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Legal Studies > sanctions (lesson 10 - lesson 22) > Flashcards

sanctions (lesson 10 - lesson 22) Flashcards

1
Q

lesson ten

when does a sentencing hearing occur?

A
  • when it becomes evident that the accused will plead guilty & so there will be no need for a contested trial
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2
Q

lesson ten

what occurs in a sentencing hearing?

A
  • no jury will be required
  • the prosecution will present a summary of evidence
  • prior convictions will be read
  • character evidence might be presented by defence counsel
  • the judge will determine a sentence
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3
Q

lesson ten

what will occur if the accused pleads not guilty or does not enter a plea?

A
  1. appearences are entered (barristers announce on whose behalf they appear)
  2. arraignment: defendant is formally advised of the charges & is asked to enter a plea (guilty or not guilty)
  3. jury is empanelled: jury of 12 selected for trial
  4. opening addresses: prosecution & defence present opening statements to the court
  5. prosecution’s case is put forward
  6. “no case” submission
  7. defence’s case is put forward
  8. closing addresses by the prosecution, then the defence
  9. judges summary
  10. jury’s verdict delivered
  11. plea hearing
  12. sentence hearing
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4
Q

lesson ten

what happens when the prosecution’s case it put forward (step 5)?

A
  • examination in chief - prosecution calls & questions its own witnesses
  • cross-examination - questions asked of prosecution witnesses by defence counsel
  • re-examination - prosecution can ask further questions of the witness to clarify matters
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5
Q

lesson ten

what happens when the defence’s case is put forward
(step 7)?

A
  • examination in chief - defence calls & questions its own witnesses
  • cross-examination - questions asked of defence witnesses by prosecution
  • re-examination - defence can ask further questions of the witness to clarify matters
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6
Q

lesson ten

what is a “no case” submission (step 6)?

A
  • defence counsel can submit that there is no case to answer if it is believed the prosecution has not proven the accused’s guilt
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6
Q

lesson ten

what happens when the defence’s case is put forward
(step 7)?

A
  • examination in chief - defence calls & questions its own witnesses
  • cross-examination - questions asked of defence witnesses by prosecution
  • re-examination - defence can ask further questions of the witness to clarify matters
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7
Q

lesson ten

what is the judge’s summary?

A
  • the judge sums up the case & directs the jury; the jury will retire to consider the verdict
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8
Q

lesson ten

what is the plea hearing
(step 11) ?

A
  • if the verdict is guilty, the convicted criminal will need to be sentenced. before a sentence is decided, the prosecution & the defence will present information they want the judge to take into account when deciding on the sentence, at a plea hearing
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8
Q

lesson eleven

what is the first step of the jury selection process?

A
  • names of potential jurors are randomly selected from the electoral roll by the chief electoral officier.
  • this is requested by the juries commissioner
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9
Q

lesson eleven

what is the second step on the jury selection process?

A
  • a questionnaire is sent to potential jurors who have been randomly selected from the roll
  • questionnaire is returned to the juries commissioner
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10
Q

lesson eleven

what is the third step of the jury selection process?

A
  • upon completion of the questionnaire, an individual will be deemed to be either: eligible, ineligible, excused or disqualified
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11
Q

lesson eleven

what is the fourth step in a jury selection process?

A
  • those deemed eligible are summond to appear in court on a particular day; failure to appear can result in a criminal sanction
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12
Q

lesson eleven

what is the fifth step of the jury selection process?

A
  • at court, jurors are directed to a particular court room
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13
Q

lesson eleven

what is the sixth step of the jury selection process?

A
  • juror’s names & occupations are announced. as a juror approaches the jury box, each party can ‘challenge’ the prospective juror
  • each party has 3 ‘peremptory challenges’ - no reason provided
  • unlimited no. of ‘challenges for a cause’ - reason must be provided
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14
Q

lesson eleven

what is the seventh step in the jury selection process?

A
  • an oath is sworn indicating that one will undertake the responsibility dutifully
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15
Q

lesson eleven

what does the jury selection process entail?

A
  1. names selected
  2. questionnaire is sent
  3. individual deemed eligible ect
  4. eligible summond to appear in court
  5. jurors directed
  6. jurors names & occupations announced
  7. oath is sworn
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16
Q

lesson twelve

what is a sanction?

A
  • sanctions are penalties or other means of enforcement used to provide incentives for obedience w/ the law, or w/ rules & regulations
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17
Q

lesson twelve

what sanctions contain sanction aims?

