The laying of charges is a **complex** matter with no right or wrong method. There are differing views & this should be considered when determining what you should charge an individual with. >[!recommendation] >Ensure Points of Proof are covered & avoid alternative charges for tactically advantageous early pleas, as this may taint your view on the evidence you have. # The Victorian Law Reform Commission VLRC is a central agency for law reforms in Victoria. They wrote a [long article](https://www.lawreform.vic.gov.au/publication/committals/8-charging-practices/) going through this. The most importantly say: >[!quote] >*"Appropriate charging is important for ensuring fair trial rights, efficiency in the criminal justice system, and to minimise trauma for victims and witnesses. Charges filed against an accused person must be evidence-based."* They then provide three different types of 'overcharging' being **alternative** charging, **discrete event** charging & **inflated** charging. ## Alternative Charging > [!example] > Dave assaults Tim causing an injury. Dave has committed an Intentionally Cause Injury offence. Police charge Dave with Intentionally Cause Injury, Recklessly Cause Injury & Unlawful Assault. - Alternative charging has a statutory basis, see Crimes Act 1958 Sections 421 to 435. - It can be warranted where charges must be filed in a young investigation. - Having the less serious charges means if the more serious are withdrawn, the lesser can be dealt with immediately. ## Discrete Event Charging >[!example] >Steve commits Obtain Property By Deception over the course of 20 days. Police charge Steve with 20 counts of Obtain Property By Deception. - There is no basis for this kind of charging in statute. - The practice reflects police culture. - There isn't always a course of conduct charge that would be more appropriate. ## Inflated Charges Charging someone without enough evidence & relying on speculative evidence to lay more serious charges instead of ticking off the points of proof. ## The Consequences of Overcharging - More charges can affect someones likely bail outcome (it looks like they did more offending). - It can potentially undermine a fair trial, re-trials can be traumatic for witness & victims. - It can undermine efficiency with some reporting that, "having so many charges at the outset is problematic because psychologically, the tendency of the accused is to want to respond by flipping one finger up to the prosecution." ## Recommendations Do not charge someone with the view of 'early pleas' being advantageous as this may be contrary to what evidence you have to support a charge.