understanding proceedings, [1-180]
Child sexual assault
Child sexual assault program scheme, Child sexual offence evidence program scheme — Downing Centre
tendency evidence, [4-225], [4-230]
Child sexual offence proceedings
pre-recorded evidence, [5-400], [5-410], [5-420]
requirements, [5-410]
suggested direction — pre-recorded evidence, [5-420]
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, [5-1000]
sexual intercourse offences — see Sexual intercourse
Coincidence evidence
jury directions
circumstantial case, [4-237]
joinder of counts of different complainants, [4-240]
overview, [4-200]
Common purpose — see Complicity
Criminal Code Act 1995, under, [11-010]
joint criminal liability, [2-740]
withdrawal from, [2-790]
Commonwealth offences
audio visual link, evidence given by, [1-380]
disagreement over verdict, [8-060]
judge-alone trial, [1-075]
receipt of verdict, [8-020]
return of jury, [8-020]
summing-up, [7-020]
Competence
child witness — see 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, [5-000]
jury direction, [5-020]
delay, [5-060], [5-070]
forensic disadvantage, [5-070], [5-080]
jury direction, [5-055], [5-080]
difference in complainant’s account, [5-045]
jury direction, [5-050]
evidence, [5-000]
witness able to give, where, [5-010]
witness not available, where, [5-030]
jury directions
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, [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, [5-620]
jury direction, [5-610]
larceny, [5-6105]
motor vehicles, [5-6155], [5-6160]
robbery, [5-6600]
sexual act, [5-1230]
jury direction, [5-1210]
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, [5-1110]
Conspiracy
“agreement”, interpretation, [5-5310]
jury direction, [5-5310], [5-5320]
nature of offence, [5-5300], [5-5320]
reasonable participation, evidence of, [5-5320]
separation of evidence, [5-5320]
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, [5-6000], [5-6010]
Costs
jurisdiction to award costs
suppression orders, [1-349]
Counsel — see 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], [1-345]
Criminal Code Act 1995
case references, [11-000], [11-010]
Criminal negligence
manslaughter by, [5-6250]
jury direction, [5-6260]
Criminal proceedings
cross-examination of accused, [1-343], [1-345]
judge-alone trial
application for, [1-055]
apprehension of bias, [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]
Criminal Code Act 1995, under, [11-010]
self-defence, [6-450]
Cross-examination, [5-110]
accused, of, [1-343], [1-345]
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, [5-100]
unfavourable witness, [4-250]
Cultural and linguistic factors
witnesses, [1-900]
jury directions, [1-910]

