Kim pleads not guilty to a charge of murder - HSC - SSCE Legal Studies - Question 19 - 2023 - Paper 1
Question 19
Kim pleads not guilty to a charge of murder. Kim’s request for a trial without a jury is granted.
Which of the following applies to the trial?
A. Kim will have to ... show full transcript
Worked Solution & Example Answer:Kim pleads not guilty to a charge of murder - HSC - SSCE Legal Studies - Question 19 - 2023 - Paper 1
Step 1
A. Kim will have to prove his innocence.
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Answer
In a trial without a jury, the defendant is presumed innocent until proven guilty, meaning Kim does not have to prove his innocence.
Step 2
B. The judge will provide reasons for the verdict.
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Answer
This statement is correct. The judge is required to provide a reasoned verdict, especially in a non-jury trial, where the decision is made by the judge alone.
Step 3
C. The case will be decided on the balance of probabilities.
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This statement is incorrect for a murder trial. In criminal cases, the burden of proof is 'beyond a reasonable doubt,' not the balance of probabilities, which applies to civil cases.
Step 4
D. A plea bargain will determine the length of the sentence.
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This is also incorrect. A plea bargain occurs if the defendant pleads guilty to a lesser charge, which is not applicable in this context since Kim is pleading not guilty.
