Section A—Short answer questions
Option 1
a. Give two reasons to explain why bail might be refused. (2 marks)
Bail can be granted:
 after an arrest and upon being charged at a police station
 when the accused is before the Magistrates’ Court pending a charge
 after conviction, pending an appeal.
Possible reasons for refusing bail include:
 the seriousness of the offence
 the accused has a history of absconding
 the accused may commit an offence while on bail
 the accused may interfere with witnesses.
Generally, an accused person has the right to be granted bail unless there are reasonable grounds for
refusing it. If bail is refused, the accused is placed in custody, which is known as ‘remand’.
b. Explain the role of the defence barrister. (2 marks)
The role of the defence barrister is to represent the accused and present the case in court. The
Defence barrister may call witnesses, including the accused, cross-examine witnesses called by the
other side, ‘lead’ evidence and make submissions on points of law during the trial.
Option 2
Describe the aims of punishment. (4 marks)
The aims of punishment are:
 deterrence—to deter the offender and other offenders from committing similar offences
 retribution—to punish the offender
 rehabilitation—to provide an opportunity to reform the offender
 protection—to protect society from the offender by removing the offender from society.
Option 3
Explain the role of the Senate in the Commonwealth parliamentary system. (4 marks)
This question is worth four marks and students are expected to provide some detail in their answer for full
marks.
The role of the Senate is to:
 effectively represent the views of the states and territories and to act as a house of review by
examining proposed legislation that has been passed by the Lower House
 ensure that laws made are in the best interests of the whole society
 introduce legislation, with the exception of money Bills
 amend or reject any proposed law.
Option 4
Explain the differences between summary and indictable offences and the differences in the way
they are tried by a court. (4 marks)
Summary offences are less serious offences that are heard in the Magistrates’ Court, and decided by the
presiding magistrate. There is no right to trial by judge and jury for these offences. These are listed in
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legislation such as the Summary Offences Act 1966 (Vic.); examples include traffic offences, minor assault
and theft.
Indictable offences are serious offences that are heard before a judge and jury in the County Court and the
Supreme Court. These are listed in the Crimes Act 1958 (Vic.) and examples include murder, manslaughter
and fraud. With the consent of the defendant, some indictable offences can be heard summarily in the
Magistrates’ Court by a magistrate, for example drug offences, robbery and burglary.
Option 5
a. Explain the purpose of the First Reading in the progress of a Bill through parliament.
The purpose of the First Reading is to read the long title of the Bill. The Bill is then placed on the agenda
for future debate.
b. Briefly outline what further steps must be taken before a Bill becomes law. (1 + 3 = 4 marks)
The further steps that must be taken before the Bill becomes law are:
 Second Reading: The Second Reading involves copies of the Bill being distributed and the
minister responsible giving a speech outlining the purpose of the Bill. The Bill is then debated.
 Committee Stage: At the Committee Stage each clause of the Bill is examined and amendments
made. This stage is optional.
 Third Reading: During the Third Reading there is a last chance for further debate or amendment
to take place. The Bill is voted on.
 Second House: The same process as described above takes place in the second House.
 Royal Assent: Royal Assent is granted when the Bill is signed by the Queen’s representative—the
Governor (state) or Governor-General (federal). Once Royal Assent is granted, the Bill becomes an
Act of Parliament.
Students should not spend too long on this part of the question, but briefly outline each of the stages of
the progress of a Bill through parliament.
Option 6
a. State the court that a person convicted of a crime in the County Court can appeal to.
A person convicted of a crime in the County Court can have an appeal heard by the Court of Appeal
(Supreme Court).
b. Explain the grounds on which a person convicted of a crime in the County Court can appeal to a
higher court. (1 + 3 = 4 marks)
An appeal can be heard on the following grounds:
 a point of law
 against conviction on a question of law
 against the severity or leniency of the sentence.
Option 7
Outline two reasons for the existence of the court hierarchy. (4 marks)
Some possible reasons for the existence of the court hierarchy include:
 Efficiency: The lower courts deal with less complex matters, as they can be dealt with more quickly
and less expensively than if they were heard in a higher court, whereas the higher courts are reserved
for more complex cases. These cases take longer and require the most highly trained judges and
more expensive court equipment and staff.
 Appeals: If a person is unhappy with the outcome of a case, they can appeal to a higher court to have
their case reviewed for a second opinion.
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 Precedent: By having a hierarchy of courts decisions of higher courts are binding on lower courts and
guide them in their decision-making, which promotes consistency and certainty in the application of
the law.
 Time and money: Minor cases can be heard by lower courts, thus allowing more complex cases to be
dealt with by higher courts. This saves time and money for the individual and the legal system.
