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James has been involved in a serious car accident and has been charged with culpable driving - VCE - SSCE Legal Studies - Question 4 - 2007 - Paper 1
Question 4
James has been involved in a serious car accident and has been charged with culpable driving. At the conclusion of the committal hearing he was committed to stand tr... show full transcript
Worked Solution & Example Answer:James has been involved in a serious car accident and has been charged with culpable driving - VCE - SSCE Legal Studies - Question 4 - 2007 - Paper 1
Step 1
Explain the purpose of a committal hearing.
Answer
The primary purpose of a committal hearing is to determine whether there is sufficient evidence to support a conviction against the accused. It assesses whether the case against the person charged is strong enough to proceed to trial. Specifically, committal hearings aim to establish a 'prima facie case'—meaning there must be enough evidence for a reasonable jury to convict if the case were to be tried. This process ensures that trials are not a waste of time and resources when evidence is insufficient.
Step 2
Step 3
Outline one purpose of one criminal sanction which could be imposed if James is found guilty at his trial.
Answer
One purpose of a criminal sanction that could be imposed if James is found guilty is deterrence. This means that the punishment is intended to discourage both the offender and others in society from committing similar crimes in the future. By imposing a sentence, it reinforces the seriousness of the offense and aims to prevent recurrence.