A
  • Sentencing Act 1991 (Victoria)
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18
Q

lesson twelve

what are the five aims of criminal sanctions?

A
  1. punishment
  2. deterrence
  3. denunciation
  4. rehabilitation
  5. protection
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19
Q

lesson twelve

what does the sanction aim punishment mean?

A
  • the punishment should fit the crime taking into account all factors relating to the offender & victims. the sentencing must be based purely on evidence presented at trial
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20
Q

lesson twelve

what does the sanction aim denunciation mean?

A
  • sanctions are imposed to show offenders that society believes their conduct was inaapropriate. the court will declare its disapproval of an act
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20
Q

lesson twelve

what is the sanction aim deterrence mean?

A
  • others from society should be deterred from committing the crime (general).
  • the offender should also be discourged from committing further crimes (specific)
  • the focus here is to avoid recidivism (the tendency to reoffend)
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20
Q

lesson ten

what is the plea hearing
(step 11) ?

A
  • if the verdict is guilty, the convicted criminal will need to be sentenced. before a sentence is decided, the prosecution & the defence will present information they want the judge to take into account when deciding on the sentence, at a plea hearing
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21
Q

lesson twelve

what is a fine?

A
  • a monetary penalty imposed on the offender by the court. it is paid by the offender to the state of Victoria (X the victim)
  • expressed in penalty units ($192.31)
  • can be imposed w/ another sanction
  • when issuing financial circum. of offender must be considered
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22
Q

lesson twelve

what is the objective of a fine?

A
  • to punish the offender & deter both the offender & the community from committing the crime. A fine might also denounce the behaviour if a large fine is given
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23
Q

lesson twelve

what is a community corrections order (CCO)?

A
  • a non-custodial sanction which allows offender to remain in the community whilst serving the sanction
  • offender must comply w/ basic terms e.g. X re-offending
  • offender must comply w/ distinct conditions e.g. unpaid comm work & attendance at counselling
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24
Q

lesson twelve

what offences can CCOs be given for?

A
  • given for a variety of offences
  • can be combines w/ a fine or imprisonment of less than 12 months
  • cannot be imposed for crimes such as murder, rape, manslaughter or kidnapping
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25
Q

lesson twelve

what is the objective of a CCO?

A
  • to punish using the terms & conditions attached to the CCO, which can also act as a deterrent.
  • helps to rehabilitate the offender using conditions such as alcohol exclusion
  • can also protect society if offender is kept from certain areas
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26
Q

lesson twelve

what is imprisonment?

A
  • the most serious sanction as the offender’s liberty is taken away
  • viewed as a last resort
  • imprisonment terms are expressed in 9 lvls (1 = imprisonment)
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27
Q

lesson twelve

how can an offender serve multiple charges?

A
  • if offender been convicted of multiple charges & has recieved multiple sentences these sentences can be served either concurrently (at the same time) or cumulatively (one after the other)
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28
Q

lesson twelve

what is parole?

A
  • early release from prison after serving a non-parole period. being granted parole is not automatic; the offender must prove remorse & rehabilitation. a non-parole period must be established for all terms of imprisonment beyond two yrs.
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29
Q

lesson twelve

what is the objective of imprisonment?

A
  • to remove the offender from society to protect the community; to punish the offender; also shows court’s denouncement of behaviour. may lead to rehabilitation but this is up to the offender (influence of ‘career criminals’ in prison)
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30
Q

lesson thirteen

what does the Sentencing Act 1991 (Vic) outline?

A
  • outlines the purpose of sanctions & the guidlines for sentencing
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31
Q

lesson thirteen

what does the Sentencing Act 1991 (Vic) ensure?

A
  • ensures consistency in the approach to sentencing & fairness in imposing sentences & dealing w/ offenders who breach conditions of their sentences
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32
Q

lesson thirteen

what is an aggravating factor?

A
  • circumstances considered in sentencing that can increase the seriousness of the offence or the offender’s culpability (responsibility) resulting in a more sever sentence
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33
Q

lesson thirteen

what are mitigating factors?

A
  • factors considered in sentencing that reduce the seriousness of the offence or lower the offender’s culpability, leading to a reduced sentence
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34
Q

lesson thirteen

what are examples of aggravating factors?

