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John, who is 17 years old, is charged with grievous bodily harm - HSC - SSCE Legal Studies - Question 19 - 2021 - Paper 1
Question 19
John, who is 17 years old, is charged with grievous bodily harm. He has a number of prior convictions for violent assault. What penalty is John most likely to recei... show full transcript
Worked Solution & Example Answer:John, who is 17 years old, is charged with grievous bodily harm - HSC - SSCE Legal Studies - Question 19 - 2021 - Paper 1
Step 1
What penalty is John most likely to receive?
Answer
In assessing the most likely penalty for John, several factors must be taken into consideration. Given that John is 17 years old and has prior convictions for violent assault, the court may lean towards a more serious consequence.
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Control Order: This option is a form of supervision and may be appropriate; however, it is often reserved for less severe offenses. Given the gravity of John’s charge of grievous bodily harm, a control order may not suffice.
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Suspended Sentence: A suspended sentence could be a possibility, but this option usually applies when the offender is deemed less dangerous, which is questionable given John's violent history.
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Home Detention Order: This penalty could be applied, allowing monitoring of John while permitting some degree of freedom. However, it is often not used in cases of grievous bodily harm.
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Community Service Order: While this is a corrective measure, given the seriousness of grievous bodily harm, it may be seen as too lenient for someone with John's background.
Based on the severity of the charge and John's history, the most likely outcome is a Control Order (A), as it provides supervision while recognizing the need for accountability in the context of his age and prior convictions.