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John has been charged with an indictable offence - VCE - SSCE Legal Studies - Question 1 - 2019 - Paper 1
Question 1
John has been charged with an indictable offence. He has pleaded not guilty. The victims are worried about giving evidence at the upcoming trial, which is expected t... show full transcript
Worked Solution & Example Answer:John has been charged with an indictable offence - VCE - SSCE Legal Studies - Question 1 - 2019 - Paper 1
Step 1
Explain one reason why a sentence indication may not be appropriate in this case.
Answer
A sentence indication may not be appropriate in this case due to the nature of the charges and the potential severity of the sentence that John could face if convicted. Since the victims are concerned about giving evidence during a lengthy trial, this indicates that the case may involve significant emotional and physical implications that could influence the judge's discretion. Furthermore, if the judge lacks adequate information about the case, such as juror opinions or details of the victims' statements, it may hinder making a fair and informed decision regarding a sentence indication.
Step 2
Describe one impact that a guilty plea may have on John's criminal case.
Answer
A guilty plea may lead to a more lenient sentence compared to a conviction after trial. This is because the court often views a guilty plea as a sign of remorse and a willingness to accept responsibility for the crime. Additionally, choosing to plead guilty could prevent the trauma of a prolonged trial for both John and the victims, potentially bringing closure more swiftly. However, it may also result in John losing the opportunity to contest the charges if he later finds evidence that could have been favorable during a trial.