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JUSTICE &
JUSTICE & OUTCOMES

LEGAL STUDIES FOR VCE UNITS 3 & 4
OUTCOMES
LEGAL STUDIES FOR VCE
YEAR
12 UNITS 3 & 4
FARRAR
WILSON
BEAZER
FILIPPIN
14TH
EDITION
YEAR 12
LISA FILIPPIN
MARGARET BEAZER
ANNIE WILSON
PETER FARRAR
ISBN 978-0-19-031036-3
9 780190 310363
visit us at: oup.com.au or
contact customer service: cs.au@oup.com 14TH EDITION
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JUSTICE &
OUTCOMES
LEGAL STUDIES FOR VCE
UNITS 3 & 4
YEAR 12
LISA FILIPPIN
MARGARET BEAZER
ANNIE WILSON
PETER FARRAR
14TH EDITION
00_FIL_JO_SB34_14e_10363_TXT_SI.indd 1 9/10/2017 1:19 PM

1
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It furthers the University’s objective of excellence in research,
scholarship, and education by publishing worldwide. Oxford is a registered
trademark of Oxford University Press in the UK and in certain other
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Published in Australia by
Oxford University Press
253 Normanby Road, South Melbourne, Victoria 3205, Australia
© Lisa Filippin, Margaret Beazer, Annie Wilson and Peter Farrar 2018
The moral rights of the authors have been asserted
First published 1992
This edition published 2018
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National Library of Australia Cataloguing-in-Publication data
Lisa Filippin, author
Justice and Outcomes : VCE Legal Studies Units 3 & 4 / Lisa Filippin, Margaret Beazer,
Annie Wilson, Peter Farrar
9780190310363 (paperback)
For secondary school age.
Subjects: Criminal justice, Administration of –Victoria-Textbooks.
Civil procedure-Victoria-Textbooks.
Justice, Administration of-Victoria-Textbooks.
Beazer, Margaret, author.

Wilson, Annie, 1964- author.
Farrar, Peter, 1962- author.
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CONTENTS
SUMMARY OF LEGAL CASES..................................................... vi
USING JUSTICE & OUTCOMES LEGAL STUDIES
FOR VCE UNITS 3 & 4 (14TH EDITION) ....................................... x
CHAPTER 1 LEGAL TOOLKIT ..............................2

1.1 UNDERSTANDING THE VCE LEGAL STUDIES
COURSE ................................................................................. 4
1.2 SETTING YOURSELF UP FOR SUCCESS IN
VCE LEGAL STUDIES ........................................................... 8
1.3 TIPS FOR SUCCESS ON SACS AND THE
END-OF-YEAR EXAMINATION .......................................... 13
1.4 MASTERING LEGAL CITATION ......................................... 17
1.5 CAREERS IN THE LAW ...................................................... 21
UNIT 3 RIGHTS AND JUSTICE................24
CHAPTER 2 INTRODUCTION TO UNIT 3 –

RIGHTS AND JUSTICE ................................... 28
2.1 THE NATURE OF LAWS AND THEIR PURPOSES ............ 30
2.2 THE AUSTRALIAN CONSTITUTION ................................. 32
2.3 LAW–MAKERS IN AUSTRALIA .........................................34
2.4 CRIMINAL LAW AND CIVIL LAW ...................................... 36
2.5 THE MEANING OF THE RULE OF LAW ............................ 38
CHAPTER 3 INTRODUCTION TO THE

VICTORIAN CRIMINAL JUSTICE SYSTEM ..... 40
3.1 INTRODUCTION TO THE CRIMINAL
JUSTICE SYSTEM ............................................................... 42
3.2 THE PRINCIPLES OF JUSTICE .........................................46
3.3 KEY CONCEPTS IN THE VICTORIAN CRIMINAL
JUSTICE SYSTEM ............................................................... 52
3.4 THE RIGHTS OF AN ACCUSED ......................................... 57
3.5 THE RIGHTS OF VICTIMS ...................................................64
CHAPTER 3 REVIEW CHAPTER SUMMARY,
REVISION QUESTIONS AND PRACTICE
ASSESSMENT TASK .....................................................72
iii

CHAPTER 4 DETERMINING A CRIMINAL CHAPTER 7 RESOLVING A CIVIL DISPUTE .. 200
CASE .............................................................. 74 7.1 CONSUMER AFFAIRS VICTORIA ....................................202
4.1 THE ROLE OF INSTITUTIONS AVAILABLE 7.2 THE VICTORIAN CIVIL AND
TO ASSIST AN ACCUSED .................................................. 76 ADMINISTRATIVE TRIBUNAL ..........................................208
4.2 THE PURPOSES OF COMMITTAL PROCEEDINGS ..........84 7.3 AN EVALUATION OF THE VICTORIAN CIVIL AND
4.3 PLEA NEGOTIATIONS ........................................................88 ADMINISTRATIVE TRIBUNAL ......................................... 214
4.4 SENTENCE INDICATIONS ................................................. 92 7.4 THE PURPOSES OF CIVIL PRE-TRIAL

