Page updated on: Friday April 23, 2010
The defended hearing usually happens two to three months after the status hearing. This is your opportunity to test the Police case and present your evidence.
Nothing that was said at the status hearing can be used. All the evidence must be presented to the Judge. The prosecution must prove guilt “beyond reasonable doubt” for you to be convicted of the charge.
The prosecutor will start a defended hearing by outlining the circumstances of the case and then present their case by calling witnesses. Each prosecution witness can be cross-examined by the defence lawyer (or you if you are representing yourself). The prosecutor then has the chance to re-examine the witness if a matter raised in cross-examination needs to be clarified.
Once the prosecution has presented their case the defence can call evidence. You, as the defendant, are not obligated to give evidence yourself. If any witnesses are called they can also be cross-examined by the prosecutor.
In some cases a defendant can ask for the case to be dismissed on completion of the prosecution evidence. This application would be on the grounds that the evidence presented does not prove the elements of the offence to the required standard. In these cases the defendant has “no case to answer”.
The Judge can ask questions of any party at any time. Once the defence and prosecution evidence has been heard either party can make submissions to the Judge about the legal aspects of the case.
The Judge will either give a decision then or “reserve” it to be delivered at a later date. Sentencing may also take place then or at a later date if a pre-sentence report is required or if the decision is reserved.
‘A peek in the courthouse’