Canberra · Trials
Going to trial in the ACT Supreme Court.
Once a matter is committed and a plea of not guilty is entered, it heads for trial. Here is what a trial in the ACT Supreme Court actually involves, in order.
- StartArraignmentThe charge is put; plea entered
- OnusOn the CrownBeyond reasonable doubt
- DeciderJury or judgeFacts found on the evidence
- EndVerdictThen sentence if convicted
Arraignment and empanelment.
A trial begins with arraignment, where the charge on the indictment is read and the accused enters a plea. If the plea is not guilty and the trial is by jury, a jury of 12 is then empanelled from a pool of citizens on the electoral roll. If the accused has elected a judge-alone trial for an eligible offence, there is no jury and the judge hears the matter.
The Crown case.
The prosecution opens and then calls its evidence: witnesses, documents, recordings and expert evidence. Each prosecution witness can be cross-examined by the defence. The prosecution has to prove every element of the offence beyond reasonable doubt. The accused does not have to prove anything.
No case to answer.
At the close of the Crown case, the defence can submit that there is no case to answer, meaning the evidence, taken at its highest, could not support a conviction. If that submission succeeds on a charge, that charge does not go to the jury or the judge for a verdict.
The defence case, addresses and directions.
The defence may, but does not have to, call evidence. The accused can give evidence but is not required to, and no adverse inference is drawn from silence. After the evidence, both sides address. In a jury trial the judge then directs the jury on the law and how to approach the evidence. In a judge-alone trial the judge applies the law directly and gives reasons.
Verdict and what follows.
The jury retires and returns a verdict, ordinarily unanimous, or by majority of 11 of 12 for a territory offence after at least six hours if the judge allows it. A judge sitting alone delivers a verdict with reasons. If the verdict is not guilty, the matter ends. If it is guilty, the matter proceeds to sentence, and a conviction or sentence can be appealed to the Court of Appeal.
Frequently asked.
What happens first at an ACT trial?
Arraignment. The charge on the indictment is read and the accused enters a plea. If the plea is not guilty and the trial is by jury, a jury of 12 is then empanelled.
Does the accused have to prove anything at trial?
No. The prosecution must prove every element of the offence beyond reasonable doubt. The accused does not have to give evidence, and no adverse inference is drawn from choosing not to.
What is a no case to answer submission?
At the close of the Crown case, the defence can submit that the evidence at its highest could not support a conviction. If that succeeds on a charge, the charge does not go to a verdict.
What happens if I am found guilty?
The matter proceeds to sentence under the Crimes (Sentencing) Act 2005 (ACT). A conviction or sentence can be appealed to the ACT Court of Appeal.
Heading to a trial in the ACT?
A confidential first conference. The brief is read. The realistic options are set out. Speak to Aaron Kernaghan directly before you decide anything.
Request a confidential consult 0421 717 019