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Provide one circumstance in which sentencing indications would be appropriate in determining a criminal case - VCE - SSCE Legal Studies - Question 4 - 2023 - Paper 1
Question 4
Provide one circumstance in which sentencing indications would be appropriate in determining a criminal case. Justify your response.
Worked Solution & Example Answer:Provide one circumstance in which sentencing indications would be appropriate in determining a criminal case - VCE - SSCE Legal Studies - Question 4 - 2023 - Paper 1
Step 1
One circumstance in which sentencing indications would be appropriate
Answer
One circumstance where sentencing indications would be appropriate is when the accused is considering whether to plead guilty, but has concerns that may deter them from doing so. In this case, the judge can provide a sentencing indication to give the accused a clearer understanding of the potential outcome should they choose to plead guilty. This helps in alleviating fears about sentencing severity, allowing the accused to make an informed decision.
Step 2
Justification of the circumstance
Answer
The justification for this circumstance stems from the need for clarity and support in the judicial process. If the accused is uncertain about the repercussions of a guilty plea, a sentencing indication can provide essential insight into what the likely sentence would be, thus reducing anxiety associated with the decision. This ensures that the accused is not overwhelmed by the potential outcomes and contributes to a more efficient judicial process by encouraging resolution of the case without extensive trials.