PROCEDURES .................................................................. 218
4.5 THE REASONS FOR A VICTORIAN COURT HIERARCHY . 98
7.5 THE REASONS FOR A VICTORIAN
4.6 THE RESPONSIBILITIES OF THE JUDGE AND
COURT HIERARCHY ......................................................... 224
JURY IN A CRIMINAL TRIAL............................................. 101
7.6 THE RESPONSIBILITIES OF THE JUDGE
4.7 THE RESPONSIBILITIES OF THE PARTIES
AND THE JURY IN A CIVIL TRIAL ...................................227
AND LEGAL PRACTITIONERS IN A
7.7 THE RESPONSIBILITIES OF THE PARTIES
CRIMINAL TRIAL .............................................................. 108
AND LEGAL PRACTITIONERS IN A CIVIL TRIAL ......... 231
4.8 THE PURPOSES OF SANCTIONS ................................... 114
7.8 JUDICIAL POWERS OF CASE MANAGEMENT ..............235
4.9 TYPES OF SANCTIONS – FINES .................................... 120
7.9 COURTS AS DISPUTE RESOLUTION BODIES ...............238
4.10 TYPES OF SANCTIONS – COMMUNITY
7.10 METHODS USED TO RESOLVE CIVIL DISPUTES –
CORRECTION ORDERS .................................................... 123
MEDIATION AND CONCILIATION ...................................244
4.11 TYPES OF SANCTIONS – IMPRISONMENT ................... 126
7.11 METHODS USED TO RESOLVE CIVIL DISPUTES –
4.12 SENTENCING FACTORS ................................................. 130 ARBITRATION ................................................................... 249
CHAPTER 4 REVIEW CHAPTER SUMMARY, 7.12 REMEDIES ..........................................................................254
ASSESSMENT TASK ...................................................136
ASSESSMENT TASKS ...................................................... 262
CHAPTER 5 REFORMING THE CRIMINAL
JUSTICE SYSTEM ........................................ 138 CHAPTER 8 REFORMING THE CIVIL
5.1 COSTS FACTORS .............................................................. 140
JUSTICE SYSTEM ........................................ 264
5.2 TIME FACTORS ................................................................. 148 8.1 COSTS FACTORS ............................................................... 266
5.3 CULTURAL FACTORS ...................................................... 154 8.2 TIME FACTORS .................................................................. 274
5.4 RECENT REFORMS .......................................................... 162 8.3 ACCESSIBILITY FACTORS ...............................................280
5.5 RECOMMENDED REFORMS ............................................ 166 8.4 RECENT REFORMS ..........................................................286
CHAPTER 5 REVIEW CHAPTER SUMMARY, 8.5 RECOMMENDED REFORMS ............................................290

REVISION QUESTIONS AND PRACTICE CHAPTER 8 REVIEW CHAPTER SUMMARY, REVISION
ASSESSMENT TASK ................................................... 170 QUESTIONS AND PRACTICE ASSESSMENT TASK .294
UNIT 3 ASSESSMENT TASKS .......................................... 296
VICTORIAN CIVIL JUSTICE SYSTEM ........... 172
6.1 INTRODUCTION TO THE CIVIL JUSTICE SYSTEM ........ 174 UNIT 4 THE PEOPLE AND THE LAW ...... 298
6.2 THE PRINCIPLES OF JUSTICE ....................................... 178
6.3 KEY CONCEPTS IN THE VICTORIAN CIVIL
JUSTICE SYSTEM ............................................................. 182 CHAPTER 9 INTRODUCTION TO UNIT 4 –
6.4 RELEVANT FACTORS WHEN INITIATING A CIVIL CLAIM – THE PEOPLE AND THE LAW ....................... 302
NEGOTIATION AND COSTS ............................................. 186
9.1 THE HISTORICAL DEVELOPMENT OF THE
6.5 RELEVANT FACTORS WHEN INITIATING A CIVIL CLAIM – BRITISH PARLIAMENT .....................................................304
LIMITATIONS, LIABILITY AND ENFORCEMENT ........... 191
9.2 THE FEDERATION OF AUSTRALIA .................................305
CHAPTER 6 REVIEW CHAPTER SUMMARY, 9.3 PARLIAMENTS IN AUSTRALIA .......................................306
9.4 THE MEANING OF THE RULE OF LAW ........................... 307
ASSESSMENT TASK ...................................................198
iv JUSTICE & OUTCOMES LEGAL STUDIES FOR VCE UNITS 3 & 4

