Transport Accident Commission
Unit 1: Criminal Law in Action
Area of Study 3: The criminal courtroom
Rationale
Students investigate procedures that are used to bring a criminal case to the County
Court. This unit focuses on the concept of a fair trial or hearing and the rights in
criminal proceedings. Students discuss the extent to which features of the criminal
justice system contribute to the achievement of justice.
Outcome 3: Essay
Key knowledge
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the distinction between
summary offences and
indictable offences
reasons for a court
hierarchy
an overview of the
criminal jurisdiction of
courts in the Victorian
court hierarchy
bail, remand and
committal hearings
features of a fair trial
and rights in criminal
proceedings
guaranteed by the
Victorian Charter of
Rights and
Responsibilities
overview of the
adversarial nature of a
criminal trial
role of court personnel.
Key skills
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define key legal
terminology and use it
appropriately
apply legal principles to
relevant issues in
criminal law
explain the need for a
court hierarchy
identify the rights in
criminal proceedings
guaranteed by the
Victorian Charter of
Rights and
Responsibilities
explain the nature of
the criminal courtroom
discuss the capacity of
criminal processes to
achieve justice.
Assessment tasks
Note - Students will view
Connecting the Dots a
second time for this task.
An essay on the Victorian
Charter of Human Rights in
terms of how it relates to
the Chaplin case.
The Chaplin case will be
linked to the essay and
preliminary focus
questions will assist
students to link the
prosecution of Chaplin with
the legal processes
observed in the case.
Teaching strategies
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Distribute BLM 2 (or write the questions on the board where all can see them).
The questions and this second viewing of Connecting the Dots should focus the
students on the legal information provided in the DVD. Students could work
individually or in pairs waiting for the answers in the DVD – you might like
them to raise their hands when they have heard an answer and pause the
DVD so they can write it down. If not all of the students found the answer, you
could rewind a little and replay the relevant section.
After viewing, lead a discussion about the three factors that might have been
considered by the judge in sentencing Brenton Chaplin. Let the students know
that after the County Court hearing, the defence appealed to the Court of
Appeal against the severity of the sentence imposed in this case. Give them
some time to find out the outcome of this appeal hearing (you could provide
printed notes to make this a quick activity, or give them time to complete an
VCE Legal Studies
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Transport Accident Commission
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internet search). Ask them to focus their thoughts on the question - Do you
agree with the comments of the appellate judges, Justices Maxwell and
Neave?
After researching the appeal, ask for those who agree with the decision to
stand in one corner of the room, disagree on another corner and ‘not sure’ in
the middle of the room. Ask individual students in the corners to justify their
positions. Students can move their positions if they change their minds based
on comments of others. You can ask them to quickly explain why they decided
to move.
Distribute BLM 3 - this covers study design materials that can be found in
current legal studies textbooks. Students should complete an individual written
response.
Two suggested follow-up activities
1. Students work individually or in pairs, preparing a 4-minute class
presentation, a podcast or a webpage to explain the points from question 5 of
the worksheet. The podcasts and webpages could be uploaded onto the
school’s intranet or website. At the completion of the presentations, all notes
should be submitted for assessment.
2. Students work individually or in pairs to produce an oral presentation, a
podcast or a webpage, focusing on the Victorian Charter of Rights and
Responsibilities. Student planning notes must also be submitted for
assessment.
Assessment task
An essay should be completed in class time, over 100 minutes. The essay question
could be given prior to the task and students could be permitted to bring 200 words of
notes to assist them in their writing. The task could be spread over several lessons.
An assessment sheet has been provided to guide students in their writing and assist
teachers with their grading.
Essay (500 to 750 words)
‘The legal system worked effectively in the Brenton Chaplin case. His rights were
upheld from the time he was charged with the offence of culpable driving causing
death until his sentencing and appeal.’
Do you agree?
Websites
www.lawhandbook.org.au/fact_sheets/ch04.php
www.humanrightscommission.vic.gov.au
The Chaplin judgment can be seen at the following link:
www.austlii.edu.au/au/cases/vic/VSCA/2010/145.html
VCE Legal Studies
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Transport Accident Commission
BLM 2: Legal Studies 1.3
Worksheet - Connecting the Dots
From the DVD:
1. In which court was Brenton Chaplin’s case heard?
2. Brenton Chaplin was granted bail before his sentencing. What is the purpose
of bail? In what ways does bail provide for the recognition of essential rights in
legal process?
3. What plea was made by Brenton Chaplin in this case?
4. When this case proceeded to court, what legal processes and procedures
occurred?
5. What was the maximum sentence given to Brenton Chaplin? What was the
minimum sentence that was imposed?
VCE Legal Studies
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Transport Accident Commission
BLM 3: Legal Studies 1.3
Worksheet - Connecting the Dots
1. Explain two key differences between summary offences and indictable
offences.
2. Outline two reasons for the existence of a court hierarchy.
3. Outline the jurisdictions of the following courts:
a) Magistrates Court
b) County Court
c) Supreme Court
4. What are committal hearings? What is their purpose?
5. The features of a fair trial and key rights in criminal proceedings are
guaranteed by the Victorian Charter of Rights and Responsibilities. Undertake
research to discover the following, making notes on each of the following:
a) What is the Victorian Charter of Rights and Responsibilities?
b) In what ways is the Charter enforced?
c) In what ways does the Charter protect the rights of people who are
appearing before the criminal courts?
d) Outline three ways in which the Victorian Charter of rights and
Responsibilities would provide protection for both Brenton Chaplin and the
Charter family in this case.
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