D

Dangerous driving
aggravation, [5-5400], [5-5420]
drive, definition, [5-5410]
grievous bodily harm, definition, [5-5410]
honest and reasonable belief defence
mechanical defect in vehicle, [5-5420]
onset of sleep, [5-5420]
intoxication, [5-5400], [5-5420]
jury direction, [5-5420]
knowledge and, [5-5410]
management and control over vehicle, [5-5420]
mechanical defect, [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]
jury direction, [5-5420]
strict liability, [5-5410], [5-5420]
“under the influence”, interpretation, [5-5420]
Death
dangerous driving causing, [5-5400]
jury direction, [5-5420]
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]
“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]
intent to restore, [5-6115]
mental health impairment or cognitive impairment, [6-200], [6-230], [6-240]
necessity, [6-350]
self-defence, [6-450]
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
overview, [4-335]
Diminished responsibility
“cognitive impairment, interpretation”, [6-550]
“mental health impairment”, interpretation, [6-550]
“substantial impairment”, interpretation, [6-580]
Directions
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, [5-5020]
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]
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]
character of accused
contested by Crown, [2-390]
not contested by Crown, [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]
circumstantial evidence, [2-520]
cognitive impairment, [6-290]
coincidence evidence, [4-237], [4-240]
complaint evidence
delay, [5-055], [5-080]
witness able to give evidence, [5-010]
witness not available, [5-030]
complicity, [2-750], [2-760]
conspiracy, [5-5310], [5-5320]
constructive (felony) murder, [5-6320]
context evidence, [4-215]
dangerous driving, [5-5420]
defraud, intent to, [5-5510], [5-5520]
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, [2-1130]
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
concealment of records, [5-5945]–[5-5955]
destruction of records, [5-5945]–[5-5955]
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]
good character contested, [2-390]
good character not contested, [2-370]
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], [5-1130], [5-1240]
alternative verdict sought, [5-660]
inferences, [3-150]
intention, [3-210], [3-220]
intermediary, use of, [1-880]
intoxication
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]
kidnapping, [5-6810]–[5-6830]
aggravated offence, [5-6820], [5-6830]
larceny, [5-6105], [5-6125]–[5-6145]
Liberato direction: prohibition on preferring evidence of one witness over another, [3-605]
lies, [2-965]
limiting use, [2-970]
Longman direction: delay in proceedings and forensic disadvantage to accused, [5-070]
Mahmood direction: expected Crown witnesses not called, [4-370]
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]
mental health impairment or cognitive impairment defence, [6-280]
cognitive impairment, [6-290]
misconceptions about consent in sexual assault trials, [5-200]
statutory framework, [5-210]
suggested procedure, [5-220]
murder, mental element of, [5-6310]
Murray direction: evidence of sole Crown witness to be scrutinised with care, [3-610]
negligence
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]
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, [5-6510]
recent possession, [4-000]
conflicting explanations, [4-030], [4-040]
recency, [4-050], [4-070]
reckless indifference, murder, [5-6310]
robbery, [5-6610]
assault with intent to rob, [5-6620]
self-defence
cases other than murder, [6-460]
essential components, [6-455]
murder cases, [6-465]
separate consideration of multiple counts, [3-400]
sexual act, [5-1210]
aggravating circumstances, [5-1250]
of child, [5-1260], [5-1270]
sexual intercourse, cognitive impairment, [5-1020], [5-1030]
sexual intercourse without consent, [5-800], [5-900]
aggravation, [5-840]
recklessness, [5-800], [5-810], [5-820], [5-830], [5-900], [5-910], [5-920]
sexual touching, [5-1110]
aggravating circumstances, [5-1140]
of child, [5-1150], [5-1160]
Shepherd direction: circumstantial evidence, “link in the chain case”, [2-510]
silence by accused, [2-1010]
right to, [4-110]
substantial impairment because of mental health impairment or cognitive impairment, [6-570], [6-580]
summing-up
final directions, [7-030]
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]
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]
views, [4-345]
oaths and affirmations, [4-347]
voluntary act, [4-360]
Weissensteiner direction: failure of accused to offer explanation, [2-1020], [2-1030]
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]
writing, in, [1-535]
written, at opening of trial, [1-480]
Disagreement
jury, [8-050]
Commonwealth offences, [8-060]
State offences, [8-070]–[8-100]
Dishonesty
defraud, intent to, [5-5500]–[5-5520]
false instruments, [5-5700]–[5-5720]
false or misleading statements, [5-5800]–[5-5850]
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 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, [5-5420]
Driving offences
dangerous — see Dangerous driving
Drug offences
dangerous driving, [5-5400]
“under the influence”, interpretation, [5-5420]
drug exhibits, police procedures, [5-6700]
supply — see 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, [5-5100]

E

Evidence
admissions — see Admissions
background, [4-200], [4-220]
jury direction, [4-222]
relationship evidence, [4-220]
transactional evidence, [4-220]
child witness — see 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]
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, [2-1010]
explanation, failure to give, [2-1020]
Weissensteiner direction, [2-1020], [2-1030]
identification — see 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]
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]
Examination in chief
prescribed sexual offence
self-represented accused, advice to, [1-840]
Expert evidence
admissibility, [2-1100]
child behaviour, [5-300]
clarification for jury, [1-494]
conflict as to facts or assumptions, [2-1130]
conflicting opinions, [2-1130]
fingerprints, [2-1130]
jury direction, [2-1130]
no challenge to, [2-1130]
reliance upon statements by others, [2-1130]
reliance upon statements of accused, [2-1130]
role of jury, [2-1100]
sexual abuse of children, [2-1130], [5-300]
specialised knowledge, [5-300]
Extortion by threat
communication of intention, [5-5620]
Crimes Act 1900, under, [5-5610]
offence, elements of, [5-5610]
threat, nature of, [5-5600]
Extreme provocation — see Provocation