CHAPTER 10 THE PEOPLE AND THE CHAPTER 13 THE COURTS ............................ 420
CONSTITUTION ............................................ 308 13.1 INTRODUCTION TO THE COURTS ................................... 422
10.1 INTRODUCTION TO THE AUSTRALIAN 13.2 THE ROLE OF COURTS IN LAW-MAKING –
CONSTITUTION ................................................................. 310 PRECEDENT ..................................................................... 424
10.2 THE ROLE OF THE PARLIAMENT IN LAW-MAKING .... 312 13.3 THE ROLE OF THE COURTS IN LAW-MAKING –
DEVELOPING AND AVOIDING PRECEDENT .................. 431
10.3 THE ROLE OF THE CROWN IN LAW-MAKING .............. 319
13.4 STATUTORY INTERPRETATION ......................................438
10.4 THE DIVISION OF CONSTITUTIONAL
13.5 THE DOCTRINE OF PRECEDENT.....................................446
LAW-MAKING POWERS .................................................. 321
13.6 JUDICIAL CONSERVATISM ..............................................450
10.5 SECTION 109 OF THE AUSTRALIAN CONSTITUTION .. 326
13.7 JUDICIAL ACTIVISM ..........................................................453
10.6 THE BICAMERAL STRUCTURE OF THE
13.8 COST AND TIME IN BRINGING A CASE TO COURT .......456
COMMONWEALTH PARLIAMENT ..................................329
13.9 THE REQUIREMENT OF STANDING ................................460
10.7 THE SEPARATION OF EXECUTIVE, LEGISLATIVE
13.10 THE RELATIONSHIP BETWEEN COURTS
AND JUDICIAL POWERS .................................................334
AND PARLIAMENT IN LAW-MAKING ............................464
10.8 THE EXPRESS PROTECTION OF RIGHTS ......................340
10.9 THE ROLE OF THE HIGH COURT IN INTERPRETING REVISION QUESTIONS AND PRACTICE
THE AUSTRALIAN CONSTITUTION ...............................348 ASSESSMENT TASK ....................................................470
10.10 THE REQUIREMENT FOR A DOUBLE
MAJORITY IN A REFERENDUM ...................................... 352 CHAPTER 14 LAW REFORM .......................... 472
CHAPTER 10 REVIEW CHAPTER SUMMARY, 14.1 REASONS FOR LAW REFORM ......................................... 474
REVISION QUESTIONS AND PRACTICE 14.2 INDIVIDUALS INFLUENCING LAW REFORM
ASSESSMENT TASK ...................................................356 THROUGH PETITIONS .....................................................482
14.3 INDIVIDUALS INFLUENCING LAW REFORM
CHAPTER 11 CHANGING AND PROTECTING THROUGH DEMONSTRATIONS ......................................486
THE CONSTITUTION .................................... 358 14.4 INDIVIDUALS INFLUENCING LAW REFORM
THROUGH THE COURTS...................................................489
11.1 HIGH COURT CASES AND SECTIONS 7 AND 24
14.5 THE ROLE OF THE MEDIA IN LAW REFORM ................. 492
OF THE CONSTITUTION ..................................................360
14.6 THE VICTORIAN LAW REFORM COMMISSION ............. 498
11.2 REFERENDUMS ...............................................................368
14.7 PARLIAMENTARY COMMITTEES ....................................506
11.3 THE HIGH COURT AND THE DIVISION OF
14.8 ROYAL COMMISSIONS ..................................................... 514
LAW-MAKING POWERS .................................................. 376
14.9 THE ABILITY OF PARLIAMENT AND THE COURTS
11.4 INTERPRETATION OF THE EXTERNAL
TO RESPOND TO THE NEED FOR LAW REFORM .......... 520
AFFAIRS POWER .............................................................. 381
ASSESSMENT TASK ....................................................528
ASSESSMENT TASK ...................................................390
UNIT 4 ASSESSMENT TASK S ..........................................530
CHAPTER 12 THE PARLIAMENT ................... 392

12.1 INTRODUCTION TO THE PARLIAMENT .......................... 394
GLOSSARY ............................................... 532
12.2 THE ROLES OF THE HOUSES OF PARLIAMENT............ 396
12.3 THE REPRESENTATIVE NATURE OF
INDEX.....................................................541
PARLIAMENT.....................................................................404
12.4 POLITICAL PRESSURES ..................................................408
MEET OUR AUTHORS ................................. 553
12.5 RESTRICTIONS ON LAW-MAKING POWERS ................ 415
ACKNOWLEDGEMENTS .............................. 554
ASSESSMENT TASK ................................................... 418
00_FIL_JO_SB34_14e_10363_TXT_SI.indd 5 16/10/2017 10:25 AM

