A person who has no previous criminal record commits a minor crime - HSC - SSCE Legal Studies - Question 8 - 2016 - Paper 1
Question 8
A person who has no previous criminal record commits a minor crime. The judge finds the person guilty of the offence but does not record a conviction.
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Worked Solution & Example Answer:A person who has no previous criminal record commits a minor crime - HSC - SSCE Legal Studies - Question 8 - 2016 - Paper 1
Step 1
What is this an example of?
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Answer
In this scenario, the judge's decision not to record a conviction despite finding the individual guilty indicates the use of judicial discretion. Judicial discretion allows judges to make decisions based on the unique circumstances of a case, including considerations like the defendant's lack of previous criminal history. Thus, in this instance, the correct answer is (C) Judicial discretion.