The Law Handbook 2024

166 SECTION 3: Fines, infringements and criminal law • the extent of any proposed admissions; and • the probative value of the proposed evidence of the witness; and • the issues in dispute; and • the weight of the proposed evidence of the witness; and • any statements of other witnesses that contradict the proposed evidence of the witness. The Magistrates’ Court must not grant leave to cross-examine a witness unless the court is satisfied that the accused has identified an issue to which the proposed questioning relates and has provided a reason why the evidence of the witness is relevant to that issue and cross-examination of the witness on that issue is justified. If leave is granted the court must state the reasons why and identify each issue on which the witness may be cross-examined (s 124A of the CP Act). A specified witness includes the complainant in relation to a charge for a sexual offence, or an offence where the conduct constituting the offence consists of family violence within the meaning of the Family Violence Protection Act 2008 (Vic). If the matter does not resolve, then the victim/ complainant may need to give evidence at the trial. If the complainant is an adult, and does not have a cognitive impairment, they must attend court. When a complainant gives evidence in court, the court can provide alternative arrangements to make the complainant as comfortable as possible (e.g. evidence can be given by closed-circuit television, so the complainant doesn’t have to be in the court room). Also, sometimes at the County Court and Magistrates’ Court, a private room is available for complainants to wait in before their court appearance. For more information about the facilities available for complainants, contact Court Network or the criminal registry at the court (see ‘Contacts’ at the end of this chapter). If the accused pleads guilty, the complainant does not need to give evidence. Any information that identifies a victim of a sexual offence usually cannot be published. Sentencing Either after a guilty plea or a guilty verdict, the offender will be sentenced. The judge or magistrate may consider a range of factors when sentencing, including aggravation (e.g. the use of weapons, infliction of physical injury, or threats), the accused’s character, the need for punishment, and the need to deter the accused and others from committing offences, as well as the potential for the accused to be rehabilitated. The judge or magistrate may also consider the impact on the victim and those associated with the victim. The impact is mainly determined by the victim impact statement. A victim impact statement outlines how the crime has affected the victim. The victim impact statement must be prepared prior to sentencing and made available to the prosecutor, the court and the accused’s lawyer. The accused may appeal against the conviction and/or sentence. Victim compensation A victim of sexual assault may also seek victims of crime compensation. See Chapter 10.6: Assistance for victims of crime. For more information about these options, contact a community legal service, Victoria Legal Aid or a private lawyer (see Chapter 2.2: How legal aid can help, Chapter 2.4: Legal services that can help). Contacts For information and advice, or counselling, support, advocacy, legal and medical services in relation to a sexual assault, contact the following services. Centres Against Sexual Assault (CASAs) Tel (crisis line): 1800 806 292 (24/7) Web: www.casa.org.au There are CASAs throughout metropolitan and regional Victoria; see the CASA website for their addresses. Court Network Tel: 8306 6966 Email: admin@courtnetwork.com.au Web: www.courtnetwork.com.au Available Monday to Friday between 9am and 4pm Djirra Tel: 1800 105 303 Email: info@djirra.org.au Web: www.djirra.org.au Practical support for Aboriginal women and those who are currently experiencing family violence or have in the past. There are Djirra offices throughout Victoria; see Djirra’s website for the addresses.