A
  • nature & gravity of offence: offence on ‘higher’ end of scale –> harsher sanction e.g. use of a weapon
  • previous offending: may result in the sentence being increased to deter recidivism
  • impact of the offence on any victim: if the victim or their family have suffered greatly as a result of the offence, they can choose to write a VIS that will be read at the plea hearing
  • injury, loss or damage as a reult of the offence: likely to increase a sanction e.g. widespread property damage in a case of arson
  • further aggravating factors: increase seriousness of offence ior culpability of offender e.g use of violence / explosives; offence witnessed by children; motivation by hate & prej.; breach of trust of victim
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35
Q

lesson thirteen

what are examples of mitigating factors?

A
  • nature & gravity of the offence: if the crime was on the ‘lower’ end of the scale this may persuade the court to issue a lesser sentence e.g. drug trafficking of a few pills versus a bag of 50
  • early guilty plea: might recieve even more of a ‘discount’ the earlier the plea is made. this is done b/c it saves time & resources of the state & court by not having to run a trial. trauma & inconvience in relation to the witnesses & victims is avoided
  • first offence: demon. a one-off incident or lack of criminality
  • remorse: can be demon. by early guilty plea, apology to victim/s, early confessions or admissions, or full cooperation w/ police
  • other mitigating factors: offender acting under duress; prospects of rehab.; personal strain the offender was under; lack of injury / harm caused by offence
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36
Q

lesson thirteen

what is a victim impact statement?

A
  • an account from those directly or indirectly affected by the offence
  • illustrate the loss, injury, or damage sustained at the hands of the offender
  • right to victim to provide court w/ a v.i.s
  • given voluntarily
  • will be read to the court by victim or prosecutor
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37
Q

lesson fourteen

what has been some of the substantial changes in victorias sentencing practices between 2011 and 2017?

A
  • 2011: suspended sentences were abolished as an option for the SC & CC for serious / sig. offences
  • 2012: home detention was abolished & CCOs were est.
  • 2013: non-parole period of at least 4 yrs were intro. for a no. of ‘gross offences’
  • 2014: suspended sentences were completely abolished for all offences
  • 2017: Vic parliament passed leg. which intro. ‘standard sentences’ (middle-of-the-range sentence given for an offence)
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38
Q

lesson fourteen

sentencing practices in victoria (aim / effect)

A
  • aim for vic parliament to be tougher on crime
  • effort to substantially control sentences
  • –> pressure on prison system
  • –> pressure on corrections vic b/c incr. no. of ppl. serving CCOs
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39
Q

lesson fourteen

death penalty in America

A
  • death penalty for serious crimes e.g murder & treason
  • 31/50 states have power to impose death penalty & 29 of these states allow the jury to decide
  • methods vary = lethal injection, electrocution, gas chamber, hanging & firing squad
  • death sentences = decre.
40
Q

lesson sixteen

what does the NJC comprise of?

A
  • mag. court
  • children’s court (crim. div.)
  • vic civil & administrative tribunal
  • victims of crime assist tribunal
41
Q

lesson sixteen

what services does the NJC include?

A
  • Victims’ supp. mediation
  • specialised family violence services
  • mental health clinical supp.
  • drug & alcohol treatment
  • financial counselling
  • housing supp.
  • refugee & migrant supp.
  • employment & training supp.
  • ab. & tsi supp. services
42
Q

lesson sixteen

what approaches to justice does the NCJ take

A
  • takes both a therapeutic & restorative approachto justice
43
Q

lesson sixteen

what is therapeutic justice?

A
  • a method used to deal w/ offenders in a way that addresses the underlying causes of crime & seeks to provide offenders w/ support to aviod further offending
44
Q

lesson sixteen

what is restorative justice?

A
  • a system of criminal justice focuses on the rehabilitation of offenders through reconciliation w/ victims & the community at large
45
Q

lesson sixteen

what is the aim of NJC?

A
  • aims to strengthen communities to prevent criminal & harmful behaviour from occuring in the 1st place, whlie honouring & maintaining trad. procedural rights & equality before the law.
46
Q

lesson sixteen

what has been the positive impact of the NJC

A
  • 25% lower rate of reoffending than other mag. courts
  • NJC offenders are 3x less likely to breach CCOs
  • NJC offenders demonstrate lower breach rates for intervention orders
  • presence of NJC contributed to 31% drop in crime rate in the local govt. area
47
Q

lesson seventeen

drug courts in america

A
  • 1989: the 1st d.c. in the world was est in Florida, USA
  • now 3400 d.c. in USA
  • d.c. exist in 20 other countries around the world
48
Q

lesson seventeen

drug court in vic. Aust.

A
  • d.c. is a division of the mag. court
  • est in Dandenong, 2002
49
Q

lesson seventeen

what are the requirements for an offender to have their matter dealt w/ by the d.c?

