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David has been charged with armed robbery and his trial is due to start in two weeks - VCE - SSCE Legal Studies - Question 10 - 2003 - Paper 1
Question 10
David has been charged with armed robbery and his trial is due to start in two weeks. i. David faced a committal proceeding before his trial. Outline the criminal j... show full transcript
Worked Solution & Example Answer:David has been charged with armed robbery and his trial is due to start in two weeks - VCE - SSCE Legal Studies - Question 10 - 2003 - Paper 1
Step 1
i. Outline the criminal jurisdiction of the court which heard this proceeding.
Answer
The committal proceeding in question is typically heard in the Magistrates’ Court. This court has the jurisdiction to deal with summary offences, which are minor offences, and certain indictable offences, which can be heard summarily at the discretion of the court. These offences can include various minor crimes that do not require a jury.
Step 2
ii. Describe the purpose of two other pre-trial proceedings David may have faced prior to his case coming to trial.
Answer
Another pre-trial proceeding that David may have faced is the application for bail. The purpose of bail is to ensure that the accused can return for trial while allowing them to maintain their liberty under certain conditions. This upholds the principle of presumption of innocence until proven guilty.
Additionally, David may have undergone police questioning before his trial. The purpose of police questioning is to gather evidence and information pertinent to the case, which may assist in determining the circumstances surrounding the alleged crime and assessing the reliability of any witness statements.
Step 3
iii. In which court is it most likely that David's trial will take place and why?
Answer
David's trial will most likely take place in the Crown Court. This court has jurisdiction over serious criminal cases, including those involving indictable offences such as armed robbery. The Crown Court can conduct trials with a jury, which is appropriate for the severity of the charges against David.
Step 4
iv. Explain one purpose of criminal sanctions.
Answer
One purpose of criminal sanctions is deterrence. This aims to prevent the offender and others in society from committing similar offences in the future. By imposing a punishment, such as imprisonment or fines, the legal system seeks to deter criminal behavior by demonstrating that there are consequences for unlawful actions.