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Casey faces a criminal trial next week in the County Court of Victoria - VCE - SSCE Legal Studies - Question 4 - 2014 - Paper 1
Question 4
Casey faces a criminal trial next week in the County Court of Victoria. a. Has Casey been charged with a summary offence or an indictable offence? Justify your answ... show full transcript
Worked Solution & Example Answer:Casey faces a criminal trial next week in the County Court of Victoria - VCE - SSCE Legal Studies - Question 4 - 2014 - Paper 1
Step 1
Has Casey been charged with a summary offence or an indictable offence? Justify your answer.
Answer
Casey has been charged with an indictable offence. This is justified as Casey is facing a trial in the County Court, which has the jurisdiction to hear indictable offences. Summary offences are typically dealt with in lower courts like the Magistrates' Court. Therefore, since Casey's trial is set in the County Court, it indicates that the nature of the charge is more serious, aligning with it being an indictable offence.
Step 2
Describe one factor that can influence the composition of the jury in Casey’s trial.
Answer
One factor that can influence the composition of the jury is random selection. Potential jurors are selected randomly from the electoral roll of individuals who are 18 years or older. This ensures a diverse cross-section of the community is represented, as it minimizes biases related to profession, socioeconomic status, and other demographic factors.
Step 3
Identify one sanction that may be handed down if Casey is found guilty. Describe one of its purposes.
Answer
One sanction that may be handed down if Casey is found guilty is imprisonment. The purpose of imprisonment is to serve as a punishment for the violation of law, as well as to act as a deterrent to both the offender and society at large. It aims to prevent the individual from committing further crimes, while also emphasizing the consequences of unlawful behaviour to others.