District Court Trials
The District court’s business in its Criminal Jurisdiction includes the hearing and determination of trials for indictable offences (or offences that are strictly indictable in nature).
The type of matter determined at trial in the District Court includes; serious offences of a sexually nature, serious drug matters, serious matters of violence and serious fraud matters.
A trial is generally conducted by a Judge and a Jury of 12 person’s. Under certain circumstances an additional 3 persons can be selected. Statutory machinery exists for trials continuing where the death of one or more jurors occurs.
After a jury is selected or empanelled, generally the Prosecution or Crown performs an opening address to the jury.
The defence can, also make an opening address. For certain tactical considerations an opening address is not always performed by the Defence.
Witnesses are also called and are cross-examined.
At the end of the trial both the Prosecution and the Defence making closing addresses to the Jury.
The Judge then also addresses the Jury.
The Jury then retire to consider their verdict.
The law as it currently stands permits a jury if they cannot make a unanimous (i.e. they all agree) decision regarding the guilt or innocence of an accused person they can (after examination on oath) return a majority verdict (meaning a verdict agreed to by 11 jurors of a jury of 12 OR 10 jurors of a jury of 11).
The Jury generally determines the guilt or innocence of an Accused person.
Certain offences require a unanimous verdict e.g. offences against the Commonwealth of Australia.
