VCE Legal Studies Question Thread

[dsabeta]

Hey guys,
How do the rights of an accused (being tried without unreasonable delay, the right to a fair hearing, and the right to trial by jury) impact on the principles of justice?
Thanks!

[addictwithatextbook]

Hey guys,
How do the rights of an accused (being tried without unreasonable delay, the right to a fair hearing, and the right to trial by jury) impact on the principles of justice?
Thanks!

This! I'm not entirely sure, but I'll try because it might help me
The right to be tried without unreasonable delay on: access - optimal time for the prosecution and the accused to pursue their case in court; equality - all accused is being treated equally by having this right; fairness - noone is at a disadvantage by being held in remand unnecessarily (unfair to their right of freedom like serving a prison sentence for no valid reason)
The right to a fair hearing: access - a fair and impartial judge as well as a public hearing allows a way for charges to be heard fairly and people to see criminal justice system happening; equality - all accused should have a professional and impartial judge to hear their case; fairness - a fair judge (impartial) and a public hearing (can see all the trial processes and scrutinise if done unfairly) does not allow favouritism and discrimination to occur
The right to trial by jury: access - to be determined guilty beyond reasonable doubt or not guilty by another means through peers is another way for access...?; equality - all accused of an indictable offence have the right to trial by jury; fairness - to be judged by an impartial jury does not allow favouritism and discrimination to occur
Is this right? I'm highly sure some points are incorrect or need to be expanded on, as the points (especially equality) are quite similar and true for almost any right

[TheBamboozler]

Hello!

I was wondering with regards to the rights of a victim in a sexual assault case. Are witnesses able to give evidence through a recording so they don't have to attend the trial?

[Lear]

From what I’ve learnt so far, there are measures in place so that vulnerable victims don’t have to physically be in court to give evidence. Their evidence is given through CCTV (closed circuit television) so that they do not have to face offenders. This still allows the defence to cross examine the witness. There are certain cases where cross examining a witness is not allowed but I am not sure if evidence is allowed to be simply be given through a prerecorded video.

[clarke54321]

Hello!

I was wondering with regards to the rights of a victim in a sexual assault case. Are witnesses able to give evidence through a recording so they don't have to attend the trial?

In conjunction with what Lear has already mentioned, you may find this article from The Age worthy of some consideration. From what I've surmised, victim collaboration (in a physical sense) is, to some extent, still required in our courts.

[dsabeta]

This! I'm not entirely sure, but I'll try because it might help me
The right to be tried without unreasonable delay on: access - optimal time for the prosecution and the accused to pursue their case in court; equality - all accused is being treated equally by having this right; fairness - noone is at a disadvantage by being held in remand unnecessarily (unfair to their right of freedom like serving a prison sentence for no valid reason)
The right to a fair hearing: access - a fair and impartial judge as well as a public hearing allows a way for charges to be heard fairly and people to see criminal justice system happening; equality - all accused should have a professional and impartial judge to hear their case; fairness - a fair judge (impartial) and a public hearing (can see all the trial processes and scrutinise if done unfairly) does not allow favouritism and discrimination to occur
The right to trial by jury: access - to be determined guilty beyond reasonable doubt or not guilty by another means through peers is another way for access...?; equality - all accused of an indictable offence have the right to trial by jury; fairness - to be judged by an impartial jury does not allow favouritism and discrimination to occur
Is this right? I'm highly sure some points are incorrect or need to be expanded on, as the points (especially equality) are quite similar and true for almost any right

Thank you sososo much!! This helped me heaps :-))

[TheBamboozler]

In conjunction with what Lear has already mentioned, you may find this article from The Age worthy of some consideration. From what I've surmised, victim collaboration (in a physical sense) is, to some extent, still required in our courts.

Just wanted to say thanks for the article. Thanks to Lear as well, this really did help me out.

[MissSmiley]

Hello everyone

Could you guys check if I've got my brief answers correct for the questions below about vulnerable offences?

For each of the scenarios below, state whether each of the witnesses is entitled to the protections they seek.

a   Darryl saw Alice disturbing a place of religious worship, which is a summary offence. Darryl has been called as a witness and he wants to give evidence by way of closed-circuit television.
No, Darryl will not be entitled to give evidence by way of CCTV because he is giving evidence for a summary offence whereas vulnerable witnesses are recognised for offences such as sexual assault, family violence or indictable offences involving assault on or injury or threat of injury to a person. Question: can you give evidence as a vulnerable witness for a summary offence?
Also, (if evidence is allowed to be given as a vulnerable witness for a summary offence), unless Darryl is under 18 years old or has a cognitive impairment or unless the court considers him to be vulnerable, he will not be able to give evidence through CCTV. It will have to be in public.