SUMMARY OF LEGAL CASES
CHAPTER 1 LEGAL TOOLKIT (28 February 2017) ....................................................... 141

No legal cases Tomasevic v Travaglini (2007) 17 VR 100 .......................... 146
R v Kina [1993] QCA 480 (29 November 1993) ................. 155
UNIT 3 RIGHTS AND JUSTICE
VICTORIAN CIVIL JUSTICE SYSTEM
CHAPTER 2 INTRODUCTION TO Ramsay v AusNet Electricity Services Pty Ltd [2016]
UNIT 3 – RIGHTS AND JUSTICE VSC 725 (2 December 2016) ....................................... 183
Hunter v The Queen [2013] VSCA 385 Downie v Spiral Foods Pty Ltd [2015] VSC 190
(19 December 2013) ...................................................... 37 (7 May 2015) ................................................................. 184
GGG v YYY [2011] VSC 429 (1 September 2011) ............... 192
CHAPTER 3 INTRODUCTION TO Blake v J R Perry Nominees Pty Ltd [2012] VSCA 122
(14 June 2012).............................................................. 193
THE VICTORIAN CRIMINAL
Kalos v Goodyear & Dunlop Tyres (Aust) Pty Ltd
JUSTICE SYSTEM [2016] VSC 715 (29 November 2016) .......................... 195
DPP v ABD Group Pty Ltd [2016] VCC 1450
(29 September 2016) .................................................... 44 CHAPTER 7 RESOLVING A CIVIL DISPUTE
Jago v District Court of NSW (1989) 168 CLR 23 ................ 48
Hoskin v Greater Bendigo City Council [2015] VSCA 350
Dietrich v The Queen (1992) 177 CLR 292 ......................... 60 (16 December 2015) .................................................... 212
Ivanovic v Qantas Airways Limited (Civil Claims) [2016]
CHAPTER 4 DETERMINING A VCAT 2202 (23 December 2016) .................................. 215
CRIMINAL CASE Udugampala v Essential Services Commission (Human
Rights) [2016] VCAT 2130 (30 December 2016) .......... 216
Bayley v Nixon and Victoria Legal Aid [2015] VSC 744
(18 December 2015); Bayley v The Queen [2016] Banque Commerciale SA, En liquidation v Akhil
VSCA 160 (13 July 2016) ............................................... 80 Holdings Pty Ltd (1991) 69 CLR 279 ............................ 219
DPP v Bailey [2017] VSC 195 (13 April 2017)...................... 85 McConnell Dowell Constructors (Aust) Pty Ltd v Santam
Ltd (No 1) [2016] VSC 734 (2 December 2016)............. 220
R v MacKinnon [2015] VSC 619 (6 November 2015)........... 92
Crown Melbourne Limited v Cosmopolitan Hotel (Vic)
Cook v The Queen [2016] VSCA 174 (25 July 2016) .......... 102
Pty Ltd (2016) 333 ALR 384 ......................................... 226
Smith v Western Australia (2014) 250 CLR 473 ................ 106
Matthews v AusNet Electricity Services Pty Ltd & Ors
Weissensteiner v The Queen (1993) 178 CLR 217 ............ 109 [2014] VSC 663 ............................................................ 245
Gant v The Queen; Siddique v The Queen [2017] SAI Global Property Division Pty Ltd v Johnstone [2016]
VSCA 104 (8 May 2017) ................................................ 111 FCA 1333 (14 November 2016) ................................... 256
DPP v England [2016] VCC 1486 (6 October 2016) ........... 115 Medic v Kandetzi [2006] VCC 705 (13 June 2006)............. 257
R v Banek [2017] VSC 11 (1 February 2017) .................... 116 Erlich v Leifer [2015] VSC 499 (16 September 2015) ....... 257
DPP v Keefer [2016] VCC 1805 (25 November 2016) ....... 117 Bendigo Street Application (SCV, Croft J, 14 August,
DPP v Granata [2016] VSCA 190 (8 August 2016) ............ 118 unreported) ................................................................. 258
DPP v Bilic Homes Pty Ltd [2016] VCC 810 (14 June 2016).. 121 Just Group Limited v van Dyk [2016] VSC 66
DPP v Harrison [2016] VCC 1763 (17 November 2016) ... 124 (23 February 2016) ....................................................... 259
DPP v Bennison [2016] VSC 686 (29 November 2016) .... 130
DPP v Smith [2016] VCC 1419 (16 September 2016) ...... 132
CHAPTER 8 REFORMING THE CIVIL
JUSTICE SYSTEM
CHAPTER 5 REFORMING THE Loftus v Australia and New Zealand Banking Group Ltd
CRIMINAL JUSTICE SYSTEM [No 2] [2016] VSCA 308 (8 December 2016) ................ 267
Matsoukatidou v Yarra Ranges Council [2017] VSC 61
vi JUSTICE & OUTCOMES LEGAL STUDIES FOR VCE UNITS 3 & 4

