Prosecution submissions on sentencing

Court proceedings and Legal Process
Hardy
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Prosecution submissions on sentencing

Postby Hardy » Thu Mar 13, 2014 9:31 pm

Re: http://www.theage.com.au/victoria/ameri ... 34ore.html
"Senior Constable Josh Diemar, prosecuting, said a jail term was warranted given the seriousness of the assault."

Hard to believe that Prosecutors in Victoria are still offering courts their opinions about what they think is an appropriate sentence especially given what the High Court said in Barbaro - http://www.austlii.edu.au/au/cases/cth/HCA/2014/2.html

"It is neither the role nor the duty of the prosecution to proffer some statement of the specific result which counsel then appearing for the prosecution (or the Director of Public Prosecutions or the Office of Public Prosecutions) considers should be reached or a statement of the bounds within which that result should fall."

My guess is that if this accused gets a jail term the Supreme Court will be compelled to set aside the sentence on the basis that the Prosecution improperly told the Magistrate what sentence they wanted.

BN2
Posts: 179
Joined: Fri Aug 12, 2011 1:18 pm

Re: Prosecution submissions on sentencing

Postby BN2 » Fri Mar 14, 2014 7:13 pm

I find it amazing that a rather junior and new prosecutor giving his opinion to a skilled and experienced magistrate could have the sentence set aside.

How the hell does that work?


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