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Jane has been charged with manslaughter - VCE - SSCE Legal Studies - Question 5 - 2012 - Paper 1
Question 5
Jane has been charged with manslaughter. She has decided to plead not guilty. a. Jane has been told that she will either be remanded or granted bail. Explain the di... show full transcript
Worked Solution & Example Answer:Jane has been charged with manslaughter - VCE - SSCE Legal Studies - Question 5 - 2012 - Paper 1
Step 1
Explain the difference between remand and bail.
Answer
Remand and bail are two crucial procedures in the pre-trial process:
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Remand: This occurs when the accused is held in custody until their trial. The primary purpose of remand is to ensure that the accused appears in court for their trial and does not pose a risk to the community or interfere with the ongoing investigation. A person may be remanded if they are considered a flight risk or a danger to others. In essence, remand implies that the accused will remain in custody without the possibility of release until the trial is concluded.
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Bail: In contrast, bail allows the accused to be released from custody under certain conditions until their trial date. It typically requires the accused to provide a financial guarantee (a monetary amount) to ensure their appearance in court. Conditions may include presenting themselves at scheduled court dates or other restrictions such as surrendering their passport. Bail's fundamental aim is to allow the accused to remain in the community and continue their lives while awaiting trial, provided they adhere to the specified conditions.
Step 2
If Jane is found guilty, identify one sanction that may be imposed and describe its purpose.
Answer
A possible sanction that may be imposed on Jane, if found guilty of manslaughter, is a prison sentence. The primary purpose of a prison sentence is to serve as a punishment for the crime committed while also acting as a deterrent for both the individual and the community. It seeks to protect society from individuals who have committed serious offenses and aims to rehabilitate the offender. Additionally, it reinforces the idea that such actions have grave consequences, promoting a safer society.