Section B—Problem-solving questions
Option 1
Identify and explain, with reference to the facts, the most appropriate defence for Anna. (4 marks)
If Anna can prove self-defence she will be acquitted. To prove self-defence she must show that she was in
immediate danger of an attack that could result in death or permanent injury. She is allowed to defend
herself using reasonable force. When the attacker comes towards Anna with the knife, the use of the axe in
self-defence is reasonable. However, once the attacker has dropped the knife and is unarmed on the floor it
could be argued that Anna used unreasonable force in hitting him again. In any event the circumstances of
the case would reduce the charge from murder to manslaughter.
Option 2
What crime will Sally most likely be arrested for? Explain with reference to the legal elements of the
crime and the facts of the case. (4 marks)
Since Sally slapped Polly across the face, intending to hurt her, she is unlikely to succeed in her defence of
‘accident’. However, since Sally did not intend to kill or permanently injure Polly, she could successfully
plead guilty to involuntary manslaughter. Manslaughter applies when there is no intent to kill but the actions
still results in death. Here, Sally has committed the actus reus – or the wrongful act – by slapping Polly. She
has the mens rea – or the guilty mind – since she intentionally caused bodily harm to Polly without intending
to cause her serious injury or death.
Option 3
What crime will Jimbo most likely be arrested for? Explain with reference to the legal elements of the
crime and the facts of the case. (4 marks)
Jimbo is most likely to be arrested for assaulting Mr Prado and for the theft of his coat. Assault is the
unlawful interference with the body of another person through the intentional application of force. Jimbo has
both the mens rea (guilty mind) and the actus reus (the wrongful act) since he had the intention of kicking
and punching Mr Prado and has actually committed the acts. Jimbo has also committed the offence of theft.
Theft is taking property in the possession of another with the intention of permanently depriving them of it.
Jimbo had the intention of taking and permanently depriving Mr Prado of his coat because he wanted a
better coat for himself and came to the swimming pool with the intention of stealing (the mens rea). He also
committed the actus reus (the wrongful act) when he runs away with Mr Prado’s coat.
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Section C—Extended-response questions
Option 1
a. Explain how the factors that a court can take into consideration and the variety of sanctions that
the court can implement help achieve the objectives of sentencing. (6 marks)
The objectives of sentencing are protection of the community; rehabilitation of the offender;
denouncement of the criminal conduct; deterrence of the offender and others and punishment for the
harm caused.
The factors that a court can take into consideration help achieve these objectives.The factors a court may
consider are set out in the Sentencing Act. For example, a court can consider the nature and gravity of the
offence in determining an appropriate sanction. This serves the objective of providing a fair punishment that
reflects the crime committed. Another factor which the court may consider is the offender’s previous
character. This helps the court to determine whether the offender has a good chance of being rehabilitated
and therefore less likely to re-offend. :
The variety of sanctions that a court can implement also help achieve the objectives of sentencing. For
example, imprisonment meets the objective of protecting the community by removing the offender from
society. Another sanction is a monetary penalty. If the fine imposed is high enough, it may serve the purpose
of deterring the offender from committing the offence again or deter others from doing so. Finally, other
sanctions such as suspended sentences and community based orders achieve the objective of
denouncement by showing the offender and the community that society disapproves of criminal conduct.
b. Name and describe five key features of the adversary system of trial. (10 marks)
Key features of the adversary system include:
 The role of the judge or magistrate: The judge or magistrate acts as an independent and
impartial umpire. Judges/magistrates ensure that proceedings are carried out fairly and according
to the rules of procedure and evidence, such as deciding points of law and admissibility of
evidence.
 The role of the parties: The role of the parties is to initiate the proceedings, determine what facts
will be brought before the court, whether they will challenge their opponent's allegations, and
determine which witnesses they will choose to support their case.
 The rules of evidence and procedure: The presentation of evidence in a trial is subject to strict
rules and procedure; for example, the questioning of witnesses and inadmissibility of certain types
of evidence, such as hearsay.
 The need for legal representation: As one's opponent will most likely have professional
representation, a party's chances of success are influenced by their capability to obtain competent
legal representation.
 Standard and burden of proof: The standard of proof is the extent to which a case needs to be
proven. In a criminal case the prosecutor must prove a defendant's guilt ‘beyond reasonable
doubt’. The burden of proof normally rests with the prosecution. In a civil case the standard of proof
must be established on the ‘balance of probabilities’. This means that once both sides have
presented their evidence the judge will find for the party who, on the whole, has a stronger case.
The burden of proof normally rests with the plaintiff.
