By now , a normal websleuther would be thinking of who will be making an appearance at the trial, as witnesses , this is assuming he either makes no plea ( in that case, the judge makes it for him and it's always a 'not guilty' plea ) , or pleads not guilty himself. A guilty plea means the entire shindig shifts to sentencing. The judge will outline the whole case, from the prosecution perspective, the indicators that point to the guilt, and the collateral damage, and impact on the community and the family, etc...
Then, the judge will , usually in exquisite detail, go into the actions of the accused, that caused the death, what alternatives could have been expected to be in play, why they were not, exactly who did what, and when, but usually, unless the defendant himself makes a performance of it, the judge will not go into motive,
Motive is superfluous in the overall context, as far as the sentencing criteria is involved,. the judge , and the law is not interested in motive.
Then, the judge will assign weight to each component of the crime, the planning if any, the opportunities to not murder, if any, the discarding of human compassion, and dignity to the deceased, the theft of a life, and so on, the convoluted elements that meet the requirements of murder in Victorian Law,.
Each component 's weighting will be calculated into the final sentence. ( in Victoria, the minimum for murder is 30years, then the long process of applying for parole, which can take another 5 years ) The minimum non-parole term for a life sentence in Victoria is 30 years, unless a court considers it not in the interest of justice to set such a term.
We can assume who the witnesses will be from the absolute press silence, most likely the Editors of various tabloids and dailies have been served with D notices, to not pursue certain people, under pain of prosecution, because they are either witnesses for the prosecution, or for the defence. Some may be hostile witnesses for the prosecution, this is not an unusual circumstance, it means the person is not a willing testifier, but will testify under duress...
Then, the judge will , usually in exquisite detail, go into the actions of the accused, that caused the death, what alternatives could have been expected to be in play, why they were not, exactly who did what, and when, but usually, unless the defendant himself makes a performance of it, the judge will not go into motive,
Motive is superfluous in the overall context, as far as the sentencing criteria is involved,. the judge , and the law is not interested in motive.
Then, the judge will assign weight to each component of the crime, the planning if any, the opportunities to not murder, if any, the discarding of human compassion, and dignity to the deceased, the theft of a life, and so on, the convoluted elements that meet the requirements of murder in Victorian Law,.
Each component 's weighting will be calculated into the final sentence. ( in Victoria, the minimum for murder is 30years, then the long process of applying for parole, which can take another 5 years ) The minimum non-parole term for a life sentence in Victoria is 30 years, unless a court considers it not in the interest of justice to set such a term.
We can assume who the witnesses will be from the absolute press silence, most likely the Editors of various tabloids and dailies have been served with D notices, to not pursue certain people, under pain of prosecution, because they are either witnesses for the prosecution, or for the defence. Some may be hostile witnesses for the prosecution, this is not an unusual circumstance, it means the person is not a willing testifier, but will testify under duress...