UNIT 4 THE PEOPLE AND THE LAW CHAPTER 13 THE COURTS
L Shaddock & Associates Pty Ltd v Parramatta City
Council (No 1) (1981) 150 CLR 225 .............................. 425
CHAPTER 9 INTRODUCTION TO UNIT Donoghue v Stevenson [1932] All ER 1 ............................ 427
4 – THE PEOPLE AND THE LAW Grant v Australian Knitting Mills Ltd [1935] All ER 209 ... 428
No legal cases Hedley Byrne & Co v Heller and Partners Ltd [1963]
2 All ER 575 ................................................................. 429
CHAPTER 10 THE PEOPLE AND THE Davies v Waldron [1989] VR 449 ...................................... 431
CONSTITUTION R v Klamo (2008) 18 VR 644 ............................................ 432

State Government Insurance Commission v Trigwell
McBain v Victoria (2000) 99 FCR 116 ............................... 326 (1979) 142 CLR 617 ..................................................... 433
DPP (Cth) v Besim [2017] VSCA 158 (23 June 2017) Norris v Sibberas [1990] VR 161 ...................................... 434
and DPP (Cth) v M H K (a Pseudonym) [2017]
Miller v Miller (2011) 242 CLR 446 .................................. 436
VSCA 157 (23 June 2017) ............................................ 336
Grace v Fraser [1982] VR 1052 ........................................ 440
Williams v Commonwealth (2012) 248 CLR 156 .............. 341
Deing v Tarola [1993] 2 VR 163 ........................................ 441
Betfair Pty Limited v Western Australia [2008] 234
Lansell House Pty Ltd v Commissioner of Taxation
CLR 418 ....................................................................... 342
[2010] FCA 329 (9 April 2010) ..................................... 443
JT International SA v Commonwealth (2012) 250 CLR 1 . 344
Mansfield v Kelly [1972] VR 744 ....................................... 444
Brown v The Queen (1986) 160 CLR 171 ......................... 345
Rowe v Electoral Commissioner [2010] 243 CLR 1 .......... 451
Australian Capital Television Pty Ltd v Commonwealth
Plaintiff M70/2011 v Minister for Immigration and
(1992) 177 CLR 106 ...................................................... 349
Citizenship (2011) 244 CLR 144 ................................... 454
Victoria v Commonwealth (1926) 38 CLR 399................... 350
Plaintiff M68/2015 v Minister for Immigration and Border
Australian Communist Party v Commonwealth (1951) Protection (2016) 257 CLR 42 ...................................... 457
83 CLR 1 ...................................................................... 353
Commonwealth v Australian Capital Territory (2013)
250 CLR 44 ................................................................... 457
CHAPTER 11 CHANGING AND Allen v Chadwick [2015] HCA 47 (9 December 2015)....... 458
PROTECTING THE CONSTITUTION Australia Conservation Foundation Inc v Commonwealth
Lange v Australian Broadcasting Corporation (1997) (1980) 146 CLR 493 ..................................................... 460
189 CLR 520 ................................................................ 361 Kuczborski v State of Queensland (2014) 175 CLR 1 ....... 461
Wotton v Queensland (2012) 246 CLR 1 ........................... 363 Re McBain; Ex Parte Australian Catholic Bishops
Conference (2002) 209 CLR 372 .................................. 462
Monis v The Queen (2013) 249 CLR 92 ............................ 364
DPP v Closter [2014] VSC 484 (2 October 2014) ............. 466
Roach v Electoral Commissioner (2007) 233 CLR 162 ..... 365
Mabo v Queensland (No. 2) (1992) 107 ALR 1 .................. 467
Murphy v Electoral Commissioner (2016) 334 ALR 369 ... 366
R v Brislan; Ex parte Williams (1935) 54 CLR 262 ........... 376
CHAPTER 14 LAW REFORM
Ha v New South Wales (1997) 189 CLR 465 .................... 378
New South Wales v Commonwealth (2006) 229 CLR 1 .... 379 D’Arcy v Myriad Genetics Inc (2015) 325 ALR 100 ............. 479
Commonwealth v Tasmania (1983) 158 CLR 1 .................. 382 NSW Registrar of Births, Deaths and Marriages v Norrie
(2014) 250 CLR 490 ...................................................... 489
Richardson v Forestry Commission of Tasmania
(1988) 164 CLR 261 ......................................................... 384 Certain Children by their Litigation Guardian Sister
Marie Brigid Arthur v Minister for Families and
New South Wales v Commonwealth (1975)
Children (No 2) [2017] VSC 251 (11 May 2017) ............ 490
135 CLR 337 .................................................................... 385
Commonwealth v Australian Capital Territory [2013]
Polyukhovich v Commonwealth (1991) 172 CLR 502 ....... 386
HCA 55 (12 December 2013) ....................................... 525
CHAPTER 12 THE PARLIAMENT

