Transport Accident Commission
VCE Legal Studies
Unit 1: Criminal law in action
Area of Study 2: Criminal law
CLASS NOTES
Outcome 2
On completion of this unit the student should be able to explain the key principles and
types of criminal law, apply the key principles to relevant cases, and discuss the impact
of criminal activity on the individual and society.
Key knowledge
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principles of criminal liability, including elements of a crime, the presumption of
innocence, the burden and standard of proof, age of criminal responsibility and
participants in crime
crimes against the person and related defences
crimes against property and related defences
the criminal investigation process, including police powers and individual rights
and responsibilities in dealing with police
sanctions under criminal law and their effectiveness
trends in crime, sentencing and recidivism
a comparison of one aspect of sentencing in Victoria with that of an international
jurisdiction
the impact of criminal acts on individuals and society
alternative avenues for seeking compensation for victims of crime
Introduction
This outcome task focuses on the case of Brenton Chaplin, which is depicted in the
documentary film, Connecting the Dots.
www.youtube.com/watch?v=xU2q1S53Dcw
In Australia, we use the adversary system of trial as a means of resolving cases. The key
features of this trial process are as follows:
 The adjudicator (magistrate or judge) is impartial and independent. The role of the
adjudicator is to ensure that all rules of the court are followed, not to actually gather
or present the evidence. If a jury is present in the court, the judge will instruct the
jury on the relevant law to be applied, although it is for the jurors to rule upon the
guilt of the defendant after considering all available facts in the case.
 Our trial process allows the parties involved to present evidence (given by witnesses
or contained within documents in support of their case, subject always to judicial
ruling where there is argument as to the admissibility or relevance of the evidence)..
In theory, if both parties undertake thorough research in this quest for victory, the
outcome should be a trial in which all of the relevant evidence is presented so that
the adjudicator can deliver an informed verdict.
 Parties are allowed to hire legal representation to assist in presentation of evidence.
Lawyers are solicitors (who interview witnesses and prepare trial material) and
barristers (who actually present the materials in court by addressing the adjudicator
and questioning witnesses).
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There are strict rules imposed in the court that are designed to ensure that only the
most reliable evidence is presented. For example, either a direct witness must give
evidence (a person who actually saw the events) or an expert who has been hired to
assess material gathered at the scene and give an opinion to the court.
The Prosecution must comply with the Human Rights Charter and professional codes
of conduct. These areas are not covered in this unit of study.
Juries are used in the County and Supreme Courts. They are not used in the Magistrates’
Court (the lowest court in the hierarchy), although this court hears over 80 per cent of all
criminal offences. The Magistrates Court hears all summary offences (less serious) and
some indictable offences (more serious) triable summarily. In comparison, the County
and Supreme Courts both have authority to hear the serious offence of culpable driving.
In criminal cases, juries are used when an accused person pleads not guilty to an alleged
offence. Brenton Chaplin pleaded guilty to all offences, so there was no need to empanel
(choose) a jury. Where a defendant pleads not guilty, 12 people are chosen for a jury. In
all criminal cases tried by a jury, the verdict must be unanimous (all jurors agreeing). In
limited circumstances, a court may allow a majority verdict (all but one agreeing) if a
unanimous verdict cannot be reached. The only time when a unanimous verdict is
required, and a majority verdict is insufficient to a finding of guilt, is for the most serious
offences such as murder, treason, the more serious driving offences and all
Commonwealth offences.
Wider reading
There are many cases involving charges of culpable driving causing death and dangerous
driving causing death and serious injury that have been reported in the media. It is
important that students read widely on these cases to expand their grasp of criminal law
processes and procedures.
Students should research three past cases and keep a record of the following:
 The plea entered by the defendant
 The key facts of the case
 The nature of the charges against the defendant
 Any evidence given by way of victim impact statement(s)
 The outcome.
 If there is a case of this kind currently before the courts, students should follow
the evidence carefully through media reporting. The case may be at the committal
hearing stage in the Magistrates Court or have proceeded to a trial in the County
or Supreme Courts.
Assessment task
The assessment of these key knowledge areas is in the form of a 75-minute test, in
which students respond to questions drawn from Area of Study 2. In responding to the
questions, reference must be made to the Chaplin case where appropriate. It is expected
that detailed class discussion would have occurred prior to the test. The test is available
from the TAC Schools website – http://www.tac.vic.gov.au/road-safety/schools/vcelegal-studies.
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