Question
The Prosecution has agreed to withdraw the most serious charge of aggravated burglary on the basis that Glen will plead guilty to the following charges
The Prosecution has agreed to withdraw the most serious charge of aggravated burglary on the basis that Glen will plead guilty to the following charges in the Magistrates' Court:
possession of cannabis and,
possession of a controlled weapon without lawful excuse.
Please see my notes attached from a further conference I had with Glen during which I obtained additional instructions. I have also attached some additional references for you to consider using if you think that they might be beneficial for Glen's case.
Action required
Draft written submissions (no more than 1,000 words and in point form) on behalf of the client.
Draft a short (one paragraph) reflection on the strategy adopted to achieve the best result for your client in the circumstances.
[Note to students: The reference to a Pre-Sentence Report in this activity refers to a Pre-Sentence Report prepared at the formal request of a Court in accordance with Sentencing Act 1991 (Vic) s 8A. A Pre-Sentence Report is the Court's report, not the Defendant's report. Therefore, a PreSentence Report is not tendered by the Defence.
For this activity, the reference to a Pre-Sentence Report means that all sentencing options are available to you as part of your plea submissions. This means that you can indicate that your client has been assessed as suitable in the Pre-Sentence Report, if you wish to submit that the appropriate penalty for your client involves Community Correctional Services in some way.
In practice, there would normally be an adjournment of a few hours on the day of the plea (or an adjournment to another day) to enable a Pre-Sentence Report to be prepared by Community Correctional Services after the Defence submissions but before the final sentence is imposed by the Court.]
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