Role Of Obiter Dictum In Australia

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In the criminal system, courts are an effective means of achieving justice. Courts are an official process which has a formal criminal trial process and in the eyes of the society it reflects the notion of justice being achieved. However they are certainly not the only means of attaining justice as there are other alternative methods such as the criminal investigation process and non-legal mechanisms which can also be successful procedures in terms of reaching justice. The criminal trial process is an efficient means of achieving justice as courts present a variety of facts to investigate the issue and evaluate close to the truth, thus determining a relevant verdict. The concepts of burden and standard of proofs is critical in deciding the…show more content…
A victim’s impact judgement is also presented when sentencing to allow for the insights of the crime on the victim as well as implementing the rights of the victims on the decision. Judicial discretion and the concept of 'obiter dictum' play an important role in achieving justice in the criminal justice system as judges are allowed to express their own opinions and perceptions while considering the aggravating and mitigating factors of the accused. This was evident in the Osland v R case which dealt with the issue of battered woman syndrome for the first time in Australia and the decision was made obiter dictum- "that abusive relationships are not gender specific". Justice within the community is attained by sentencing and punishments which benefit the welfare of the community as the purpose of punishments allow for rehabilitation of many offenders. Plea bargaining and charge negotiation is also an aspect of the criminal trial system which is an agreement of guilt between the prosecution and offender as it may predetermine a reduce of sentence and reduce the time spent in the court. Charge negotiation is one of the main ways discretion is used in the court and adjudication process. In over 80% of

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