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James has been involved in a serious car accident and has been charged with culpable driving - VCE - SSCE Legal Studies - Question 4 - 2007 - Paper 1
Question 4
James has been involved in a serious car accident and has been charged with culpable driving. At the conclusion of the committal hearing he was committed to stand tr... show full transcript
Worked Solution & Example Answer:James has been involved in a serious car accident and has been charged with culpable driving - VCE - SSCE Legal Studies - Question 4 - 2007 - Paper 1
Step 1
Explain the purpose of a committal hearing.
Answer
The primary purpose of a committal hearing is to determine whether there is sufficient evidence to support a conviction against the accused. This process assesses if there is a 'prima facie case', which means that enough evidence exists for the case to proceed to trial. Essentially, it ensures that the legal proceedings are justified and that the court's resources are not misused. If the evidence presented does not meet this criterion, the accused may be discharged.
Step 2
Outline one reason why bail can be refused.
Answer
Bail can be refused if the accused is deemed to be a danger to society or at risk of absconding. Law enforcement may present evidence indicating that releasing the individual could endanger public safety, particularly if the charges are severe or if the individual has a history of failing to comply with bail conditions.
Step 3
Outline one purpose of one criminal sanction which could be imposed if James is found guilty at his trial.
Answer
One purpose of a criminal sanction that could be imposed on James if found guilty is deterrence. The aim of this sanction would be to discourage not only James but also the wider community from engaging in similar behavior, such as culpable driving. Punitive measures, including imprisonment or fines, serve to reinforce societal norms and highlight the consequences of such actions.