Photo AI
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 court that heard David’s committal proceeding is likely the Magistrates' Court. The criminal jurisdiction of the Magistrates' Court involves handling summary offences as well as certain indictable offences that can be processed without a jury. This permits the court to address minor offences and make decisions regarding the appropriate legal proceedings for more serious indictable offences.
Step 2
Describe the purpose of two other pre-trial proceedings David may have faced prior to his case coming to trial.
Answer
One pre-trial proceeding David may have encountered is 'Bail'. The purpose of bail is to allow an accused person to remain free until their trial under specific conditions, reaffirming the presumption of innocence and enabling the accused to maintain their personal and professional responsibilities.
Another possible pre-trial procedure is 'Police Questioning'. This procedure involves gathering evidence through questioning the accused prior to the trial, which is crucial for forming a case against the accused and determining the facts surrounding the charge.
Step 3
In which court is it most likely that David’s trial will take place and why?
Answer
David’s trial is likely to take place in the County Court. This is because the County Court has the jurisdiction to hear serious criminal cases, including armed robbery, and determines the severity of the offence along with appropriate sentencing.
Step 4
Explain one purpose of criminal sanctions.
Answer
One key purpose of criminal sanctions is deterrence. Deterrence aims to prevent both the convicted individual and the general public from committing similar offences in the future. By imposing penalties such as imprisonment or fines, the legal system seeks to reinforce societal norms and discourage any behavior that disturbs public order.