Note: A vast number of hearings or trials in our legal system are determined without a jury. Juries are not
used in the Magistrates’ Court. The use of a civil jury is optional in the County Court and the Supreme
Court. Juries are not used in the federal courts or in any appeal cases. Accordingly, the jury system is not
a key feature of the adversary system of trial.
c. Explain two differences between a criminal jury and a civil jury. (4 marks)
A criminal jury consists of 12 jurors, is only used for indictable offences heard before the County Court or
the Supreme Court and only if the accused pleads ‘not guilty’. There are up to 15 jurors in lengthy cases.
The use of a jury in these instances is compulsory. A jury must come to a unanimous verdict in murder
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trials. In other cases, an 11–1 majority is sufficient in Victoria. If there is no verdict, the jury is declared a
‘hung jury’.
A civil jury has six jurors, only if requested and only heard before the County or Supreme Courts and up
to eight jurors in lengthy cases. A 5–6 majority is sufficient if a unanimous verdict cannot be achieved.
The use of a jury in civil cases is optional, and the cost of having a jury is paid by the party who requests
the jury.
Option 2
a. Identify two characteristics of effective laws in society. (4 marks)
To satisfy the needs of society effectively, a law should possess several characteristics. Possible
examples are:
 in order to be effective, it is also necessary that the law is consistently applied
 an effective law must be able to be enforced
 as values in the community change, there is a constant need to change the law
 the law is clearly expressed and widely understood
 if a law is not in line with community values, then people may be inclined to disregard the law
 the law is uniform throughout Australia.
b. Comment on the differences between legal and non-legal rules, using an example of each type to
illustrate your answer. (6 marks)
There are two types of rules:
 Legal rules: Legal rules permit, modify or prohibit the activities of people. They are made by lawmaking bodies, such as parliament and local councils, and can be enforced through the courts.
 Non-legal rules: Non-legal rules determine what behaviour is unacceptable in particular groups or
institutions. They can be set by a range of groups or institutions, such as schools, universities,
sporting clubs and recreational venues, and apply only to people directly involved with those
groups or institutions. These cannot be enforced through the courts.
Note: Students need to use examples to illustrate the differences between legal and non-legal rules.
c. Explain four reasons why society needs laws. (8 marks)
There are a number of reasons why society needs laws. They include:
 to protect society and keep it functioning
 to protect individual rights and minimise behaviour that disrupts or harms society
 to outline acceptable behaviour and prevent conflict
 to outline how disputes will be resolved
 to prevent future conflict.
d. Describe the two main bodies that make law. (2 marks)
The two main bodies that make law are:
 Parliament: Parliament makes statute law, which is also referred to as ‘legislation’ or ‘Acts of
parliament’. Parliament may also delegate its law-making powers to other bodies known as
‘subordinate authorities’, such as local councils.
 Courts: Courts make laws on a new issue that arises in a case before them when no relevant
legislation exists or when the existing common law requires expansion, and through the process of
interpreting the meaning of legislation applicable to individual cases when it is ambiguous or
unclear. Law made by courts is also known as ‘judge-made law’ or ‘common law’. Many criminal
offences originate in common law; for example, the right to silence has evolved over time through
common law.
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Option 3
‘The jury system is a democratic system that adds greatly to the fairness and effectiveness of our
criminal justice system.’
Discuss the extent to which you agree or disagree with this statement. (20 marks)
Students need to consider the strengths and weaknesses of the jury system and come to a well-supported
conclusion.
For full marks, students should have a clear statement on the extent to which they agree or disagree with the
statement. They should consider (and explain) a number of strengths and weaknesses of the jury system
and explain how this relates to the fairness and effectiveness of our criminal justice system. Students should
be able to rebut some of the counter-arguments to their position.
The essay should be well structured with a clear introduction, use of topic sentences, paragraphs and a
conclusion that draws together the main arguments without merely repeating them.
Possible strengths of the jury system are:
 decisions reflect the views of the community
 juries are independent and impartial
 juries are a cross-section of the community and reflect prevailing community attitudes
 decision-making is spread across a number of people
 the jury system provides trials that are free from political interference
 the jury system has stood the ‘test of time’ and has historical significance.
Possible weaknesses of the jury system are:
 jury deliberations are kept secret and reasons do not have to be given
 juries may not be a true cross-section of the community as people are able to be challenged or
excused for a good reason
 a jury can add to the cost and length of a trial
 there is some doubt as to whether juries understand and recall evidence that can be complex and
technical
 jurors may be influenced by bias and prejudice
 juries can experience difficulty in reaching a decision, even though majority verdicts have been
introduced in Victoria in all cases except for murder and treason.
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