A
  • the offender must reside in an area serviced by the d.c.
  • the offender must be plead guilty to the offence
  • the offence committed must be w/n the jurisdiction of the mag’s court & be punishabe by imprisonment
  • the offence must not be a sexual offence or an offence that involved bodily harm
  • the offence must have been committed under the influence of drugs or to support a drug habit
50
Q

lesson seventeen

how long does the d.c. manage the participant?

A
  • 2 yrs
51
Q

lesson seventeen

what does the d.c. team consist of?

A
  • mag.
  • program manager
  • court registrar
  • case managers (CCS)
  • clinical advisors (MCV)
  • housing assistance team
  • AOD (Alcohol & Other Drugs) counsellors
  • Vic Police prosecutor & liaison officer
  • Legal Aid solicitor
52
Q

lesson seventeen

what is the purpose of d.c?

A
  • to impose & administer an order called a drug & alcohol treatment order (DATO)
53
Q

lesson seventeen

what are the two parts that a DATO consists of?

A
  • custodial
  • treatment & supervision
54
Q

lesson seventeen

what is the custodial part of DATO?

A
  • sentence of imprisonment - not exceeding 2 yrs - to be served in the community to allow the participant to receive drug &/or alcohol treatment
55
Q

lesson seventeen

what is the treatment & supervision part of the d.c?

A
  • aims to address the participant’s drug &/or alcohol dependency
56
Q

lesson seventeen

what are DATO participants required to do?

A
  • attend and participate in regular appointments with the d.c
  • routinely submit to supervised drug &/or alcohol testing
  • attend d.c. weekly
  • engage in drug &/or alcohol, medical, psychiatric or psychological assessment & treatment
  • attend educational, vocational, employment or other programs
  • comply w/ conditions of the DATO, including residential & curfew conditions
57
Q

lesson seventeen

how is positive and negative behaviour dealt w/ by the d.c. (DATOs)?

A
  • rewards & sanctions are used to encourage positive behaviour & address any non-compliance
  • any non-compliance or reoff. may lead to the cancellation of a DATO
58
Q

lesson seventeen

what is the aim of the DATO in relation to the treatment & supervision component?

A
  • stop drug / alcohol use
  • stop criminal bahviour
  • build general health
  • build capacity for a pos. life
59
Q

lesson eighteen

what is the koori court?

A
  • est. in vic 2007
  • division of mag. c
  • in areas incl. shepparton, warrnambool, broadmeadows, bairnsdale, latrobe valley, mildura, swan hill
60
Q

lesson eighteen

what can koori elders & ect. do in koori courts?

A
  • koori elders or ‘respected persons’, the koori court officer, koori defendants & the families of defendants can contribute during the conversation
61
Q

lesson eighteen

how does the contribution of individuals such as elders help?

A
  • this helps to reduce perceptions of cultural alienation & to ensure sentencing orders are appropriate to the cultural needs of Koori offenders
  • the approach also assits in addressing issues relating to offending & the offenders’ behaviour
62
Q

lesson eighteen

what is the eligibilty of koori courts?

A
  • k.c. is only available for aboriginal defendants who plead guilty & are willing to take responsibilty for their actions
  • the court hears criminal cases, except sexual offences, domestic violence cases & breaches of intervention orders
  • the offender must live w/n or be charged w/n the catchment area of a k.c.
63
Q

lesson eighteen

what is the koori courts sentencing process?

A
  • less formal environment
  • participants sits at a round table w/ supp. of lawyer or friends / family
  • use of ‘plain English’ rather than legal jargon
  • mag. take advice from an Ab. elder on cult issues & approp. sentence h/w mag. is the ultimate decision-maker & uses standard sanctions
64
Q

lesson eighteen

what are the outcomes of k.c?

A
  • k.c. reduce recidivism rates by an average of 14% compared to the general recidivism rate of 29%
  • experience of the offender in the justice system has improved w/ the maj of offenders finding the process more engaging, inclusive, & less intimidating than the trad. process
  • been identification of a need to have greater services participating such as drug & alcohol service providers
  • use has been expanded to inclu. a child k.c & c.c
65
Q

lesson eighteen

what are the strengths of k.c?

A
  • increases indigenous ownership & participation
  • provides informal atmosphere for sentencing
  • reduces recidivism
  • experience of the offender is vastly emproved, being more engaging, inclusive & less intimidating
66
Q

lesson eighteen

what are weaknesses of the k.c?

