Investigating
Once police have received enough information about a crime they pursue the investigation process. It took police 11 months to gather enough evidence to arrest Gonzales. The investigation process was long and Gonzales repeatedly misled police and gave false alibis which he paid to keep his story. Upon arrival the police witness the father and mother’s bodies of Gonzales, they were lifeless and blood stained covered the bodies and the floor, there was no sight of the murder weapons (baseball bat and knife). These items were never found however after gaining a warrant and starting a private investigation, blue spray paint was found on the wall stating racist remarks, bloody footprints that matched the ones in a box in his cupboard …show more content…
After this it proceeded to the Supreme Court of Australia. This court is constituted under The Supreme Court Act 1970. R v Gonzales was heard in this court as it was a serious indictable offence, it involved murder and was heard by a jury and a judge. It was first heard in the Local Court to establish a prime facie. The Supreme Court has the highest level of formality and can carry high consequences; this is another reason why the Supreme Court was chosen for the case of R v Gonzales. Original Jurisdiction was used for this …show more content…
The police undertake an investigation process and gather all evidence needed in the criminal trial. In the Gonzale’s case the police investigators played an integral role in gathering all evidence needed. It took 11 months for police to gather enough evidence to arrest and charge Sef Gonzales so this was a huge role in the whole trial process. The police prosecutors gathered evidence such as DNA, papers, files from his computer.
Solicitors
The solicitor’s role is to gather all evidence and information needed to represent either the defence or prosecution in a trial. It is then the role of the barrister to conduct cross examination and present their side’s case.
Identify the Plea
A plea is ‘ a formal statement of guilt or innocence by the accused’ (Cambridge legal studies textbook HSC).
Gonzales pleaded not guilty. He Stated “that he would not plead guilty to offences which he had not committed in order to make other people happy, notwithstanding that he had been told that, if he pleaded guilty and showed remorse, he might receive lesser sentences. “ (www.Austlii.com)
Factors Affecting the Sentencing decision
Aggravating
Once police have received enough information about a crime they pursue the investigation process. It took police 11 months to gather enough evidence to arrest Gonzales. The investigation process was long and Gonzales repeatedly misled police and gave false alibis which he paid to keep his story. Upon arrival the police witness the father and mother’s bodies of Gonzales, they were lifeless and blood stained covered the bodies and the floor, there was no sight of the murder weapons (baseball bat and knife). These items were never found however after gaining a warrant and starting a private investigation, blue spray paint was found on the wall stating racist remarks, bloody footprints that matched the ones in a box in his cupboard …show more content…
After this it proceeded to the Supreme Court of Australia. This court is constituted under The Supreme Court Act 1970. R v Gonzales was heard in this court as it was a serious indictable offence, it involved murder and was heard by a jury and a judge. It was first heard in the Local Court to establish a prime facie. The Supreme Court has the highest level of formality and can carry high consequences; this is another reason why the Supreme Court was chosen for the case of R v Gonzales. Original Jurisdiction was used for this …show more content…
The police undertake an investigation process and gather all evidence needed in the criminal trial. In the Gonzale’s case the police investigators played an integral role in gathering all evidence needed. It took 11 months for police to gather enough evidence to arrest and charge Sef Gonzales so this was a huge role in the whole trial process. The police prosecutors gathered evidence such as DNA, papers, files from his computer.
Solicitors
The solicitor’s role is to gather all evidence and information needed to represent either the defence or prosecution in a trial. It is then the role of the barrister to conduct cross examination and present their side’s case.
Identify the Plea
A plea is ‘ a formal statement of guilt or innocence by the accused’ (Cambridge legal studies textbook HSC).
Gonzales pleaded not guilty. He Stated “that he would not plead guilty to offences which he had not committed in order to make other people happy, notwithstanding that he had been told that, if he pleaded guilty and showed remorse, he might receive lesser sentences. “ (www.Austlii.com)
Factors Affecting the Sentencing decision
Aggravating