N
MONDAY, NOVEMBER 2, 1987
OFFENCE ALLEGED AND
WOULD NORMALLY BE THE MOST IN GENERAL, APPROPRIATE CHARGES SERIOUS REVEALED BY THE EVIDENCE. PROVIDED, HOWEVER, THAT THE CHARGED WAS NOT INAPPROPRIATE TO THE NATURE OF THE FACTS THE COURT'S SENTENCING POWERS WERE ADEQUATE, CONSIDERATION GIVEN TO A LESSER CHARGE IN THE LIGHT OF SUCH FACTORS AS
OF PROOF AND PROBABLE LINES OF TRIAL, MODE OF TRIAL, SUFFICIENCY DEFENCE.
BARGAINING
WITH THE
MIGHT BR SPEED OF
HE EXPLAINED THAT AN ELEMENT OF MIGHT ENTER INTO THIS PROCESS, SINCE he GUILTY TO LESSER CHARGES. BUT THAT WAS STRICTLY A MATTER PROSECUTION AND THE
THE ACCUSED.
COURTS REGARDED CHARGE-BARGAINING AS A QUESTIONABLE PRACTICE AND WOULD
ACCUSED MIGHT BE WILLING TO PLEAD BETWEEN THE PLEA OR PLAY No PART
IN IT.
ARE
WHEN CONSPIRACY CHARGES
SUBSTANTIVE
"PARTICULAR CARE HAS TO BE EXERCISED UNDER CONSIDERATION. WHENEVER POSSIBLE, SHOULD BE LAID. IT IS NOTORIOUS THAT CONSPIRACY TRIALS CAN BE AND LENGTHY.
CHARGES COMPLEX
ONLY
"THERE ARE, HOWEVER, OCCASIONS WHEN A CONSPIRACY CHARGE IS ONE WHICH
ON THE AVAILABLE EVIDENCE IS APPROPRIATE ADEQUATELY REFLECTS THE CRIMINALITY OF THE CASE," MR THOMAS SAID.
THE
AND
"ALL
THE TURNING TO THE SUBJECT OF CAUTIONING, MR THOMAS SAID
NO TO PROSECUTE OR TO TAKE
FURTHER ACTION OR NOTHING" APPROACH
CIRCUMSTANCES WAS NOT ALWAYS SUFFICIENTLY FLEXIBLE TO ACCOMMODATE THE
ALL OFFENDERS, PARTICULARLY IN THE OF ALL OFFENCES AND
FIELD OF
CORRUPTION.
"ACCORDINGLY, IN NOVEMBER OF LAST YEAR, FOR OFFENCES CAUTIONING
INVESTIGATED SCHEME COMMISSION AGAINST CORRUPTION," HE SAID.
ITSELF.
I APPROVED A FORMAL BY THE INDEPENDENT
TO THE ICAC
THE INITIATIVE FOR THIS SCHEME OWED A GREAT DEAL
SCHEME REAFFIRMED THE THE GUIDELINES FOR THE ICAC CAUTIONING PRINCIPLE THAT IN GENERAL, PROSECUTION SHOULD TAKE PLACE WHERE, FIRST, THERE WAS SUFFICIENT EVIDENCE TO SUPPORT A PROSECUTION AND, THE PUBLIC INTEREST REQUIRED IT.
SECONDLY,
OR THERE WERE, HOWEVER, CASES WHICH WERE NOT MERELY OF A MINOR
REQUIRE THAT A TRIVIAL NATURE BUT WHERE THE PUBLIC INTEREST DID NOT
THESE OF COURSE.
WERE CASES PROSECUTION SHOULD FOLLOW AS A MATTER
THE NATURE WHERE, BY VIRTUE OF EITHER AN OFFENDER'S CIRCUMSTANCES OR OF THE OFFENCE, OR BOTH,
BE INTEREST COULD
ADEQUATELY SERVED BY A FORMAL CAUTION BRING GIVEN TO THE SUSPECT.
THE PUBLIC
/"OFFICERS Or
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