WHO KILLED EDDIE ECHIDNA?

Place the cards in their correct sequence and then complete the chart. You will need to draw up your own.

Nos. /

Particulars

/

Participant

/

Institution of Government

/

The Answer to the Question

PRE-TRIAL PROCEDURE

22 /

Eddie Echidna is murdered

41 / Fabius & William conduct the investigation / Police Officer / Executive / Statutory powers eg. seize property, enter premises etc
24 / Maxwell Magpie – autopsy / Pathologist
Coroners Office / Executive / No, cannot refuse a statutory requirement
33 / Coroner Georgina Goanna findings / Coroner / Judiciary / Implies an indictable offence has occurred and the police must conduct an investigation
43 / Fabius Fox arrests Ernie / Police / Executive / 3 Elements: Tell – inform person
Tale – advise reason
Touch – physically detain
23 / Fabius Fox cautions Ernie / Police / Executive / Person innocent until proven guilty and right to remain silent
8 / Ernie interrogated / Police / Executive / Right to remain silent, right to seek legal advice and have a solicitor at interrogation
35 / Bail is disallowed / Police
Court / Executive
Judiciary / If refuse police bail must be brought before a Magistrate by 12 noon the following day (writ of Habeas Corpus) Bail Act S10
Gravity of the offence, likelihood applicant would abscond, reoffend or hinder police inquiries, protect the victim, protect the applicant, medical needs, applicant’s prior bail contravention

COMMITTAL HEARING IN MAGISTRATES COURT

12 / Constable Dingo presents evidence / Police
Magistrate / Executive
Judiciary / Purpose is to see if sufficient evidence exists to commit Ernie to trial in Supreme Court. Why? Prevents poor/weak cases wasting court’s valuable time.
42 / Rumpole cross examines prosecution witnesses at Committal / Private Practitioner / No Government Institution / No plea, not a trial, onus on Police to prove a prima facie case exists
21 / After Magistrate finds a case to answer Ernie will be asked to plead:
Guilty – Sentence hearing in
Supreme Court
Not Guilty – Commit to trial
?Accused persons can reserve their defence
?Bail can be reviewed / Magistrate / Judiciary / That a reasonable man or jury would likely convict on the evidence presented
17 / Police Depositions to Crown Prosecutor’s Office / Crown Prosecutor / Executive / Depositions – written transcripts of committal hearing
Exhibits – physical evidence (best) eg. photographs, medical reports.
Why Crown Prosecutor decides whether to prosecute. Advises Solicitor-General and Information filed by Attorney-General.
9 /

Information laid by Attorney General

/ Attorney General / Executive / Official Legal charge
10 /

Callover at Supreme Court

/ Determined if accused will plead guilty and a trial date set.
Plus choice of trial by Judge alone or Jury.
31 /

The Sheriff (Percy Penguin) compiled a Jury Section

/ Sheriff / Judiciary / Sheriff would arrange a group of about 25 prospective jurors to be empanelled for Ernie’s trial.
16 /

Jurors summonsed

/ Jurors / Private – No Institution of Government / Court order requiring a person to do jury service.

THE TRIAL

5 / Correctional Service Officer escorts / Department of Correctional Services / Executive / Court Security
20 / Justice PELICAN enters / Justice / Judiciary / Respect to the independence and authority of the Court.
39 / Ernie is ARRAIGNED / Clerk of Arraigns / Judiciary / Information read and accused asked to plead
26 / VOIR DIRE Application / Defence Counsel / No Government Institution / (Trial within a trial) Justice to determine whether evidence is admissible or not. Could mean witnesses are called and evidence considered BEFORE Jury empanelled.
6 / Justice addresses Jury Section / Justice
Jurors / Judiciary
No Government Institution / Justice must not only be done, it must be seen to be done.
47 / Jury is empanelled / Jurors / No Government Institution / ELIGIBILITY : 18 – 70 yrs
On House of Assembly Electoral Roll
11 / Rumpole challenges a Juror / Defence Counsel
Juror / No Government Institution
No Government Institution / Statutory right to exclude certain people ie right to trial by peers

