Samantha has been charged with two Part 3 offences. The charges are "in the alternative". Charge 1 is strict liability, but charge 2 is an absolute liability charge. Samantha believes that a defence of due diligence is possible for the first charge, however is concerned that by presenting a due diligence defence to charge one, she will be admitting guilt on the absolute liability charge.
a. Are Samantha's concerns valid? Why or why not.
b. As Samantha's representative, what motion should you file to ensure that your client receives a fair hearing?
c.If Samantha pleads guilty with Submissions to the Absolute liability charge, what options are available to the Justice?

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14-06-2024
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Samantha has been charged with two Part 3 offences. The charges are "in the alternative". Charge 1 is strict liability, but charge 2 is an absolute liability charge. Samantha believes that a defence of due diligence is possible for the first charge, however is concerned that by presenting a due diligence defence to charge one, she will be admitting guilt on the absolute liability charge.
a. Are Samantha's concerns valid? Why or why not.
b. As Samantha's representative, what motion should you file to ensure that your client receives a fair hearing?
c.If Samantha pleads guilty with Submissions to the Absolute liability charge, what options are available to the Justice?

Sagot :

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