F

Fairness
requirements, [7-040]
False instruments
acts or omissions, [5-5700]
forging, previous offence of, [5-5700]
jury directions, [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]
Fault elements
Criminal Code Act 1995, under, [11-010]
Flight
consciousness of guilt, [2-960]
Forensic Mental Health Network
statutory functions, [4-306]
Forgery
false — see False instruments
Fraud
concealment of records, [5-5940]
intent to cause financial disadvantage, [5-5955]
intent to obtain financial advantage, [5-5950]
intent to obtain property, [5-5945]
jury directions, [5-5945]–[5-5955]
deception, definition, [5-5910]
destruction of records, [5-5940]
intent to cause financial disadvantage, [5-5955]
intent to obtain financial advantage, [5-5950]
intent to obtain property, [5-5945]
jury directions, [5-5945]–[5-5955]
dishonestly causing financial disadvantage
jury direction, [5-5935]
dishonestly obtaining financial advantage
definition, [5-5910]
jury direction, [5-5930]
dishonestly obtaining property
definition, [5-5910]
jury direction, [5-5925]
dishonesty, definition, [5-5910]
elements of offence
identified person, [5-5920]
false or misleading statements, [5-5800], [5-5960]
causing financial disadvantage, [5-5970]
intention to deceive, [5-5980], [5-5985]
jury directions, [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]
recklessness, definition, [5-5910]

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 — see Consciousness of guilt
establishing, [11-010]
Guilty verdict
receipt of
Commonwealth offences, [8-020]
State offences, [8-030]

H

Hearsay
complaint in sexual cases — see Complaint
Hostile intent
assault, [5-5010]
indecent assault, [5-620]
House breaking implements
possession of, [5-6000], [5-6010]

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], Media access to sexual assault proceedings heard in camera
media access, [1-358], Media access to sexual assault proceedings heard in camera
Incitement offences
sexual act, [5-1290]
sexual touching, [5-1170]
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 directions, [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
Intellectual disability
sexual intercourse offences — see Sexual intercourse
Intention
assault, [5-5010], [5-5040]
attempt and, [2-270]
conspiracy, [5-5300]
Criminal Code Act 1995, under, [11-010]
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
Internet
adverse media publicity, [1-450]
Intoxication
Crimes Act 1900, under, [3-250]
dangerous driving, [5-5400], [5-5420]
indecent assault, [5-620]
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 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
constructive murder, [2-770]
extended, [2-740]
jury direction, [2-760]
jury direction, [2-750]
manslaughter arising out of, [5-6210]
jury direction, [5-6220]
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-up — see Summing-up
Judge-alone trial
additional resources, [1-080]
application for, [1-055]
apprehension of bias, [1-070]
Commonwealth offences, [1-075]
interests of justice, factors relevant to, [1-050]
orders, [1-050]
procedural fairness, [1-065]
verdict of a single judge, [1-060]
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]
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]
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]
verdict juries, [1-540]
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]
directed verdict juries, [1-545]
directions — see 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]
jurors — see 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]
verdict juries, [1-540]
voting numbers, disclosure of, [8-100]
witnesses, questions for, [1-492]
Jury directions — see Directions

K

Kidnapping
advantage, detaining for, [5-6800]
jury directions, [5-6810]–[5-6830]
advertent and inadvertent, [5-6800]
aggravated offence
jury directions, [5-6820], [5-6830]
current forms of offences, [5-6800]
presumption of absence of consent, [5-6800]
ransom, holding for, [5-6800]
recklessness as to consent of victim, [5-6800]
Knowledge
conspiracy, element of, [5-5310]
Criminal Code Act 1995, under, [11-010]
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]
dishonesty, requirement of, [5-6105]
guilty verdict, [5-6130]
intent to permanently deprive, [5-6105]
intent to restore defence, [5-6115]
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
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

