Difference between revisions of "Pleading Not Guilty and Criminal Trials (1:VII)"

Pleading Not Guilty and Criminal Trials (1:VII) (view source)

7 bytes removed , 22:29, 30 August 2021

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 # Crown indicates that their case is closed.
 # Defence/accused can choose to:
-:::* make a “no evidence” motion (this is done prior to deciding to call evidence);
+## make a “no evidence” motion (this is done prior to deciding to call evidence);
-:::* choose not to call any evidence; or
+## choose not to call any evidence; or
-:::* call defence witnesses.
+## call defence witnesses.
 # If a defence is called, they can then call witnesses, starting with the evidence of the accused as their evidence should not be tainted by hearing the evidence of other defence witnesses prior to the accused giving evidence. Crown may cross-examine each witness as they are called.
 # If a defence was called, defence counsel makes closing submissions, then Crown.
 # If a defence was not called, Crown makes closing submissions first, and then defence counsel.
-# 1The judge will consider the facts and law, make findings of fact and give their decision and reasons. If the accused is found guilty, a Pre-Sentence Report (PSR) may be ordered. If one is not ordered, the judge will then hear sentencing submissions.
+# The judge will consider the facts and law, make findings of fact and give their decision and reasons. If the accused is found guilty, a Pre-Sentence Report (PSR) may be ordered. If one is not ordered, the judge will then hear sentencing submissions.
 === 2. Nature of the trial ===