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COMPAK | LEGAL STUDIES UNIT 3

LEGAL STUDIES UNIT 3

Unit 3, Outcome 1 assessment task A: structured questions Key knowledge and key skills This assessment task addresses the following (selected) key knowledge and key skills outlined in Area of Study 1 in Unit 3. Note that some key knowledge points are not covered in this task. In addition, where part of a key knowledge point or key skill is covered, the applicable words are highlighted in bold.

Key knowledge Key concepts • the principles of justice: fairness, equality and access  • key concepts in the Victorian criminal justice system, including: - the distinction between summary offences and indictable offences  - the burden of proof  - the standard of proof  - the presumption of innocence  • the rights of an accused, including the right to be tried without unreasonable delay, the right to a fair hearing, and the right to trial by jury  • the rights of victims, including the right to give evidence as a vulnerable witness, the right to be informed about the proceedings, and the right to be informed of the likely release date of the accused

Key skills • define and use legal terminology  • discuss, interpret and analyse legal principles and information  • explain the rights of an accused and of victims in the criminal justice system 

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COMPAK | LEGAL STUDIES UNIT 3 • evaluate the ability of the criminal justice system to achieve the principles of justice  • synthesise and apply legal principles and information to actual and/or hypothetical scenarios. Source: VCE Legal Studies Study Design (2018–2022), VCAA, pages 17–18

Question 1 (9 marks) Taylah and Hannah are friends. Following an argument Taylah hits Hannah who falls to the ground causing a traumatic brain injury. Taylah has been charged with intentionally causing serious injury and has been released from custody on bail while awaiting a trial in Victoria’s County Court. a. Has Taylah has been charged with an indictable offence or a summary offence? Justify your answer. 3 marks

Indictable offence -serious case -held in the county court -trial Summary offences are called hearings and in the magistrate court Offence in the Crimes act - intentionally causing serious injury

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JUSTIFY: Opposite

COMPAK | LEGAL STUDIES UNIT 3

b. Hannah is a victim in the above case. Outline two rights of victims during criminal trial proceedings and explain how granting each right helps to achieve one of the principles of justice. In your answer refer to a different principle for each right. 6 marks

Two rights of the victim: 1. Right to be informed about the proceedings 2. Right to give evidence as a vulnerable witness

Outline and explain are task words Victims charter

Criminal proceedings

3. Right to be informed of the likely release date of the accused

Fairness- may be disadvantage due to her Hannahs suffering of a serious brain injury Equality- disadvantaged due to her injury

Access- knowledge about criminal proceedings, knowing legal rights, know whats happening

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COMPAK | LEGAL STUDIES UNIT 3

Question 2 (4 marks) Explain how the right of an accused to be presumed innocent until proven guilty is upheld by the burden of proof and the standard of proof in a criminal case.

****** Define all three legal definitions: Burden of proof: prosecution carries burden of proving guilt of the accused defendant does not have to prove their innocence

Standard of proof: Beyond reasonable doubt, standard is so high, If juror of 12 all come up with decision it is

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COMPAK | LEGAL STUDIES UNIT 3

Question 3 (7 marks) Cherry, 17, is charged with the indictable offence of trafficking in a drug of dependence. Cherry’s lawyer informs her that she has a number of rights as an accused, including the ‘right to a fair hearing’ and the ‘right to be tried without unreasonable delay’. a. Outline the meaning of the right to a fair hearing.

2 marks

Right to a fair hearing charter of human rights right to role of the judge- independent and impartial, competent and fair

public justice must be seen to be done

b. Outline the meaning of the right to be tried without unreasonable delay and explain how upholding this right would help to achieve the principles of fairness and access in this case. 5 marks

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COMPAK | LEGAL STUDIES UNIT 3

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COMPAK | LEGAL STUDIES UNIT 3

Extra space for responses Clearly number all responses in this space.

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