The question (15 marks)
A trial judge convicts the accused of murder in the morning, asks him at once whether he has anything to say on sentence, and pronounces a sentence of death the same afternoon. Advise the accused on appeal. (15 marks)
MU Module III, sentencing procedure; chapter on sentencing and capital punishment, and the brief on Allauddin Mian.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 3 · The Police, Penology and the Theories of Punishment of Criminology and Penology.
Authorities you will need
- Allauddin Mian v State of Bihar
- Code of Criminal Procedure 1973, sections 235(2) and 354(3)
- Bachan Singh v State of Punjab, on the balance sheet and the liberal construction of mitigating factors
- Machhi Singh v State of Punjab, on the four propositions and the two questions
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.