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John has been charged with an indictable offence - VCE - SSCE Legal Studies - Question 1 - 2019 - Paper 1
Question 1
John has been charged with an indictable offence. He has pleaded not guilty. The victims are worried about giving evidence at the upcoming trial, which is expected t... show full transcript
Worked Solution & Example Answer:John has been charged with an indictable offence - VCE - SSCE Legal Studies - Question 1 - 2019 - Paper 1
Step 1
a. Explain one reason why a sentence indication may not be appropriate in this case.
Answer
One reason why a sentence indication may not be appropriate in John's case is that the judge may lack sufficient information regarding the impact on the victims. Since the trial is high-stakes and the victims are anxious about giving evidence, the judge might regard the severity of the charges as warranting a more thorough examination than what a sentence indication provides. Therefore, a sentence indication could be seen as inadequate for addressing the details surrounding the case.
Step 2
b. Describe one impact that a guilty plea may have on John’s criminal case.
Answer
A guilty plea may lead to a more lenient sentence for John, as demonstrating remorse can positively influence the judge’s decision. Additionally, pleading guilty might expedite the court process by avoiding a lengthy trial. This could alleviate some stress for the victims, who are concerned about the upcoming trial, and allow John to take responsibility for his actions sooner.