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Anne is charged with murder - HSC - SSCE Legal Studies - Question 13 - 2015 - Paper 1

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Anne is charged with murder. The prosecution and defence enter a charge negotiation and Anne agrees to plead guilty to manslaughter. What must the judge do? (A) Re... show full transcript

Worked Solution & Example Answer:Anne is charged with murder - HSC - SSCE Legal Studies - Question 13 - 2015 - Paper 1

Step 1

What must the judge do?

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Answer

In this scenario, the judge must consider the agreement made between the prosecution and the defence. This is an essential part of the judicial process when a plea negotiation occurs.

Explanation:

When a defendant, like Anne, agrees to plead guilty to a lesser charge, it is the judge's role to evaluate whether the plea is appropriate and complies with legal standards. The judge cannot simply accept or reject the agreement without consideration. Therefore:

  • The judge reviews the facts of the case.
  • The judge ensures that the plea is entered voluntarily and intelligently.

Thus, the correct course of action is to consider the agreement.

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