No legal cases
vii
00_FIL_JO_SB34_14e_10363_TXT_SI.indd 7 16/10/2017 10:25 AM

USING JUSTICE & OUTCOMES
Legal Studies for VCE Units 3 & 4
Justice & Outcomes Legal Studies for VCE Units 3 & 4 (14th edition) has been fully revised and updated to
meet the requirements of the VCE Legal Studies Study Design 2018–2022. It offers complete support
for teachers and students completing Units 3 & 4 of VCE Legal Studies.
Key features of the Student book

Legal toolkit
The legal toolkit at the front of the book is a stand-alone reference section for students that includes:
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causing him a ensation. to in and illustrate
sue the resta urant for comp dures which To provid e examples in order re Use one example to expla ment and the State
decides to proce Illustrate Parlia
of two pre-trial or explain a featu onwealth retation of
on the purpose better describe powers of the Comm changed by High Court interp
Advise James been
t use in this case. of concept Parliaments have
his lawyer migh alth Cons titutio n.
) case, the Commonwe
(2013
Question 12 and one High Court Question 3 (2016
)
by the electors
of
lex feature, issue ssful referendum Court’s
To examine a comp Using one succe s and the High ) a statement, sal was voted on alia voted in
Analyse ing it down into ct of referendum n on the division To show (or prove or A referendum propo all voters in Austr
or concept by break analyse the impa alth Constitutio Justify ntion to be right six per cent of states,
showing how they the Commonwe opinion or conte or Australia. Fifty- ity of voters in all
smaller parts and interpretation of ing evide nce sal and the major in favour
to one anoth er aking powe rs. reasonable by provid favour of the propo and New South Wales, voted
relate of law-m Tasm ania your
examples except Victoria, passed? Justify
Question 5 (2009
) the resolution Was the referendum
n or reaction ned to speed up of the proposal.
dures are desig answer,
To express an opinio ‘Pre-trial proce statement. In your answer.
Comment nstrate your Comment on this
(in order to demo of civil disputes.’ Question 1 (2014
)
on of statute by
judges.
rial procedure.
Stu
on
understand ing of it)
describe one civil pre-t ary of the key of the interpretati
Outline To give a brief summ Outline one effect
Question 5 (2010
) dispute. They ) me Court
ss how concepts, ed in an ongoing features Question 5 (2014 edings in the Supre
have been involv ation as a or specifiy enced civil proce dispute at
To explain or discu Jane and David mediation or arbitr To give, supply Audrey has comm will resolve the
Compare res are similar ed to use either Provide The court
Ta
on).
definitions or featu the have been advis od. of Victoria (Trial
Divisi
cessful.
(by ident ifying ution meth ods of dispute tion was unsuc
and different dispute resol trial after media hierarchy. Refer
featu res they have in tion and arbitration as meth n for the existence of a court
qualities or ) Compare media
as those they don’t Provide one reaso er.
common as well resolution. te in your answ
and establish
Question 9 (2010
)
precedent allow
s for both consi
stency and
the doctrine degree or level
to Audrey’s dispu
Question 12 (2015
)
journal article
wrote the follow
ing
It should all
wh
To consider in detail The doctrine of two strengths of To describe the The author of a e matters of fact.
Examine impo rtant issues ally examine these To what opinio n or d not decid
he
and ent, shoul
the key facts flexibility. Critic to which a statem opinion: ‘Juries
topic or issue . extent is believed to be) judge.’ n? Justify your
related to a of precedent. contention is (or be left up to the
agree with this opinio
t do you
Question 1 (2015
) $1 million in correct or valid. To what exten
and damages of
ibe) the exact ng an injunction ction’.
Define To state (or descr
nature, features,
or meaning of a
conce pt
A plaintiff is seeki
the Supreme Court
of Victoria. Defin
e the term ‘injun answer.
sch
term, feature or Question 9a (2016
) to change. Legal Studies Exams,
2016
examples.
ed account of a n why a law may need From: ©VCAA , definitions and
To give a detail Describe one reaso on VCE Legal Studies task words
Describe or feature Source 2 Comm 15
system, process LEGAL TOOLKIT
CHAPTER 1
ICE
RIGHTS AND JUST
Study tip TIP 3 – Understand the structure of exam questions UNIT 3
1.4
14
A short video explaining
the structure of
To give yourself the best chance of doing well in VCE
