PROSECUTORS – SHOULD WE TRUST THEM? A CROSS-JURISDICTIONAL ANALYSIS OF THE EFFECTIVENESS AND TRANSPARENCY OF LIMITS ON PROSECUTORIAL DISCRETION DURING PLEA BARGAINING

Abstract

In 2016, the story of “Baby Moko” captured the country’s attention as we witnessed his killers come before the courts and enter guilty pleas to manslaughter and ill-treatment charges. The story of the beatings Baby Moko suffered at the hands of his caregivers is not easily forgotten. But the other story to emerge from that case was the plea bargain negotiated between the Crown and defence lawyers which saw charges of murder downgraded to manslaughter and guilty pleas entered. Fierce public outcry and media scrutiny resulted, and nationwide protests were staged on the day of the caregivers’ sentencing. Suddenly, the exercise of prosecutorial discretion became the subject of national debate, with the Attorney-General even taking the rare step of publicly defending the plea deal.