ATAR Notes: Forum

VCE Stuff => VCE Business Studies => VCE Subjects + Help => VCE Legal Studies => Topic started by: ktrah on November 08, 2012, 09:07:55 pm

Title: Koori Court
Post by: ktrah on November 08, 2012, 09:07:55 pm
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!
Title: Re: Koori Court
Post by: michak on November 08, 2012, 09:11:22 pm
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  ;)
Title: Re: Koori Court
Post by: morgs21 on November 08, 2012, 09:14:35 pm
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).
Title: Re: Koori Court
Post by: ktrah on November 08, 2012, 09:28:29 pm
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.
Title: Re: Koori Court
Post by: destain on November 08, 2012, 10:04:38 pm
doesn't the Koori Court extend to County court jurisdiction as well?
Title: Re: Koori Court
Post by: michak on November 08, 2012, 10:05:40 pm
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  :D
Title: Re: Koori Court
Post by: meganrobyn on November 08, 2012, 10:26:03 pm
You can't use the *Mag's* Koori Court as a reform, though, because its more than 5 years old.
Title: Re: Koori Court
Post by: destain on November 08, 2012, 10:28:40 pm
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
Title: Re: Koori Court
Post by: meganrobyn on November 08, 2012, 10:35:09 pm
Just say County. Easy fix. Better to be specific.
Title: Re: Koori Court
Post by: destain on November 08, 2012, 10:37:25 pm
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
Title: Re: Koori Court
Post by: meganrobyn on November 08, 2012, 10:41:08 pm
It only creates consistency in the law applied to cases - the outcomes will depend on the facts. And yeh, no precedent applies to sentencing.
Title: Re: Koori Court
Post by: destain on November 08, 2012, 10:46:06 pm
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?
Title: Re: Koori Court
Post by: michak on November 08, 2012, 10:49:20 pm
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
Title: Re: Koori Court
Post by: destain on November 08, 2012, 10:52:16 pm
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
Title: Re: Koori Court
Post by: michak on November 08, 2012, 10:54:42 pm
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
Title: Re: Koori Court
Post by: Azerel on November 14, 2012, 02:18:20 pm
The County Koori Court could be applicable in a lot of examination questions where it asks for effective access to the legal system as a recent change (2009) or for cultural differences.
Where the County Koori Court in it's statistics; has greatly reduced the numbers of Indigenous recidivists - "An evaluation report found that of 31 people sentenced by the court, only one was found to have re-offended, for being drunk in a public place." Questions which involving 'effectiveness of the legal system' tend to be prevalent in most examination and examination style questions!  ;)

Read more: http://www.theage.com.au/victoria/plans-to-expand-indigenous-county-court-20120624-20vyn.html#ixzz2CAB3pmMu