A
  • X available to all offenders
  • X available in all locations
  • limited to sentencing only - does not run trials
  • overrep. of indigenous aust. in criminal justice system has X generally improved over the yrs.
67
Q

lesson nineteen

what is a diversion programs aim?

A
  • aims to give offenders the chance to avoid a criminal record by undertaking tasksand conditions that benefit the community
68
Q

lesson nineteen

is a plea entered prior to entry to a diversion program

A
  • no plea is entered
68
Q

lesson nineteen

what is a diversion program used?

A
  • in the mc & child.c to divert offenders away from the traditional criminal justice system & to avoid a criminal record by placing them on a plan
69
Q

lesson nineteen

what is the eligibility of a diverson program?

A
  • summ offence that would be heard in the mc
  • accused must accept responsibility for the offence & it must be their 1st offence
  • the court must consider the matter appropriate for diversion
  • both the pros. & def. consent to matter being diverted
  • offence is X punishable by a min or fixed sentence or penalty
70
Q

lesson nineteen

what is the sentencing proccess of a diversion program

A
  • onus on accused to ask for diverson
  • court seeks views of victim
  • if all parties = agreement than div program put in place & case is adjourned for 12 mths for offender to complete plan
  • case reconvened 12 mths later
  • –> succ = offender X enter plea &discharged w/o finding of guilt
  • –> X succ = case = schedualed for hearing & offender sentenced
71
Q

lesson nineteen

what might a diversion program plan entail?

A
  • treatment such as counselling or drug / alcohol treatment
  • writing a letter of apology to the victim
  • edu. course
  • donation to charity or community service work
72
Q

lesson nineteen

what are the outcomes of diversion programs?

A
  • b/w july 2001 - sept 2003 re-offending were very low
  • of 100 participants, 0-7% would be convicted of a subsequent offence
  • 94% of participants completed the program
  • –> program = succ in achieving rehab & program gen succ
73
Q

lesson nineteen

what are the strengths of diversion programs?

A
  • avoidance of criminal record
  • saves court resources
  • provides offenders w/ access to assistance, such as rehab & counselling
  • can involve victims
  • reduces recidivism rates
74
Q

lesson nineteen

what are the weaknesses of diversion programs?

A
  • limited to certain offenders & offences
  • effectiveness depends on the offender
  • prosecution can prohibit the offender from participating
  • may be seen as ‘soft-option’ for punishing offenders
75
Q

lesson twenty one

what is penalty for the offence of attempted murder?

A
  • lvl 2 imprisonment = 25 yrs
  • h/w court = X compelled to give max. in every case. t/f max. only imposed in most extreme circumstances
76
Q

lesson twenty one

what sentence was handed down by Justice Coghlan to Darrington?

A
  • for attempted murder Darrington was sentenced to a term of imprisonment of 8 yrs w/ a n-p period of 5 yrs
77
Q

lesson twenty one

were their any similar cases for Justice Coghlan to base his sentencing decision on?

A
  • w/ the expception of one case, there were no similar cases
  • other sentences (X binding) drawn to Coghlan’s attention by the prosecution involved diff. factual situations & were of limited assistance in determining the approp. santion for D.
78
Q

lesson twenty one

what purposes / aims / objectives of criminal sanction did Justice Coghlan consider to be the reasons for which the sentence should be imposed?

A
  • general & specific deterrence
  • retribution
79
Q

lesson twenty one

define fairness

A
  • having a fair process & a fair hearing; to be tried w/o fear or favour
80
Q

lesson twenty one

how was fairness achieved during the case of R v Darrington?

A
  • D. was able to exercise his rights throughout process = when engaging w/ police = right to silence when being interviewed
  • D = legally rep which is recognised as being necessary for the pre-trial stages & for a fair trial for a serious indict. offence
  • D & defence team were presented w/ prosecution evidence against D at the committal hearing t/f defence could prepare its case & for the cross-exam. of prosecution witnesses
  • pros. had the b.o.p & had to prove D guilt b.r.d –> D afforded presumption of innoc.
81
Q

lesson twenty one

define equality

A
  • people being equal before the law & each party having the same opportunity to present its case
82
Q

lesson twenty one

how was equality achieved during the case iof R v Darrington?

A
  • ## both parties have legal rep & must be given the opportunity to examine the evidence presented under rules of procedure
83
Q

lesson twenty two

who were the parties involved in the DPP v Gatkuoth case?

