Culpable Driving Question: Magistrates or County Court?

[babygurl]

What do most people think?

I wrote the Magistrate's Court and that the sentece will be passed down via a Magistrate. However, there seems to be considerable debate on the answer :|

[claire92]

I think its a VCAA stuff up, and they have to accept both or else they will have alot of angry legal kids.

I've look at some cases and asked my brother and he said it could be both, but the court is determined by the severity of the offence.

But he also said traditionally it would be county, therefore VCAA may pull an 'most obvious court' ....

I think I might write a letter to VCAA and attach a few examples of culpable tried in Magistrates *not summarily*.

I wrote magistrates Court, and then for part b, I wrote Magistrates judge.

[Studyinghard]

i didnt even get the point of the second question on that second page. like obviously the judge decides the final outcome? like who else does?  a guy off the road? wtf

[claire92]

I wonder how on earth VCAA let that question slip by...

[aposta28]

It would of been a nice trick question if it was a civil case
as the jury decides on the remedy...

[AVeryAverageUsername]

i didnt even get the point of the second question on that second page. like obviously the judge decides the final outcome? like who else does?  a guy off the road? wtf

If it was County it would have been a jury...that's what made me more confused because it made me think it may have been either XD

[Studyinghard]

oh wow didnt even think for that then mayb it will defs be county court and not magistrates court.. they clearly went for the double trick there

[andy456]

i didnt even get the point of the second question on that second page. like obviously the judge decides the final outcome? like who else does?  a guy off the road? wtf

If it was County it would have been a jury...that's what made me more confused because it made me think it may have been either XD

If its County Court the judge still decides the sanction the jury only decides the verdict, isnt it?

[chrisjb]

i didnt even get the point of the second question on that second page. like obviously the judge decides the final outcome? like who else does?  a guy off the road? wtf

If it was County it would have been a jury...that's what made me more confused because it made me think it may have been either XD

If its County Court the judge still decides the sanction the jury only decides the verdict, isnt it?

Yep, that's the theory behind the answer being County Court- VCAA was trying to trick people into saying the jury decided the sanction.

[AVeryAverageUsername]

Oh was it sanction? I couldn't remember whether it was sanction or decision. God, not even 4 hours afterward and I can't remember XD Blah, ignore the ramblings of a crazy guy with crap memory. Must have missed that in the actual exam though, good thing I picked the Magistrates' and have the possibility of the awarding anyhow, would probably have went with jury XD

[lilaznkev1n]

Ohh I see I really hope they accept it.

Do you think they will accept just magistrate (cause I didn't right Magistrate judge)?

And also I wrote imprisonment for the criminal sanction..is that right?

yeah they probably will accept magistrate
i wrote " magistrate (independent and impartial adjudicator)"

[peterle1]

Culpable driving means: driving causing death

so doesnt it mean that this would be heard in the Supreme court....

[lara2707]

I wrote county, and my teacher said it would be accepted :| Hopefully they are lenient with their marking!!

[nabbiechan]

Culpable driving means: driving causing death

so doesnt it mean that this would be heard in the Supreme court....

It can be in county court too...

[claire92]

Do you think they'll be strict on people saying 'magistrates judge' just to crack down?