HSC Legal Studies: Suggested Answers and Discussion

[jamonwindeyer]

Hey thanks,

I think it is the Court of the Criminal Appeal simply because of the Court's appellate jurisdiction of the District and Supreme Court which is where most offenders who are found guilty of an indictable offence are sentenced, I'm not too sure the Attorney General would be too concerned with the sentencing decisions in the Local Court simply due to the sheer number of cases before the Local Court. So just by logic it would be the Court of Criminal Appeal and yes I don't think I can give a source simply because the legislation itself just says "court" but all of the guideline judgements have been issued by the CCA.

idk got 19/20 question 5 trolled me

All good, I just found a source backing you up, you are totally right!! I'll amend the answers above, fantastic catch Pulse, awesome work on the MC (Question 5 was a massive troll)

See Laurad, you should always raise an issue if you spot one

Actually, should have believed you based on the fact that A makes it three A's in a row, lol

[zachary99]

i did legal studies last year so wanted to check this years paper.........and this years paper was very easy in my opinion haha
- anyone who has looked at past papers and forums could've guessed young offenders from 9999999 miles away haha (but congrats anyway Jamon )
- mc was okay really, not that bad
- family and workplace (which were my electives) were nothing out of the blue, as jamon mentioned, one specific and one broad.
Hopefully everyone on the forum smashed it

[AFix]

I thought if you expressed your right to silence, you couldn' then rely on this evidence and use it in court?

[jamonwindeyer]

i did legal studies last year so wanted to check this years paper.........and this years paper was very easy in my opinion haha
- anyone who has looked at past papers and forums could've guessed young offenders from 9999999 miles away haha (but congrats anyway Jamon )
- mc was okay really, not that bad
- family and workplace (which were my electives) were nothing out of the blue, as jamon mentioned, one specific and one broad.
Hopefully everyone on the forum smashed it

It was definitely one free of curveballs (and yep I agree, very predictable Crime question ), agree with you on all fronts!

[jamonwindeyer]

I thought if you expressed your right to silence, you couldn' then rely on this evidence and use it in court?

A quote from the act that Celeriac kindly linked to above:

(1) In a criminal proceeding for a serious indictable offence, such
unfavourable inferences may be drawn as appear proper from
evidence that, during official questioning in relation to the
offence, the defendant failed or refused to mention a fact:
(a) that the defendant could reasonably have been expected to
mention in the circumstances existing at the time, and
(b) that is relied on in his or her defence in that proceeding.

That is, if the defendant relies on new facts in their defence that weren't mentioned in questioning, we can draw a negative inference for that... At least that's how I interpret it!

[itswags98]

Jamon do you think the alignment thus year will be too easy than previous years?! I need around 83-84 hsc mark what raw do you think that is?

Also I got 18/20 for multiple choice yeeewww

[Lauradf36]

Yayyy that means 18/20 woo! 🎉 🎉 🎉

[elysepopplewell]

Yayyy that means 18/20 woo! 🎉 🎉 🎉

Yay! You deserved it! You've been so actively studying and seeking assistance for the past few months, I'm stoked for you!

What did you think of the rest of the paper?

[Essej]

There were some tricky MC hey! I'm keen to hear thoughts on a few of the answers I've posted above, just a couple that were on the tricky end!

You scared me with Q19 for a minute  but if it is in fact D then I've got 20

[Adam.Stephanou]

Darn I thought everyone was given the right to legal aid if they were charged with a serious indictable offence...so shouldn't it be A??

How can they determine if a injustice is going to occur if it hasn't occurred yet haha?? Idk very confused! Overall it was a nice test except for family cause I left it till last and time got the better of me 

[isaacdelatorre]

And with that, I am finished!!!!!
 
Legal was an unsurprisingly easy exam; which makes me anxious as to how i performed compared to everyone else. Crime essay was quite predictable, human rights shocked me with the 2, 6, 7 breakdown but was good for saving time Options questions seemed quite broad and I wasn't too sure if I discussed co-operation in enough detail. I did the multiple choice in a rush in the last 10 mins, so I think I got most of them right, a few curveball questions that confused me, although in my panicked state I may have coloured the wrong bubble in. This exam freaked me out a little and I couldn't totally think clearly but I got down all my thoughts (I hope) so I'm hoping for the best!!!

You guys have been amazing!!! Thanks for your help over the year, life savers

[elysepopplewell]

And with that, I am finished!!!!!
 
Legal was an unsurprisingly easy exam; which makes me anxious as to how i performed compared to everyone else. Crime essay was quite predictable, human rights shocked me with the 2, 6, 7 breakdown but was good for saving time Options questions seemed quite broad and I wasn't too sure if I discussed co-operation in enough detail. I did the multiple choice in a rush in the last 10 mins, so I think I got most of them right, a few curveball questions that confused me, although in my panicked state I may have coloured the wrong bubble in. This exam freaked me out a little and I couldn't totally think clearly but I got down all my thoughts (I hope) so I'm hoping for the best!!!

You guys have been amazing!!! Thanks for your help over the year, life savers

This is what we love to hear! I truly think that Legal is one of the subjects where you actually know at least 5x as much as what you could ever display in an exam, even if you got full marks. It's a shame that we can't just take a memory chip out of our brains for submission, because the marks would definitely be higher! The exam situation is stressful, but hey, pressure makes diamonds It sounds like you did a great job. I'm so glad Y.O was tested...it's about time, and everyone was ready for it. Admittedly, my own cohort was ready for it, we were expecting it...so I'm glad you guys got it

You've been amazing Isaac...you've shown such dedication and commitment to your studies and you should be so proud of yourself! SO proud of yourself!

[Lauradf36]

Yay! You deserved it! You've been so actively studying and seeking assistance for the past few months, I'm stoked for you!

What did you think of the rest of the paper?

Aw thanks! I loved most of it - the human rights was gold, young offenders essay pretty good, fam essay pretty good, but world order essay I chose a) and found hard to narrow down what my response should be on (cooperation I feel like can be anything!). Apart from that I'm stoked it's all over!

[mmmm675]

hello! thanks for your answers! just a quick question, my friend is convinced that Q17 is A and says the right to legal aid was established under 'Dietrich v Queen (1992)'. Would you be able to discuss briefly why it's D? (which is what I put)
thanks!

[Celeriac]

hello! thanks for your answers! just a quick question, my friend is convinced that Q17 is A and says the right to legal aid was established under 'Dietrich v Queen (1992)'. Would you be able to discuss briefly why it's D? (which is what I put)
thanks!

Hey! I'm not Jamon but I thought I'd give my input. Prior to Dietrich v the Queen (1992), it was affirmed that a defendant can have a fair trial without access to legal representation. This occurred through the case of McInnes v the Queen (1979). The prosecution had so much evidence stacked up against Mcinnes that it was said that he did not require legal aid for a fair trial. In Dietrich v the Queen, it was said that the defendant has a right to legal representation if they cannot receive a fair trial without one.

So, individuals do not always have a right to legal representation, which is implied by A. They only have a right to legal representation if they would not receive a fair trial (which is an injustice) without one. Thus the answer is D and not A.

Sorry if I explained this poorly! I'm sure Jamon will provide a clearer answer.