Section I: Multiple Choice (2 Viewers)

Rafy

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Share your responses here.
 

spatula232

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I felt like there was a couple strange MC Qs in there; like I've never read anything before about that charge negotiation one
 

dwk72

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Absolutely bizarre multiple choice. Some of the questions were far too vague
 

Evertone

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I felt like there was a couple strange MC Qs in there; like I've never read anything before about that charge negotiation one
I think the Judge has to consider the agreement rather than agree to it because it qualified their action with a 'must'.
 

spatula232

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I think the Judge has to consider the agreement rather than agree to it because it qualified their action with a 'must'.
But if a suspect pleads guilty, wouldn't that mean that it is beyond reasonable doubt because they admitted to it? That was my reasoning anyway
 

dwk72

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Correct. A judge cannot interfere as to what stance the prosecution or defendant takes. He\she must agree.
 

Kobz360

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Correct. A judge cannot interfere as to what stance the prosecution or defendant takes. He\she must agree.
"Charge negotiation cannot guarantee a particular sentence – this can only be determined by the judge, based on the nature of the offence and sentencing guidelines"

Straight outta the legal textbook, the answer's got to be consider.
 

dwk72

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"Charge negotiation cannot guarantee a particular sentence – this can only be determined by the judge, based on the nature of the offence and sentencing guidelines"

Straight outta the legal textbook, the answer's got to be consider.
I don't think it's that straight forward. I might be wrong, but the question wasn't on sentencing? 'Consider' implies that the judge can make a decision - either accept or reject. How can a judge reject dealings between the prosecution and the defendant? True, charge negotiations do not guarantee a particular sentence, but that wasn't the question.
 

spatula232

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I don't think it's that straight forward. I might be wrong, but the question wasn't on sentencing? 'Consider' implies that the judge can make a decision - either accept or reject. How can a judge reject dealings between the prosecution and the defendant? True, charge negotiations do not guarantee a particular sentence, but that wasn't the question.
Considering I got B as well I'm just going to say, "what s/he said" ^
 

xetamine

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What did the people get for "Which is a criminal issue and a human right issue" question?

I did the child worker in a factory.
 

dwk72

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What did the people get for "Which is a criminal issue and a human right issue" question?

I did the child worker in a factory.
Correct. Because it was forced it is virtually slavery. So violated UDHR and Criminal Code\Fair War Act
 

Evertone

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But if a suspect pleads guilty, wouldn't that mean that it is beyond reasonable doubt because they admitted to it? That was my reasoning anyway
If the judge has reservations as to whether the prosecution and defence are trying to send an innocent person to gaol, then they can abort the change. Their duty to natural justice and procedural fairness overrides any other prerogative they may have.

This is why the judge must consider it - but it is untrue they must accept it.

"Charge negotiation cannot guarantee a particular sentence – this can only be determined by the judge, based on the nature of the offence and sentencing guidelines"

Straight outta the legal textbook, the answer's got to be consider.
Correct.

How can a judge reject dealings between the prosecution and the defendant?
They inform the prosecution and the defence that they cannot agree with the agreement in court.
 
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spatula232

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What did the people get for "Which is a criminal issue and a human right issue" question?

I did the child worker in a factory.
Yeah so did I. What about the 14 y/o that committed a public order offence? I did warning but was so uncertain. Qs 11, 12 and 13 I found weird lol
 

Evertone

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Yeah so did I. What about the 14 y/o that committed a public order offence? I did warning but was so uncertain. Qs 11, 12 and 13 I found weird lol
The boy/girl will be given 100 hours or less community service.

The caution can only be issued before it is taken up in court.
 

spatula232

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I did warning cause it was the first tier of the Young Offender's Act, and it said he had no priors so... idk
 

dwk72

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The boy/girl will be given 100 hours or less community service.

The caution can only be issued before it is taken up in court.
Wrong. Both police and courts can use caution (Young Offenders Act- I think). Answer is caution
 

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