Based in Australia Qld

Scenario 1

One Saturday evening, David 'Evil' Keneval (38 years old) was enjoying himself at a BBQ at his neighbour's house. After a few beers 'Evil' decided to enter into a conversation with his neighbour, Jack Green. Keneval and Green began by talking about football however the conversation turned to the question of refugees. The conversation quickly became very heated as Keneval's father was a refugee and Green was a 'bogan' and extremely racist. Green finally lost his temper and yelled to Keneval "you and your lot should go back to where you came from".

Keneval then lost his temper and retaliated by smashing the top off his VB stubby bottle and struck Green once to the right side of face with the jagged edges of the broken stubby bottle. The police and an ambulance were called. Green suffered from a large laceration to his right cheek requiring 80 stitches ($1,500 in medical expenses) and was unable to return to work for two months ($8,000 lost wages). He was further devastated when his girlfriend left him due to the hideous injury to his face.

The police subsequently charged Keneval with 1 x Wounding pursuant to s.323(1) of the Criminal Code which states:

(1)A person who unlawfully wounds anyone else commits a misdemeanour.

Maximum penalty - 7 years imprisonment.

Based on the above scenario answer the following question.

Q. Use your knowledge of the criminal justice process to explain the implications of David Kenevel entering a plea of not guilty. Explain the court process Keneval would be subject to if he chose to plead not guilty to the offence. Use the following sub-headings to structure your response.

a)The relevant steps in the criminal court process (which courts will he appear in and why).

b)The classification of the offence Keneval is being charged with. (Hint: Is it a crime/misdemeanour/simple offence? Is it indictable/non-indictable?)

c)Which court has jurisdiction to hear the matter? Explain the steps you took to arrive at your final answer.