b   Amanda is a witness for the prosecution in a proceeding where Samantha has been charged with singing an obscene song (the offence of using obscene, indecent, threatening language or behaviour). Amanda wants to be declared a protected witness, and she wants her mother by her side while she is giving evidence.
if the offence of obscene, indecent, threatening language or behaviour was in public then Amanda will be able to have her mother by her side while giving evidence. However, she cannot be declared as a protected witness, as the crime for which she is giving testimony is not a sexual offence or family violence offence, for which protected witnesses can be declared.

c   Anita has been charged with rape. The complainant is 15 years of age and wants a special hearing at which to give evidence. The complainant also does not want the accused to cross-examine her.
Yes, the complainant who is filing the case against Anita (is this the correct definition of a complainant? person who 'complains' about the accused?) is automatically given provisions when giving evidence, as this is a sexual offence (rape) case.

d   Anis witnessed a murder, for which Andrew has been charged. Anis does not want any legal practitioners formally robed while he is giving evidence.
Only if Anis is under 18 and has a cognitive impairment, he has protections. But the court won't necessarily allow for lawyers to not be formallyrobed while he's giving evidence, as this is not a sexual offence, family violence or obscene or indecent offence case. Lawyers not being formally robed is an alternative arrangement for those types of cases only.

e   Harriet is the complainant in a family violence case. She agrees to be in the courtroom when she gives evidence, but she doesn’t want to see the accused when she does so.
Yes, amongst the protections that the court allows for complainants in a family violence case, there is an alternative arrangement to allow only certain persons to be present when evidence is given. The court is likely to disallow the accused to be in court, to avoid Harriet feeling intimidated by the accused whilst giving evidence in court.

I'd really love if people looked over this and gave me any of their thoughts on how they'd approach it!
I wasn't sure about the bolded and red questions, so if anyone knows how to clarify, even amazing !!

Thanks guys Really appreciate your help !

[MissSmiley]

Hi guys,

Would really really appreciate it if anyone can answer just these two questions:

1. Can you give evidence as a vulnerable witness for a summary offence?

2. In Victoria, all indictable offences are heard by a jury (when the accused pleads guilty). But other states accused can apply to have a case heard by judge alone. WHY?? (Has this got something to do with the Constitution?)

Thank you so much, guys!!
Would really love a response !!

[Lear]

Could you guys check if I've got my brief answers correct for the questions below about vulnerable offences?

Chapter 3.5 Questions I see 
I was waiting for someone more knowledgeable than me to answer but since no one has i'll just put my two cents in.
I got very similar responses to you just with some wording differences. I believe it is important to outline what conditions must be met for specific protections (page 67 textbook) as you have perfectly shown. Overall your responses are likely to be given full marks if this was an exam/sac question. I highly doubt questions like these would be more than 3-4 marks. Split into something like
1 mark - Identifying indictable/summary
1 mark - Identifying correct requirements for protection
1 mark - correct answer.

As for your question on vulnerable witnesses in summary cases, I do not think that any summary offences are strong enough to warrant a witness being classified as vulnerable. The types of cases where the victim needs protecting are probably mostly heard in County/Supreme court and are therefore indictable offences. Quick disclaimer - This is just my understanding and may not be correct. Unfortunately I haven't been able to find anything online regarding this. Good question!

I think the word complainant may be used incorrectly in the textbook. Looking at some cases online I haven't been able to find any documents referring to a 'complainant' Except for sexual offence cases such as http://classic.austlii.edu.au/au/legis/vic/consol_act/cpa2009188/s376.html and http://classic.austlii.edu.au/au/legis/vic/consol_act/cpa2009188/s376.html
Since this question refers to a case regarding a sexual offence, I think it is safe to refer to the victim as complainant. However, I am not sure if it right to do that outside of these such cases. In Civil Cases, however, the plaintiff is sometimes referred to as complainant.

I am not too sure on the question about other states but I think this would be outside the VCE 3/4 Legal Studies course.

[Glasses]

Hi guys,

Would really really appreciate it if anyone can answer just these two questions:

1. Can you give evidence as a vulnerable witness for a summary offence?

2. In Victoria, all indictable offences are heard by a jury (when the accused pleads guilty). But other states accused can apply to have a case heard by judge alone. WHY?? (Has this got something to do with the Constitution?)

Thank you so much, guys!!
Would really love a response !!

Hi there!

1) I would believe so, yes. Whilst this is probably quite uncommon for victims of crime (seeing as summary offences are less serious and usually less violent), I would imagine that children, those with intellectual disabilities, etc. could still give evidence as vulnerable witnesses in summary offence proceedings.
2) There is nothing in the Victorian Constitution regarding trial by jury; and the Commonwealth Constitution only guarantees the right to trial by jury for indictable Commonwealth offences. So to the best of my knowledge, it doesn't have anything to do with the Constitution. I'd say it just comes down to different states having different laws; although each approach would have its own pros and cons.

Hope this helps!

