Sentencing

Question 0

R v O’Neill

Answer 0

A plea of guilty in itself carries with it an admission of the essential legal ingredients of the offence and no more

Question 1

R v Paris

Answer 1

The crowns role is not to secure a conviction at any cost, nor is it the crowns role to secure the heaviest available penalty

Question 2

Meissner v queen

Answer 2

A court will accept a plea of guilty by a person of full age, sound mind and understanding provided the plea is an exercise of free choice in that persons interests even if that person is not in truth guilty of the offence

Question 3

Maxwell v r

Answer 3

A court can not compel the accused to withdraw a plea of guilty. The court can only advise the accused to withdraw

Question 4

To change a plea from guilty to not guilty

Answer 4

the accused would need to show a miscarriage of justice

Question 5

R v Henry

Answer 5

Appealing a penalty imposed ‘manifestly inadequate’

Question 6

Circumstances of aggravation

Answer 6

S.21A(2)

Question 7

S.43 - a court may reopen proceedings to correct sentencing errors.

Answer 7

• Imposed a penalty contrary to law

- failed to impose a penalty that is required to be imposed by law

Question 8

Ming yuk Wong

Answer 8

Traversal of plea.

Miscarriage of justice