2007 EXAM - Your Thoughts

[Jadelz]

5 pages for precedent!!!
holy shit
lol
I would have struggled with 1 and a half! how can u write so much on it?

I just went through the operation of precent, how its formed and where its found (you know all the stare decisi, ratio decidendi, obiter dictum stuff). Why it exists. Difference between binding and persausive. Then reversing, overruling, distinguishing and disaproving and how that a agrees or does not agree with the quote they gave us. they taked about how it was both flexible and rigid and what the effect of that was...meh i just managed to bullshit on a fair bit  

[costargh]

Fair enough
lol
yeh i wooda felt really all over the place with a question like that
I like structure in my answers. Hope u did well on it =) u think most ppl did the jury question?

[Jadelz]

I hope I did too because I know a couple of screw ups I made, like about hearing the case in another court...I said it was a summary offence so Bruce couldn't. Meh. Is anyone acctually sure if breaking and entering is a summary of indictable offence?

[costargh]

I am pretty sure that it can be heard on indictment.

It just didnt make sense for the question to be No that is incorrect.

[Jadelz]

Well the second part was definatly not correct. True it dosent make sense, I wasn't really thinking but I still mentioned that even if he could have his case heard in another court it wouldn't be advisable because of severity of sentance and cost etc. So hopefully I'll get two marks out of 3 for that question.

[costargh]

yeh
what did you say for the appeals?

[Jadelz]

P.o.f county, p.o.l supreme and explained what each of those were. Is that right? I always have difficulty remembering appellate jurisdiction..

[costargh]

p.o.f = point of fact???
umm i dont think so... im pretty sure its appeal on point of law to the supreme -trial division and appeal to the county on sanction and conviction

and considering it was 1 mark ( i think) i dont think u needed to explain it that thoroughly.

[Pencil]

yeah point of fact is to do with civil, not criminal

[Jadelz]

Oh yeah sorry. I didn't write p.o.f but its kinda the only way I can remember it in my head. The way I think of it, santion and conviction are facts and I can remember that they are appealed to the county court cos "f" comes before "l" (p.o.l) in the alphabet just like "c" (county crt) comes before "s" (supreme crt, appealate jur)...I must be getting tired. Haha sorry I didn't mean tto explain my whole memorization process...just...I'm pretty sure I wrote the right thing. God I'm ramberling. I think it's time for bed. Nighty night people

[igs07]

For appeals I just said County, I thought why on earth would a minor offence such as theft of a TV be heard all the way to the Supreme, but I find out it does hear appeals.  However most of our school just said County, some said Supreme.

[costargh]

You had to learn your appeals process for that. On a Point of law it goes to supreme because its a case of major importance (ie they are questioning the law) and therefore it may be setting a precedent because its a superior court of record. (i hope thats the right explanation... its 10am and i woke up 10 minutes ago and skulled a V. Year 11  exams today =(

[igs07]

Oh well I really dont care it was one mark, ill get half

[costargh]

They don't give half marks (ie. you cant get 0.5 out of 1, although you can get 1 out of 2)

But yeh only one mark so it really is a very small error that won't make a substantial difference =)

[costargh]

SICKKKKKkkkk of people saying that Childen's Court was the answer for the Bruce jurisdiction question


This is what I PM'ed PeteShep from BoS website arrogantly proclaiming answer is Childen's Court

Hey in BoS you said that Childrens court well in fact YOUR WRONG =)
soz just had to tell you that I got the mark and you didnt =)
   
Jurisdiction

The Criminal Division of the Children's Court of Victoria has jurisdiction under section 516 of the Children, Youth and Families Act 2005 to hear and determine charges against young people aged between 10 and 17 years at the time of committing the alleged offence.

Source
http://www.childrenscourt.vic.gov.au/CA256CA800014B4A/page/Criminal+Division?OpenDocument&1=30-Criminal+Division~&2=~&3=~

Sooooo looks like I got the mark and you didn't =)

If someone commits an offence at the age of 18 they are obviously tried as an adult and not a child.