PROSECUTION CASE

30 / Clara Crocodile – Opening Address / Crown Prosecutor / Executive / Role to prove guilt beyond a reasonable doubt, will outline parameters of Prosecution case to give Jurors overall view.
3 / Fabius Fox is called to give Evidence / Police
Witness / Executive / To prove guilt beyond a reasonable doubt.
Admissible evidence – indirect or circumstantial.
36 / Maxwell Magpie gives evidence / Witness / Pathologist
Executive / Expert on Forensic Evidence ie. assailant was left-handed
18 / Edna Echidna – Evidence in Chief / Witness / No Institution of Government / Prosecution leads evidence to prove guilt beyond a reasonable doubt
45 / Edna is cross examined / Defence Counsel / No Institution of Government / Defence Counsel. Right to cross-examine witnesses to test the veracity/credibility of evidence ie. Cast/Create reasonable doubt.
15 / Clara objects to line of questioning / Crown / Executive / Upholding Rules of Evidence eg. Witnesses not unduly harassed
48 / Edna breaks down! / Justice
Edna / Judiciary
No Institution of Government / Adjournment – a temporary delay in court proceedings
NOTE Grounds for appeal if evidence taken while a witness is under duress
19 / Edna is re-examined / Witness / No Institution of Government / Crown, to reconfirm and consolidate her evidence in the mind of the arbiters of fact (Jury)
34 / Wilmer Wombat gives evidence / Witness / No Institution of Government / Type – Direct evidence, Overheard Ernie threaten Eddie
28 / Reggie the Rat
Could be CROWN witness to kill Ernie’s alibi, or DEFENCE witness but unlikely – hostile. / Witness / No Institution of Government / AFFIRMATION: a statement made under oath to be truthful to the court because a person does not wish to take a religious oath. Penalty for perjury.
32 / Rumpole accuses Reggie / Witness / No Institution of Government / Crown witness, would occur in cross- examination.

DEFENCE CASE

At conclusion of Crown’s case, Rumpole could ask Judge for “No case to answer”.
1 / Silver Seagull is sworn in. / Witness / No Institution of Government / Oath – ie witness undertakes to be truthful and frank
Rumpole does the EVIDENCE-IN-CHIEF ie tries to cast/create reasonable doubt.
38 / Silver is cross examined / Crown / Executive / Crown right to rest veracity of the evidence. (NOTE: Silver is short-sighted and poor memory)
27 / Silver is re-examined / Defence Counsel / No Institution of Government / Rumpole re-establishes veracity and credibility of the evidence.
4 / Eddie Echidna sworn in. / Witness / No Institution of Government / No right to remain silent.

SUMMING UP

25 / Clara sums up Crown’s case (Right of Reply) / Crown Prosecutor / Executive / Aimed at Jury. Confirm guilt prove beyond a reasonable doubt, defence failed to create doubt.
44 / Rumpole makes his final address to the court. / Defence Counsel / No Institution of Government / Aimed at the Jury (of fact). Why? To case or create doubt on the Prosecution’s case.
13 / Justice Pelican addresses the Jury / Justice / Judiciary / Outlines points of fact presented at trial and how law should be applied. Explains concept of beyond a reasonable doubt, alternatives e.g. Not Guilty of murder but Guilty of Manslaughter
29 / Jury retires to consider verdict / Jury / No Institution of Government / Consider admissible evidence presented at the trial only, guilt beyond a reasonable doubt principle.
7 / Oliver Owl delivers a guilty verdict. / Jury / No Institution of Government / Composition: Murder unanimous i.e. 12 – 0 guilty or not guilty
Other options:
1.Lesser crime of Manslaughter – majority verdict 10 – 2
2.Hung Jury 6 - 6
40 / Justice Pelican thanks Jury / Jury / No Institution of Government / Jury deliberations (reasons) are confidential
37 / Justice Pelican imposes mandatory sentence / Justice / Judiciary / Mandatory – an authority on command by Parliament in the Criminal Law Consolidation Act (statute) that the penalty for murder is life imprisonment (unlike most penalties eg. up to 20 years)

POST TRIAL PROCESS

2 / Justice Pelican sets a non-parole period of 15 years / Justice / Judiciary / Pre-sentence report e.g. psychological factors, affect on family and friends, past record.
46 / Rumpole lodges an appeal / Supreme Court – Court of Criminal Appeal / Judiciary / Full Court of Supreme Court sitting as the Court of Criminal Appeal.
GROUNDS: Points of Law, Fact, Sentence.
e.g. SENTENCE
Defence: manifestly excessive
Prosecution: manifestly
Indadequate

e.g. LAW – mistrial due to inadmissible evidence permitted, Judge erred in summing up.

14 / Appellate Court finds there is a miscarriage of justice / Supreme Court – Court of Criminal Appeal / Judiciary / Re-trial – NO! Not automatic. It is up to the Attorney-General to decide.