A
  • offender = isaac gatkuoth, 18 yr old a time of offence
  • prosecution
84
Q

lesson twenty two

what happened in the DPP v Gatkuoth incident?

A
  • Gatkuoth, 18 yrs of age and affected by the drug ice, stalked newman’s car in a stolen BMW, before ramming it from behind & preceding to in confrontation with newman and sibberas pointed an unloaded shotgun demanding newman’s keys, newman begged for his life before fleeing w/ sibb. gatkuoth then drove away with the vechile and BMW
85
Q

lesson twenty two

where did the incident happen?

A
  • Frankson sth
86
Q

lesson twenty two

what court dealth with the case?

A

-county court b/c it was an indictale offence of a carjacking and armed robbbery.

87
Q

lesson twenty two

what issues did the court need to consider?

A
  • aggravating and mitigating factors
  • victim impact statement
  • rehabilitation prospects (purpose of sentencing)
  • whether there is a max. penalty for the crime & / or a standard sentence for the crime (sentencing act 1991 (vic))
  • precedents from similar cases w/ regard to sentence
88
Q

lesson twenty two

what was the outcome of the DPP v Gatkuoth case?

A
  • the accused pleaded guilty
  • 20 mths in a youth detention facility (sanction)
89
Q

lesson twenty two

what were the aggravating factors of the DPP v Gatkuoth case?

A
  • sig. criminal record that was escaltaing in scale & freq. of offending
  • use of weapon / sawn off shotgun
  • member of apex gang?
  • impact on victims = traumatised at time & one took own life
  • nature & gravity of offence –> armed robbery
  • under influence of ice & had been drinking
  • ## used stolen vechile to commit armed robbery
90
Q

lesson twenty two

what were the mitigating factors of the DPP v Gatkuoth case?

A
  • entered a guilty plea
  • showed signs of rehabilitation whilst on remand
  • difficult childhood in Sudan - violence, weapons, gangs, death of 3 family members
  • respectful & enthusiatic student at an edu. centre for young offenders
  • young age - good prospects of rehab.
  • admitted crimes when questioned & co-op w/ police
91
Q

lesson twenty two

how was fariness achieved in the DPP v gatkuoth case?

A
  • afforded the presumption of innocence
  • both agg. & miti. factors considered during sentencing
92
Q

lesson twenty two

how wass equality achieved during the DPP v Gatkuoth case?

A
  • both parties were treated equally before an impartial and independent judge
  • both parties given equal opportunity to present evidence during sentence hearing
93
Q

lesson twenty

who were the parties involved in the R v Darrington case?

A
  • accused = Daniel Darrington
  • victim = Rocky Matskassy
94
Q

lesson twenty

what happened in the R v Darrington incident?

A
  • the accused & the victim had a fight
  • victim emerged from bathroom w/ a gun
  • accused claimed there was a struggle over the gun, during which time it discharged & the bullet struck the victim in the head
  • he was twitching on the floor so the accused shot him twice more so he woudnt suffer believing he was still alive
95
Q

lesson twenty

when did the R v Darrington incident and court case occur?

A
  • incident = march 2014
  • court = feb 2016
96
Q

lesson twenty

what court was involved in the R v Darrington case?

A
  • mag court (commital hearing) b/c all persons charged w/ an indict. offence will attend a commital hearing in mc 1st to determine if enough evidence to stand trial in a higher court
  • sctd (trial) b/c muder is the most serious indictable offence & only the sctd has jursidiction to hear murder trials.
97
Q

lesson twenty

where did R v Darrington incident happen?

A
  • Melton sth
98
Q

lesson twenty

what were the issues the court needed to consider during the R v Darrington case?

A
  • was the accued guilty of murder beyond a reasonable doubt. this was not possible, the jury t/f had to decide if D was guilty of manslaughter or attempted murder
99
Q

lesson twenty

was the outcome of the R v Darrington case?

A
  • Darrington was found guilty of attempted murder based on the 2nd & 3rd shots being fired, even though M was most likely already dead, D did X know this & fired the 2nd & 3rd shot to put him out of his misery t/f attempted to murder
100
Q

lesson twenty

what were the mitigating factors in the case R v Darrington?

A
  • showed compassion for victim by ‘putting him out of misery’ - didnt want him to suffer
101
Q

lesson twenty

what were the aggravating factors for the case R v Darrington?

A
  • deprived the victim of any chance of survival by shooting him the 2nd & 3rd time t/f his moral culpability was high
  • nature & gravity of the offence
  • D showed X remorse

Legal Studies (9 decks)

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