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Bruce, aged 18, has been charged with breaking into a house and stealing a plasma television - VCE - SSCE Legal Studies - Question 6 - 2007 - Paper 1
Question 6
Bruce, aged 18, has been charged with breaking into a house and stealing a plasma television. He has decided to plead 'not guilty' to the charge and have it heard in... show full transcript
Worked Solution & Example Answer:Bruce, aged 18, has been charged with breaking into a house and stealing a plasma television - VCE - SSCE Legal Studies - Question 6 - 2007 - Paper 1
Step 1
Bruce could have this case tried in another court if he wanted to
Answer
Bruce has the option to have his case heard in a Crown Court instead of the Magistrates' Court. Generally, cases involving serious charges can be tried in higher courts, and defendants have the right to choose their court of trial depending on the circumstances. For example, he may feel that a Crown Court jury might be more sympathetic, or he may want the legal representation available in a higher court.
Step 2
if Bruce is convicted in the Magistrates' Court, there is more than one possible appeal available to him
Answer
If convicted in the Magistrates' Court, Bruce does have the right to appeal the decision. Generally, he can appeal based on legal grounds, such as procedural errors during the trial, or on the grounds that the sentence was excessively harsh. The appeal would typically be made to the Crown Court, and in some circumstances, he could also pursue further appeal options to a higher court, such as the Court of Appeal, depending on the nature of the case and the grounds for appeal.
Step 3
Do you agree with Danni's advice?
Answer
I agree with Danni's advice. Bruce does have choices regarding where his case can be tried, and he is not limited to just one court. Furthermore, knowing the different appeal options available to him after a conviction provides Bruce with important legal pathways to consider in case of an unfavorable outcome. It is vital for him to be well-informed about these options to make the best possible decisions about his defense.