unit 3 aos1a (plea neg + sentence indic)

Question 1

define sentence indication

Answer 1

a statement made by a judge to an accused about the sentence they could face if they plead guilty. encourages accused to pleas guilty without need for a full trial/hearing

Question 2

appropriateness of sentence indications

Answer 2

nature of offence (no sexual offences), strength of evidence against accused, type of offence and court hearing the charges

Question 3

strengths of sentence indications

Answer 3

saves money & resources, less trauma and stress on victim, accuses has more certainty of sentence, can result in early determination of case

Question 4

weaknesses of sentence indications

Answer 4

can deny a victim of their day in court, judge doesn’t. have to accept request, court is closed to public (lack of transparency), can be given before all facts are proven

Question 5

sentence indication (indictable offence)

Answer 5

accused must apply, prosecution must consent

Question 6

sentence indication (summary offence)

Answer 6

can be given at any time in magistrates court, no need for prosecution consent

Question 7

define plea negotiations

Answer 7

discussion between prosecution and accused aimed at resolving the case by agreeing on an outcome to the criminal charges laid. may result in accused pleading guilty to fewer/lesser charges

Question 8

appropriateness of plea negotiations

Answer 8

strength of prosecutions case, whether accused is ready and willing to plead guilty, time and expense of trial

Question 9

strengths of plea negotiations

Answer 9

saves cost of full trial, victims are saved trauma and stress, ensures prompt determination of case, chance of reduced sentence

Question 10

weaknesses of plea negotiations

Answer 10

accused may be let off easy, negotiations usually private (lack of transparency)