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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
Outline the criminal jurisdiction of the court which heard this proceeding.
Answer
The criminal jurisdiction of the Magistrates' Court primarily involves hearing minor offences or summary offences. It can also address indictable offences that are heard summarily. Essentially, this court specializes in easy-to-navigate cases that require a quicker, more efficient legal process, ensuring that justice is administered without unnecessary delays.
Step 2
Describe the purpose of two other pre-trial proceedings David may have faced prior to his case coming to trial.
Answer
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Bail Application: One of the key pre-trial proceedings could be the bail application, which allows David to secure his release while awaiting trial, under the condition that he adheres to specific terms. This process aims to balance the rights of the accused, ensuring he remains innocent until proven guilty, while also considering the safety of the community.
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Police Questioning: Another possible pre-trial procedure may include police questioning, where law enforcement officials gather evidence and statements. This stage is crucial as it helps establish a factual basis for the accusations against David while also allowing him a chance to present his side of the story.
Step 3
In which court is it most likely that David’s trial will take place and why?
Answer
David's trial is most likely to take place in the County Court. This court has the jurisdiction to handle serious criminal cases, particularly those involving significant penalties. Given the armed robbery charge, which is a more severe offence, the County Court is equipped to manage the complexities associated with such cases.
Step 4
Explain one purpose of criminal sanctions.
Answer
One primary purpose of criminal sanctions is deterrence. This concept serves to discourage both the individual offender and the broader public from committing similar acts in the future. By enforcing penalties, such as imprisonment or fines, the legal system aims to instill a sense of consequence, thereby promoting adherence to the law.
Step 5
Discuss the views expressed in this statement.
Answer
The statement regarding the adversary system highlights that although it provides a structure for resolving civil disputes effectively, it may also present challenges, such as excessive legal costs and lengthy procedures. Mediation is often preferred as it can offer a more amicable and expedited resolution, allowing parties to engage in constructive dialogue without the adversarial tensions common in courtroom settings. By fostering mutual understanding, mediation often leads to more satisfactory outcomes for all involved.