COMPAK | LEGAL STUDIES UNIT 3

LEGAL STUDIES UNIT 3

Unit 3, Outcome 1 assessment task A:

structured questions
NICK FORD | CANTERBURY GIRLS’ SECONDARY COLLEGE

This assessment task for Outcome 1 in VCE Legal Studies Unit 3 focuses
on the principles of justice, key concepts in the Victorian criminal justice
system, the rights of an accused, and the rights of victims in the criminal
justice system. Suggested answers are provided.

ASSESSMENT TASK DETAILS

Name of task

Structured questions

Unit/area of study

Unit 3: Rights and Justice

Area of Study 1: ‘The Victorian criminal justice system’

Outcome 1

‘Explain the rights of the accused andof victims in the criminal justice system, discuss the
means used to determine criminal cases and evaluate the ability of the criminal justice system
to achieve the principles of justice.’
Source: VCE Legal Studies Study Design (2018–2022), VCAA, page 17

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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
 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

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INSTRUCTIONS AND CONDITIONS

Answer all questions in this question and answer book. The marks for each question are
indicated after each question. Additional space is available following the questions if you need
extra paper to complete an answer. If you use this additional space clearly label each answer
with the appropriate question number.

Conditions: Closed book

Time allowed: 40 minutes (plus 5 minutes reading time)

Marks allocated: 20 marks

QUESTIONS

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

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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

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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.

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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

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

Extra space for responses

Clearly number all responses in this space.

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COMPAK | LEGAL STUDIES UNIT 3

Suggested answers
Note: The answers below are suggestions only. For some questions, more than one answer is
possible. Alternative answers are provided for some questions.

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
Intentionally causing serious injury is an indictable offence.
Intentionally causing serious injury is the most serious of the non-fatal injury offences that
can be charged against an alleged offender in Victoria. The maximum penalty for
intentionally causing serious injury is 20 years. This indictable offence will be heard in the
County Court, which has original jurisdiction to hear all indictable offences except murder
and murder-related offences. Intentionally causing serious injury is not a summary
offence because summary offences are minor offences that are less serious than
indictable offences and are heard in the Magistrates’ Court. Also, Taylah has been
granted bail, which is only used for serious (indictable) offences, whereas offenders
charged with a summary offence receive a summons.
Note: Section 16 of the Crimes Act 1958 (Vic.) provides that a person who, without lawful
excuse, intentionally causes serious injury to another person is guilty of an indictable
offence.
Further information:
Causing serious injury—recklessly and intentionally: recent sentencing practices,
Sentencing Advisory Council, 2011, page 2: https://tinyurl.com/ybbhmfd2
County Court Criminal Division, ‘Category 2 offences’, page 5:
https://www.countycourt.vic.gov.au/files/documents/2018-09/criminal-division-march-
2017-update.pdf
Marking guide:
1 mark for stating that the offence is an indictable offence
1 mark explaining why the offence is an indictable offence
1 mark for explaining why it is not a summary offence

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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
Note: This is one of a number of possible answers to this question.
The Victims’ Charter Act 2006 (Vic.) recognises the impact of crime on victims and
outlines a number of rights that victims should be afforded. The Criminal Procedure Act
2009 (Vic.) sets out protections available to vulnerable witnesses when giving evidence.
One right for victims of crime is to give evidence as a vulnerable witness. This refers to
Hannah’s right to special arrangements to be made for victims giving evidence, such as
having a friend or family member to support the victim in court (provided they are not
connected to the case), the use of a screen in the courtroom to block the accused from
view, or giving evidence from a remote witness room via closed-circuit TV (CCTV). Such
arrangements should remove obstacles to giving evidence, assist a victim to give their
best evidence and help them feel at ease when faced with the daunting task of giving
evidence, thus limiting the chance of a victim’s testimony being compromised. This helps
to achieve the principle of fairness, as all evidence being presented as accurately and
completely as possible is more likely to promote a fair trial and outcome.
Another right of victims of crime is the right to be informed of proceedings. A victim of
crime has a right to be kept informed about the charges laid against an accused person.
The police will either contact the victim by phone or mail to tell them that the accused
person has been charged, and what the charges are. A ‘Notice to the Victim’ can be
completed when reporting a crime to the police and will include an ‘Incident Number’. This
is the number police use to keep track of the case. This right helps to achieve the
principle of access to the legal system, as the victim can prepare for their role in the
proceedings, and have knowledge of the charges laid, the date and place of the hearing,
the charges, and the outcome of any bail proceedings and the trial.
Another right:
The right to be informed of the likely release date of an offender. If registered with the
Victims Register a victim is entitled to be provided with details about when a sentenced
person is likely to be released from jail or home detention. This right helps to promote the
principle of fairness as it gives the victim the opportunity to prepare for the offender
returning to society, which is likely to cause the victim significant stress or fear.
Note: Alternatively, students could state that the arrangements that are put in place by
granting the right to give evidence as a vulnerable witness helps to achieve the principle
of access as it allows victims of crime, who have an inherent interest in the prosecution
of a crime, to participate in the criminal trial process. They could state that the right to be
informed of proceedings, including the stages of an investigation, upholds the principle of
fairness because it gives the victim a voice in the proceedings. In addition, students
could state that the right to be informed of the likely release date of an offender upholds
the principle of access, as the Victims Register allows victims to exercise this right,
thereby enabling them to participate in criminal proceedings in which they have a direct
interest.
Marking guide:
1 mark for outlining each right (x two = 2 marks)
2 marks for explaining how each right helps to achieve one of the principles of justice
(x two = 4 marks)