[MissSmiley]

Chapter 3.5 Questions I see 
I was waiting for someone more knowledgeable than me to answer but since no one has i'll just put my two cents in.
I got very similar responses to you just with some wording differences. I believe it is important to outline what conditions must be met for specific protections (page 67 textbook) as you have perfectly shown. Overall your responses are likely to be given full marks if this was an exam/sac question. I highly doubt questions like these would be more than 3-4 marks. Split into something like
1 mark - Identifying indictable/summary
1 mark - Identifying correct requirements for protection
1 mark - correct answer.

As for your question on vulnerable witnesses in summary cases, I do not think that any summary offences are strong enough to warrant a witness being classified as vulnerable. The types of cases where the victim needs protecting are probably mostly heard in County/Supreme court and are therefore indictable offences. Quick disclaimer - This is just my understanding and may not be correct. Unfortunately I haven't been able to find anything online regarding this. Good question!

I think the word complainant may be used incorrectly in the textbook. Looking at some cases online I haven't been able to find any documents referring to a 'complainant' Except for sexual offence cases such as http://classic.austlii.edu.au/au/legis/vic/consol_act/cpa2009188/s376.html and http://classic.austlii.edu.au/au/legis/vic/consol_act/cpa2009188/s376.html
Since this question refers to a case regarding a sexual offence, I think it is safe to refer to the victim as complainant. However, I am not sure if it right to do that outside of these such cases. In Civil Cases, however, the plaintiff is sometimes referred to as complainant.

I am not too sure on the question about other states but I think this would be outside the VCE 3/4 Legal Studies course.

Aw really?!  Our school uses the Cambride Making and Breaking the Law textbook, so I looked at page 67 and there was no such thing about vulnerable witnesses, and then light bulb moment! I imagined you were talking about the Oxford text?  I just wish I had the Oxford text
But our school ppts have all the required things, so no worries!

Yup, as long as that's what you'd write as well, that gives me an indication that answers for these questions are gonna be along the same lines. (as long as you memorise the vulnerable witness criteria and special arrangements, what not, you'll just have to be attentive during the SAC (or exam)).

Yeah, I find commonality in what you and Glasses have said, in that because summary offences are minor or less serious offence, they won't involve as much intimidation as would indictable offences such as sexual or family violence offences would. So yup, definitely agree!
I like Glasses observation though, so for children who may have intellectual disabilities (for e.g.) could still give evidence for summary offences...

Yeah, with complainant, I'd just settle on the person who complains!! 
But thank you so much for giving me the link to the Austlii Criminal Procedure Act!!

I think the jury question was just there to stimulate our brains and think about the answer to it when we're answering something about the right to trial by jury, but I'll see what my teacher says... (I still want to know though, it's a good question from our ppt)

Thanks once again, Lear !

Hi there!

1) I would believe so, yes. Whilst this is probably quite uncommon for victims of crime (seeing as summary offences are less serious and usually less violent), I would imagine that children, those with intellectual disabilities, etc. could still give evidence as vulnerable witnesses in summary offence proceedings.
2) There is nothing in the Victorian Constitution regarding trial by jury; and the Commonwealth Constitution only guarantees the right to trial by jury for indictable Commonwealth offences. So to the best of my knowledge, it doesn't have anything to do with the Constitution. I'd say it just comes down to different states having different laws; although each approach would have its own pros and cons.

Hope this helps!

1. I agree!! That's what I replied to Lear about. I like that you've pointed about the children or anyone who the court considers vulnerable (but still rare case in a summary offence) Thank you!

2. Ok... I'll see what my teacher says on Monday!

Thanks for helping, Glasses !

Mod edit: Post merge (Glasses)

[Lear]

Aw really?!  Our school uses the Cambride Making and Breaking the Law textbook, so I looked at page 67 and there was no such thing about vulnerable witnesses, and then light bulb moment! I imagined you were talking about the Oxford text?  I just wish I had the Oxford text
But our school ppts have all the required things, so no worries!

Wait wait hold on, that means both textbooks have the same chapter questions?!? From reading the questions you had I assumed you used the oxford one as the questions are exactly the same That's interesting, there has to be something illegal in that unless they worked together or something. How ironic... A legal textbook...

[MissSmiley]

Wait wait hold on, that means both textbooks have the same chapter questions?!? From reading the questions you had I assumed you used the oxford one as the questions are exactly the same That's interesting, there has to be something illegal in that unless they worked together or something. How ironic... A legal textbook...

  Hilarious!! 
No no, our teachers made worksheets for us, and I guess they accessed the oxford textbook whilst creating the worksheets.
Oh yeah sorry, my bad, I didn't access the making and breaking the law textbook, I got these questions from the worksheet
Thank you!

[The Special One]

My question is why aren't legal exams open book considering most of not all law school exams at uni are open book?

Too much wishy washy content to fully memorise when you have 5 or 6 other subjects going on at the same time.