We can start with by looking to s 141 of the Evidence Act 1995 (Cth) where the criminal standard of proof is as follows: (1) In a criminal proceeding, the court is not to find the case of the prosecution...
Any person who has been placed under arrest by the police must have their rights explained to them and in the event that this has not occurred, the person should request an explanation of their rights....
A gauge as to the level of seriousness the legislature treats a criminal offence can be ascertained via the maximum penalty. To illustrate the point we can look to s 5(2)(a) of theSentencing Act 1991 (VIC)...
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