Legal Studies exams, it’s important for you to become MASTERING LEGAL CITATION
familiar with types of questions that typically appear.
Legal Studies exam Like assessment tasks, exam questions assess your
questions is provided understanding of key knowledge and key skills.
The only difference is that exams are completed
on your obook assess. exam conditions. under
It gives you more tips As you work your way through the VCE Legal Studies
and examples of the Legal Studies exam questions typically contain course, you will be learning about many different
a defined set of items arranged in different orders. laws and legal cases. To be able to recognise laws
best ways to answer Once you understand what each component and legal cases, and to reference them in your
of the question is asking or telling you, answering and assessment tasks, you should master the basics notes
questions and will the
question becomes much simpler. Source 3 explains of legal citation.
help you maximise the most common items that make up exam questions
your chances of and Sources 4 provides some examples of these
What is legal citation?
in action.
performing well on
tests, assessment tasks
and exams! QUESTION COMPONENT legal citation
Legal citation is the system used to refer to
PURPOSE it might result in certain legal documents and
Question number This indicates the number of the question on sections of the existing sources such as cases and Acts of parliament in
the exam paper acts being deleted or
a consistent and
Mark allocation This indicates the total number of marks available accurate way. The most commonly cited legal documents
for the amended, or other are:
question. The total marks available gives you sections added • Acts of parliament (also known as
an idea of statutes and
how long to spend answering the question. legislation)
Act of parliament
Quote or extract Exam questions often include statements (set a law passed by • legal cases (also known as court decisions).
in quotation
marks) or extracts from key pieces of legislation. parliament, also known The following information will help you in reading
as an Act of parliament
Task word Task words are words that tell you how to demonstrate and understanding legal citations. It will also
or legislation help you
the knowledge you have learned cite legal documents correctly in your coursework
and
Quantifying words Quantifying words state the specific numbers assessment tasks.
(i.e. quantities) of
examples or definitions you should provide in
your answer. They are
bolded for clarity. Follow quantifying words carefully
exactly what is asked.
and provide Citing Acts of parliament
Study tip Content words Content words provide specific details and facts Acts of parliament (often called just ‘Acts’) are
for you to consider laws made
in your answer (i.e. the context) by the various parliaments in Australia (i.e. state
and territory
It’s important to keep
an eye on the clock Source 3 Legal studies exam questions are parliaments and the Commonwealth Parliament)
typically made up of tasks based on these items. and in other
during tests or exams countries around the world.
to make sure you have
enough time to answer Acts of parliament generally feature the following
Question 13 (10 marks) pieces of
every question. information in this order: Source 1 Legal citation is a
Discuss the ability of parliament to change the • The name of the Act or statute – This is
the title that has been system designed help people
law. In your answer,
given to the statute. It is always written in italics. cite (i.e. refer to) specific laws
provide one recent example of an individual and legal cases in a consistent
or group influencing legislative change. • The year that it was made by parliament
– This is also written and accurate way.
in italics.
Question 1 (7 marks) • The parliament that passed it – This
will be either a state or territory parliament,
Commonwealth Parliament. The name of the parliament or the
Nathan commences proceedings in the Magistrates’ is never written in full; instead, abbreviations
for each parliament are used (e.g. Vic or Cth).
Source 4 It is Court against his employer and is seeking $90000
important to keep in damages.
Example 1 – an Act made by the Victorian Parliament
an eye on the clock
during exams.
a. Describe one purpose of damages. This Act (i.e. the Crimes Act) was made in 1958 by
the Victorian Parliament.
• an overview of the
From ©VCAA Legal Studies Exam, 2016
Crimes Act 1958 (Vic)
Check your obook assess for these additional

