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VIC Criminal Code 1995 - What Rules of Discovery Should Apply?

Discussion in 'Criminal Law Forum' started by Timboz, 13 September 2016.

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  1. Timboz

    Timboz Member

    9 September 2016
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    Apparently most cases are tried under the Local Court under s.135.2(1) of the Criminal Code 1995, which is federal. The more serious ones are in the District Court.

    So a federal offence, tried in a local court. So what rules of discovery would apply?

    Would it be the (VIC) Magistrates court criminal procedure rules 2009? Or some other rules?
  2. Iamthelaw

    Iamthelaw Well-Known Member

    13 September 2016
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    With federal offences the jurisdiction is vested in the state courts. There is no specific 'crimes power' in the constitution a la legislation creates criminal offences. Section 77(iii) of the Constitution vests Commonwealth Parliament with the power to vest state courts with federal jurisdiction. Also see s68 of the Judiciary Act.

    Trials of commonwealth indictable offences are held in the State where the offence was committed (s80 Constitution).

    Therefore, federal criminal offences are heard in state courts using state criminal procedure and evidence law.

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