An Agreement To Plead Guilty To A Less Serious Crime

September 11, 2021 2:09 am Published by

[23] In 2007, the Sakharam Bandekar case became the first case of its kind in India where the accused, Sakharam Bandekar, sought a lesser sentence in exchange for a confession to his crime (using pleadings). In more serious cases, a joint filing normally requires a relatively narrow sentence, with the Crown advocating for a sentence at the top of the range and the defence for a sentence at the bottom, in order to gain visibility into the judge`s ability to exercise discretion. [29] Plea bargains are not always easy to detect. Negotiations that result in formal agreements are called “explicit Plea Bargains”. However, some Plea Bargains are called “implied Plea Bargains” because they do not imply any warranty regarding the leniency communication. Explicit bargains are the more important of the two. The third type of pleading hearing is the trial, in which the accused, faced with multiple charges, can plead guilty to fewer charges. The charges do not have to be the same: the prosecutor may drop any charge or charge in exchange for a guilty plea to the other charges. Since counting hearings only apply to accused facing multiple charges, this is the least common form of negotiation. Like other ordinary jurisconsultations, the Crown may agree to withdraw certain charges against the accused in exchange for an admission of guilt. This is a standard procedure for certain offences, such as inability to drive.

In the case of hybrid offences, the Crown must make a binding decision on summary or indictment proceedings before the accused makes his or her argument. . . .

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