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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.
The burden of proof refers to the duty of the prosecution to prove that the defendant has
committed the crime they are charged with. The standard of proof refers to the level of certainty
that determines whether the accused is guilty. In a criminal case the required standard of proof
is ‘beyond reasonable doubt’. In other words, the prosecution must prove that the evidence
against the accused is so convincing that a reasonable person would not hesitate to act on it,
that there is no doubt that the accused committed the crime, and that every element of the crime
is proved.
The presumption of innocence is a principle in common law that an accused person is
considered innocent until proven guilty, that is, an accused person does not have to prove that
they are innocent. Therefore, the presumption of innocence imposes on the prosecution the
burden of proving the charge (burden of proof) and guarantees that no guilt can be presumed
until the charge has been proved beyond reasonable doubt (standard of proof). Hence, the right
of an accused to be presumed innocent until proven guilty is upheld by the burden of proof in a
criminal trial. In addition, the presumption of innocence is also upheld by the very high standard
of proof required in a criminal trial.
Marking guide:
1 mark for defining the burden of proof
1 mark for explaining how it supports the presumption of innocence
1 mark for defining the standard of proof
1 mark for explaining how it supports the presumption of innocence

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
The right to a fair hearing is enshrined in the Victorian Charter of Human Rights and
Responsibilities. The right to a fair hearing for Cherry requires that she is able to present
her case and evidence to the Magistrates’ court under conditions that do not
disadvantage her when compared with the prosecution in this case. The attributes of a
fair hearing include equal access to, and equality before, the courts, the right to legal
advice and representation, the right to a hearing without undue delay, the right to
procedural fairness, the right to a public hearing, and the right to a competent,
independent and impartial court. For example, if Cherry does not have adequate legal
representation she will not have equal access to the Magistrates’ Court and hence will not
have a fair hearing. A hearing that is unnecessarily delayed will also be unfair to Cherry.
Marking guide:
2 marks for outlining the meaning of the right to a fair hearing

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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
The right to be tried without unreasonable delay means to not unduly delay a court trial,
that is, the charges against an accused must be heard in a timely and efficient manner.
Although the right to be tried without unreasonable delay needs to be balanced against
the rights of both parties to a criminal case to ensure they have sufficient time to prepare
their evidence and witnesses, the longer a trial takes to be heard, the less reliable the
evidence of witnesses is likely to be due to memory loss, thus limiting the possibility of
accurate testimony and hence a fair trial. In addition, an unnecessary delay would
increase the emotional stress suffered by the accused, which would also be unfair. In
other words, conducting criminal proceedings in a timely manner promotes fairness for
the accused and therefore the right to be tried without unreasonable delay helps to
achieve the principle of fairness.
Cherry’s right to have her case heard in timely manner will help to ensure that legal costs
do not increase unnecessarily, which would undermine her access to the criminal justice
system if she cannot afford ongoing legal representation. Legal representation becomes
more expensive the longer court cases are extended. In addition, an accused’s access to
the criminal justice system will be undermined if unreasonable delays make it difficult to
access evidence led against them while it still can be examined and tested. Hence, the
right to be tried without unreasonable delay also helps to achieve the principle of access.
Marking guide:
1 mark for outlining the meaning of the right to be tried without an unreasonable delay
2 marks for explaining how the right helps to achieve the principle of fairness
2 marks for explaining how the right helps to achieve the principle of access

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Teacher notes
Unit 3 in the VCE Legal Studies Study Design (2018–2022) consists of Area of Study 1 (‘The
Victorian criminal justice system’) and Area of Study 2 (‘The Victorian civil justice system’). To
successfully complete Unit 3 students must demonstrate satisfactory achievement of two
outcomes (one for each area of study) specified for the unit, each with a mark allocation of 50
marks. Teachers should use a variety of learning activities and assessment tasks that enable
students to develop the key knowledge and key skills outlined in each area of study in order to
be able to demonstrate satisfactory achievement of the set of outcomes for Unit 3.
Teachers are expected to cover all of the key knowledge and key skills related to an area of
study; however, for assessment purposes the scope of each key knowledge point and each key
skill can be restricted. This particularly applies to key knowledge points that have a stem
followed by 'including', as not all items listed after 'including' need to be assessed when
students are demonstrating an outcome.
Outcome 1 in Unit 3 is worth 50 marks of the 100 marks available for internal assessment for
Unit 3. This School-assessed Coursework task (1A) for Outcome 1 in Unit 3 covers ‘Key
concepts’ in Area of Study 1. The task is worth 20 marks and can be completed prior to the end
of Area of Study 1.
A second assessment task (1B) covering ‘Determining a criminal case’ and ‘Reforms’ in Area of
Study 1 (worth 30 marks) can also be found in this edition of Compak. The combined marks for
the two assessment tasks equal the mark allocation for Outcome 1 (50 marks).

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Disclaimer: This assessment task has been written by the author (Nick Ford) for use with students of VCE
Legal Studies. This does not imply that it has been endorsed by the Victorian Curriculum and Assessment
Authority (VCAA). The current VCE Legal Studies Study Design (2018–2022) can be accessed directly via
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responsibility for the accuracy of information or advice contained in Compak. Teachers are advised to
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