on โ05-04-2013 09:01 PM
Say you committed a crime. You have to plead guilty or not guilty.
What's really the difference between if you go to trial and be found guilty vs admitting you're guilty to start off with.
Do you get a more lenient sentence or something???
If not, wouldn't you be better off pleading not guilty and see how it plays out in trial.
on โ05-04-2013 10:15 PM
What is a plea hearing?. Now that he has pleaded guilty to murder & rape is he going to put up a plea for a lesser sentence?
Possibly. That's what I was going to ask..
I read something about his family going to the police earlier and telling that he is going to rape and murder someone....
He had a fight with his parents after they did this and he left home with his girlfriend.... they moved into the flat that he lived in at the same time he raped and murdered the lady...
I bet that he is going to go an insanity plea. or mentally unfit.... or something else... I bet they are going to try to say it was the fault of the police for not locking him up in a mental health unit or something..
On hearing that his parents went to the police and then he moved out with his girlfriend it made me wonder what type of woman would be with a man not only taking his history into account but also listening to what his parents had to say... I mean they were concerned enough to go to the police about it... ?:|
on โ05-04-2013 10:16 PM
This is what I was thinking of, that I had read elsewhere recently. Where the defendant admits they did the crime and wants to plead guilty.
Advising a defendant who wants to make a convenience plea
The advice a duty solicitor gives to a defendant in these circumstances must be circumspect, careful, clear and recorded in detail for possible future reference [see Stengle v Wells [1985] SASC S4958 (Unreported,Cox J, 30 April 1995)].
The duty solicitor should:
Explain that the Magistrate cannot accept a plea of guilty when the defendant is actually saying they are not guilty of the offence (for example, by denying one or more of the elements of the offence). Stress that in refusing to accept the plea the Magistrate is acting in the defendantโs best interests and in the interests of justice.
Explain the elements of the offence and listen to what the defendant has to say about what happened and what they intended at the time.
Where the defendantโs instructions indicate that they do not admit one of the elements of the offence (for example, in a shoplifting charge, they are saying they did not intend to steal the item), the duty solicitor should advise them that on the basis of what they have said happened, they are not guilty of the offence and should not plead guilty.
If they still insist they wish to enter a plea of guilty, and ask the duty solicitor to appear to represent them on such a plea, the duty solicitor must tell them they cannot and will not do so because it is unethical for them to act for them in these circumstances.
Keep detailed notes of the instructions the defendant has given and their subsequent advice to the defendant.
on โ05-04-2013 10:18 PM
On hearing that his parents went to the police and then he moved out with his girlfriend it made me wonder what type of woman would be with a man not only taking his history into account but also listening to what his parents had to say... I mean they were concerned enough to go to the police about it.
It is easy to lie about your background. He may have told his girlfriend his parents were dead.
People like that aren't upfront and honest. I think his g/f found JM's broken sim card in her washing machine.:-(
on โ05-04-2013 10:20 PM
"The plea hearing is an opportunity for both the prosecution and defence to present information that they want the judge to take into account when deciding on the sentence."
http://www.opp.vic.gov.au/Witnesses-and-Victims/The-Court-Process/The-plea-hearing
on โ05-04-2013 10:24 PM
Yes, I read that. So for example if someone pleads guilty for shoplifting but wants it put forward that the god distracted and just forgot to pay for the item on the way out.?
Or those people who claim they were abused as a child etc, etc and want the sympathy vote?
on โ05-04-2013 10:25 PM
They got distracted not God distracted them!
on โ05-04-2013 10:27 PM
Yes, I read that. So for example if someone pleads guilty for shoplifting but wants it put forward that the god distracted and just forgot to pay for the item on the way out.?
Or those people who claim they were abused as a child etc, etc and want the sympathy vote?
sorry, post 33 wasn't for you.
I think the answer to your question is in 24.
Thought you had a minor in Law? They don't even cover the Solicitor's or Barrister's Rules? It's a vertical integrated subject in the LLB
on โ05-04-2013 10:28 PM
They got distracted not God distracted them!
LOL - it's ok - I recognized it as a typo and figured out what you meant LOL
on โ05-04-2013 10:32 PM
Anyone with any practical experience care to comment?
on โ05-04-2013 10:33 PM
Have you got your Law degree yet Crikey or not finished yet?