Koori Court

[ktrah]

So I know generally what it is and what it does, but I can't really explain it very well. Does anyone have any advice or a good explanation of Koori Courts? Thanks!

[michak]

So I know generally what it is and what it does, but I can't really explain it very well. Does anyone have any advice or a good explanation of Koori Courts? Thanks!

I may be wrong but I don't think we really need to know anything about the koori court because it has the same jurisdiction as the Magistrate's Court - as it's one of its specialist courts
Unless you mean as a reform? I don't know cause i don't use that one 

[morgs21]

The Koori Court was established in 2002 and is a division of the Magistrate's Court.
It is a sentencing court for Aboriginal offenders who plead guilty to their offence.
It aims to ensure Aboriginals can work out an appropriate sentence for the offender, and effectively reduce recidivism rates (as the percentage of Aboriginals who are found re-offending is quite high).

[ktrah]

Awesome, thanks a heap morgs!

I may be wrong but I don't think we really need to know anything about the koori court because it has the same jurisdiction as the Magistrate's Court - as it's one of its specialist courts
Unless you mean as a reform? I don't know cause i don't use that one 

Yeah it seems to be the only reform I ever remember haha.

[destain]

doesn't the Koori Court extend to County court jurisdiction as well?

[michak]

doesn't the Koori Court extend to County court jurisdiction as well?

Oh year you are right, I forgot about that
yes the County court also has a koori court 

[meganrobyn]

You can't use the *Mag's* Koori Court as a reform, though, because its more than 5 years old.

[destain]

You can't use the *Mag's* Koori Court as a reform, though, because its more than 5 years old.

Could you just use it in a general sense? Koori court implemented to provide Indigenous people with a more culturally apporpraite justice process including a less formal atmostphere lbabhabhalbh...Not specifically stating whether its the Mag or Country court?

And for a possible reform, extending the model to the Supreme Court

[meganrobyn]

Just say County. Easy fix. Better to be specific.

[destain]

Just say County. Easy fix. Better to be specific.

So the Koori County Court has been implemented to....?

Also quick question regarding strengths/weaknesses of the doctrine of precedent,
it provides consistency in outcomes BUT does not provide consistency in sentencing such as amount of damages? Is that right? I remember that from somewhere but I can't find it anywhere now haha

[meganrobyn]

It only creates consistency in the law applied to cases - the outcomes will depend on the facts. And yeh, no precedent applies to sentencing.

[destain]

oh ok so im supposed to say precedent creates consistency in the law that is applied to cases and a corresponding weakness could be that it doesn't create consistency in sentencing

quick last one ;P, in VCAA 2010,  Q10 asks whether we support the retention of juries and to give reasons as to why or why not. But in the examiner's report it says that many students supported the retention of juries but acknowledged some of its weaknesses, so in general even though the question doesn't say to critically examine/evaluate, you're allowed to give weaknesses as well as strengthes?

[michak]

oh ok so im supposed to say precedent creates consistency in the law that is applied to cases and a corresponding weakness could be that it doesn't create consistency in sentencing

quick last one ;P, in VCAA 2010,  Q10 asks whether we support the retention of juries and to give reasons as to why or why not. But in the examiner's report it says that many students supported the retention of juries but acknowledged some of its weaknesses, so in general even though the question doesn't say to critically examine/evaluate, you're allowed to give weaknesses as well as strengthes?

Depends on your stance
When i did that question I said we should retain the jury but it isn't perfect asn chanegs are needed
As a result of this i talked about the juries strengths and weaknesses

[destain]

Yeah thats kinda what I did as well but I was worried because the question didn't exactly ask us to crtically examine/evaluate and just asked whether we support it or not and give reasons on whether we do or not, kinda seemed like a yes/no kinda question instead of an 'in between' questions if you understand me XD

[michak]

Yeah I you could take a definitive yes or no approach
If you sit on the fence though you have to really look at both sides in detail