Maintain unlawful sexual relationship with child, [5-700]
alternative verdicts, [5-710]
defence
consent, [5-730]
persistent sexual abuse of a child, [5-700]
pre-existing relationship, [5-730]
prescribed sexual offence, [5-730]
procedure before trial, [5-710]
suggested direction, [5-720]
alternative verdict, [5-720]
tendency directions, [5-710]
“unlawful sexual act”, [5-700]
unlawful sexual relationship, [5-730]
Majority verdicts
suggested perseverance following disagreement, [8-070]–[8-100]
Malice, [4-080] — 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]
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]
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]
Medical purposes
penetration for proper medical purposes, [5-830]
Mens rea
intoxication, [3-250]
negligence, [5-6400]
Mental health and cognitive impairment
application, [4-302]
“cognitive impairment”
definition, [4-304]
Federal offences
defendant charged with Federal and State offences, [4-305]
Fitness for trial
steps, [4-320]
fitness to stand trial, [4-300]
Forensic Mental Health Network, [4-306]
glossary, [4-320]
judge-alone trial, [1-060]
list of disorders, [4-304]
“mental health impairment”
definition, [4-304]
Mental Health Review Tribunal
documentation, [4-327], [4-330]
forms, [4-325]
orders, [4-325]
referrals, [4-325]
procedures
test for fitness, [4-310]
special hearing
suggested direction, [4-331]
special hearings
available verdicts, [4-315]
procedures, [4-315]
substances use disorder, [4-304]
temporary effect of substances, [4-304]
Mental health impairment or cognitive impairment
cognitive impairment
jury directions, [6-290]
defence of, [6-200], [6-230]
jury directions, [6-290]
diminished responsibility, [6-550]
Directions
written, [6-570]
evidence of, [6-240]
interpretation, [6-550], [6-580]
jury directions
oral, [6-580]
murder reduced to manslaughter, [6-580]
onus and burden of proof, [6-550]
rationale behind defence, [6-580]
self-induced intoxication, [6-550]
sequence of determination of issues, [6-220]
substantial impairment, [6-550]
transitional provisions, [6-210]
mental health impairment or cognitive impairment defence
defence of
jury directions, [6-280]
Mental illness — see Mental health impairment or cognitive impairment
Mistake of fact
Criminal Code Act 1995, under, [11-010]
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], [5-6340]
causation, [5-6300]
constructive, [5-6320]
historical discussion, [5-6320]
joint criminal enterprise, [2-770]
suggested direction, [5-6330]
definition, [5-6300]
extended common purpose, [5-6300]
felony murder, [5-6320]
intoxication, [3-250], [5-6300]
joint criminal enterprise, [5-6300]
malice, [5-6300]
manslaughter — see Manslaughter
mental element, suggested direction, [5-6310]
mental health impairment or cognitive impairment, partial defence, [6-580]
provocation, [5-6300]
reckless indifference to human life, [5-6300]
self-defence, [5-6300]
limitations, [6-460]
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]
Criminal Code Act 1995, under, [11-010]
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]
basis for making, [1-354]
child witness, [1-359]
closed courts — see Closed court
common law, under, [1-352]
content, [1-354]
costs, [1-349]
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
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]
sheriff’s officer, for
upon sequestration of jury, [1-620]
upon sequestration of jury
example, [1-620]
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, [5-5000]
indecent, [5-600]
blackmail, [5-5600]
break, enter and steal, [5-5100]
possession of implements for, [5-6000]
bribery, [5-5200]
conspiracy, [5-5300]
dangerous driving, [5-5400]
drug — see Supply of prohibited drugs
elements of, [11-010]
extortion by threat, [5-5600]
false instruments, [5-5700]
false or misleading statements, [5-5800]
indecent assault, [5-600]
indictment, [1-005]
intent to defraud, [5-5500]
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
intercourse, cognitive impairment, [5-1000]
intercourse without consent, [5-800], [5-900]
sexual act, [5-1200]
sexual touching, [5-1100]
stealing
possession of implements for, [5-6000]
summing-up, [7-000]
supply of prohibited drug, [5-6700]
deemed supply, [5-6700]
theft
possession of implements for, [5-6000]
Omission
negligence by — see 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
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]
non-publication — see Non-publication orders
open justice, principle of, [1-350]
suppression — see Non-publication orders
Ordinary person
provocation, in — see Provocation

P

Persistent sexual abuse of a child — see Maintain unlawful sexual relationship with child
Pleas
arraignment, on, [1-465]
Police
drug exhibits, procedures, [5-6700]
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, [4-000]
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, [5-6000], [5-6010]
supply — see Supply of prohibited drugs
Prejudice
advice to jury, [1-490]
Prescribed 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]
self-represented accused, advice to, [1-840]
sexual intercourse, [5-1010]
cognitive impairment, [5-1010]
sexual offence proceedings
case list, Sexual assault case list
complainant giving evidence, arrangements, [1-362]
in camera, [1-358], Media access to sexual assault proceedings heard in camera
media access, [1-358], Media access to sexual assault proceedings heard in camera
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, [5-040]
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-incrimination — see Self-incrimination
Procedural fairness
judge-alone trial, [1-065]
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, [5-650] — see Prescribed sexual offences
trial procedure — see Trial procedure
Proceeds of crime
disposal of
accessorial liability, [2-730]
Procurement
accessorial liability
accessory before the fact, [2-710]
Proof
onus and standard — see Onus and standard of proof
Propensity and similar fact — see 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 orders — see Non-publication orders
test of necessity, [1-354]
suppression orders — see Non-publication orders

