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Thursday, December 26, 2013

Essay

In criminal fountains, appeals can be made whole against the conviction or against the sense. This means that the person found shamefaced of an offence can appeal against the guilty conviction on certain grounds, or can appeal against the severity of the disapprobation. The pennon (Prosecution) in addition has the right to appeal against the gentleness of the sentence. The company harmonic is known as the appellant/ applicant. The appeal border for sentencing is pregnant because it allows the higher courts to supervise the exercise of sentencing discretion and consequently helps to hold back consistency. The higher courts do this by cut back or increase sentencing on appeal and issuing hightail itlines sentences. The case of R v jurisic (1998) NSW is about an appeal by the prosecution against the leniency of the sentence and led to the first guidepost sentence in NSW. The guide line sentence limits magistrate and decide from exercising their discretion, achievi ng justice for the victim and offender and allows for a unclouded sentence to be posed.
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This portrays the natural covering of the rule of law, no arbitrary use of power was used. This also achieves justice for company as it reflects their moral and ethical standards. However, as seen in the case of R v Jurisic, it would be seen as unfair for the offender to receive a punishment which would and then be increase due to an appeal from the victim against the leniency of the sentence unless it would achieve justice for the victim. Therefore equilibrise the rights of the victim, offender and society. Ahmed taj set Chaouk but had trouble with ethical sta! ndard.If you indirect pass on to get a full essay, order it on our website: OrderCustomPaper.com

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