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In this case an appeal is most likely to be made by (A) Judy, against her conviction for manslaughter - HSC - SSCE Legal Studies - Question 20 - 2014 - Paper 1
Question 20
In this case an appeal is most likely to be made by (A) Judy, against her conviction for manslaughter. (B) Judy, as the sentencing judge did not consider aggravating... show full transcript
Worked Solution & Example Answer:In this case an appeal is most likely to be made by (A) Judy, against her conviction for manslaughter - HSC - SSCE Legal Studies - Question 20 - 2014 - Paper 1
Step 1
In this case an appeal is most likely to be made by (C) the Director of Public Prosecutions, as the sentence was inadequate.
Answer
To determine who is most likely to appeal this case, we should consider the likelihood of an appeal based on the circumstances described. Here,
- The appeal by Judy against her conviction for manslaughter (Option A) is less likely because defendants often have limited grounds for appeal unless there are specific legal errors.
- Option B, which suggests Judy appealing on the basis that the sentencing judge did not consider aggravating factors, could be possible but is not the strongest consideration.
- Option D implies an appeal by the Director of Public Prosecutions because the case was not heard by a jury. While this might hold some weight, it's more common that appeals based on sentence inadequacy are initiated by the prosecution.
Therefore, Option C stands out as the most likely scenario. The Director of Public Prosecutions would appear to have a strong case to appeal on the grounds that the sentence given was inadequate given the circumstances of the crime.