Q

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

R

Reasonable foreseeability
negligence, [5-6400]
Reasonable person test
manslaughter by unlawful and dangerous act, [5-6230]
Receiving
larceny and, [5-6120]
jury direction, [5-6125]
stolen property, [5-6500]
jury direction, [5-6510]
Reckless indifference
human life, to, [5-6310]
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, [5-6800]
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, [5-800], [5-810], [5-820], [5-830], [5-900], [5-910], [5-920]
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]
Robbery — see Assault; Larceny
alternative verdicts, [5-6640]
assault with intent to rob, [5-6620]
elements of offence, [5-6600], [5-6640]
steal from the person, [5-6630]

S

Safe breaking implements
possession of, [5-6000], [5-6010]
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 act
aggravation, circumstances of, [5-1240], [5-1250]
“cognitive impairment”, interpretation, [5-1240], [5-1250]
company, in, [5-1240], [5-1250]
consent, [5-1210]
recklessness as to, [5-1210]
elements of offence, [5-1200]
basic offence, [5-1230]
intoxication, [5-1210], [5-1230]
medical or hygienic purposes, [5-1230]
“no aggravating circumstances”, jury direction, [5-1210]
of child, [5-1260], [5-1270]
“serious intellectual disability”, interpretation, [5-1250]
“serious physical disability”, interpretation, [5-1240]
victim under authority of offender, [5-1240], [5-1250]
Sexual assault — see Sexual intercourse without consent
case list, Sexual assault case list
media access to in camera proceedings, Media access to sexual assault proceedings heard in camera
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
cunnilingus, [5-830]
definition, [5-830]
penetration for proper medical purposes, distinguished, [5-830]
person with cognitive impairment, with
“carer’s offence”, [5-1000]
“carer’s offence”, jury direction, [5-1020]
elements of offence, [5-1020]
“exploitation offence”, [5-1000]
“exploitation offence”, jury direction, [5-1030], [5-1050], [5-1060]
prescribed sexual offence, [5-1010]
Sexual intercourse without consent
aggravated, [5-840]
company, in, [5-850]
multiple counts, [3-400]
consent, [5-800], [5-820], [5-900], [5-910]
directions, misconceptions about consent in sexual assault trials, [5-200]
knowledge, [5-800], [5-820], [5-900], [5-910]
“prescribed sexual offence” proceedings
case list, Sexual assault case list
complainant giving evidence, arrangements, [1-362]
in camera, Media access to sexual assault proceedings heard in camera
in camera, jury direction, [1-370]
support person, [1-368]
recklessness, [5-800], [5-820], [5-830], [5-900], [5-910]
sexual history, cross-examination concerning, [5-100]
Sexual offences
assault — see Sexual intercourse without consent
audio visual evidence — see Audio visual evidence; Closed-Circuit Television (CCTV)
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 touching — see
witnesses, [1-362]
Sexual touching
aggravation, circumstances of, [5-1130], [5-1140]
“cognitive impairment”, interpretation, [5-1130], [5-1140]
company, in, [5-1130], [5-1140]
consent, [5-1110]
recklessness as to, [5-1110]
elements of offence, [5-1100]
basic offence, [5-1120]
intoxication, [5-1110], [5-1120]
medical or hygienic purposes, [5-1120]
“no aggravating circumstances”, jury direction, [5-1110]
of child, [5-1150], [5-1160]
“serious intellectual disability”, interpretation, [5-1140]
“serious physical disability”, interpretation, [5-1130]
victim under authority of offender, [5-1130], [5-1140]
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]
Social media
adverse publicity, [1-450]
Standard of proof
and reasonable doubt, [4-226]
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, [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]
judges responsibility, [7-000]
multiple defendants
commencement, [7-020]
outline, [7-000]
essential elements, [7-040]
trial procedure, [1-025]
Supply of prohibited drugs — see Possession
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 supply, [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

Take down orders
necessity test, [1-354]
Tendency evidence
application of Pt 3.6, [4-225]
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]
Terrorism
closed court proceedings, [1-358]
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
application for, [1-055]
apprehension of bias, [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]
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]
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
possession of implements for, [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]
Verbal assault
nature of, [5-5040]
Verdicts
alternative — see 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, [5-620]
under authority of offender
indecent assault, [5-630], [5-640]
sexual act, [5-1240], [5-1250]
sexual intercourse, [5-1000]
sexual touching, [5-1130], [5-1140]
Video evidence — see 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]
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]
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]
child — see Child witness
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, [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 offender — see Child accused