Title Year Parliament
structure of the VCE
resources and more:
» Student book
questions XX
» Worksheet XX
[Title TBC]
» Weblink XX
[Title TBC]
» assess quiz XX
Example 2 – an Act made by the Commonwe
This Act (i.e. the Competition and Consumer Act)
alth Parliament
was made in 2010 by the Commonwealth Parliament.
Legal Studies course
[Title TBC] Test your skills with
an auto-correcting
multiple-choice quiz.
Competition and Consumer Act 2010 (Cth)
• a range of helpful
16 UNIT 3 RIGHTS AND JUSTICE
CHAPTER 1 LEGAL TOOLKIT

study tips.
17
viii JUSTICE & OUTCOMES LEGAL STUDIES FOR VCE UNITS 3 & 4

Chapter openers
Each chapter begins with a chapter opener that includes:
OUTCOME • synthesise and apply legal principles and information

to actual and/or hypothetical scenarios.
• a summary of outcomes, key
By the end of Unit 3 – Area of Study 1 (i.e. Chapters 3,
4 and 5), you should be able to explain the rights of the
accused and of victims in the criminal justice system,
discuss the means used to determine criminal cases
KEY LEGAL TERMS
committal hearing a hearing that is held as part of
knowledge and key skills dot
the committal proceeding. At the committal hearing, the
and evaluate the ability of the criminal justice system to
achieve the principles of justice.
magistrate will decide whether there is sufficient evidence to
support a conviction for the offence charged points from the VCE Legal
committal proceeding the hearings that take place in the
KEY KNOWLEDGE
In this chapter, you will learn about:
Magistrates’ Court for indictable offences (i.e. a committal
hearing) Studies Study Design
an engaging and • the role of institutions available to assist an accused, community correction order (CCO) a non-custodial sanction
CHAPTER 4 2018–2022
including Victoria Legal Aid and Victorian community that the offender serves in the community, with conditions
legal centres attached to the order
relevant image • the purposes of committal proceedings

• the purposes and appropriateness of plea
negotiations and sentence indications in determining
community legal centre (CLC) an independent organisation
that provides free legal services to people who are unable to
pay for those services. Some are generalist CLCs and some are • a list of key legal terms that
specialist CLCs
that links to
criminal cases
denunciation one purpose of a sanction; a process by which
appear in the chapter (with

• the reasons for a Victorian court hierarchy in
DETERMINING
determining criminal cases, including specialisation a court can demonstrate the community’s disapproval of the
offender’s actions
core content in
and appeals
deterrence one purpose of a sanction; a process by which
supporting defi nitions).

• the responsibilities of key personnel in a criminal
the court can discouraging the offender and others in the
trial, including the judge, jury, parties and legal
community from committing similar offences
practitioners
the chapter • the purposes of sanctions: rehabilitation,
punishment, deterrence, denunciation and protection
fine a sanction that requires the offender to pay an amount of
money to the state
imprisonment a sanction that involves the removal of the
A CRIMINAL CASE
• fines, community corrections orders and
offender from society for a stated period of time and placing
imprisonment, and their specific purposes
them in prison
• factors considered in sentencing, including
legal aid legal advice, education or information about the law
aggravating factors, mitigating factors, guilty pleas
and the provision of legal services (including legal assistance
and victim impact statements. and representation)
plea negotiations (in criminal cases) pre-trial discussions
KEY SKILLS
that take place between the prosecution and the accused,
By the end of this chapter, you should be able to: aimed at resolving the case by agreeing on an outcome to the
• define and use relevant legal terminology criminal charges laid (also known as charge negotiations)
• discuss, interpret and analyse legal principles and punishment one purpose of a sanction; a strategy designed
information to penalise (i.e. punish) the offender and show society and the
• explain the purposes of committal proceedings and victim that criminal behaviour will not be tolerated
the roles of institutions available to assist an accused sanction a penalty (e.g. a fine or prison sentence) imposed by
• explain the reasons for the Victorian court hierarchy a court on a person found guilty of a criminal offence
in determining criminal cases Victoria Legal Aid (VLA) a government agency that provides
free legal advice to the community and low-cost or no-cost
• discuss and justify the appropriateness of the means
legal representation to people who can’t afford a lawyer
used to determine a criminal case
• discuss the responsibilities of key personnel in a
KEY LEGAL CASES
criminal trial
A list of key legal cases covered in this chapter is
• discuss the ability of sanctions to achieve their
provided on pages vi – viii
purposes
Source 1 Criminal law is an area of law that defines a range of behaviours and conduct that are prohibited
• evaluate the ability of the criminal justice system to
and outlines sanctions for people who commit them. Geelong woman, Alicia Schiller, was arrested by police
in 2012 in relation to an armed robbery. In 2016, Schiller was tried and found guilty of the stabbing murder of achieve the principles of justice
Tyrelle Evertsen-Mostert. In this chapter, you will explore the means used to determine a criminal case and
their purpose in a criminal case.
04_FIL_JO_SB34_14e_10363_TXT_3pp.indd 2-3 25/09/2017 3:27 pm
Clear topic-based approach

Content is sequenced in structured topics that are aligned to the Study Design. Each topic
contains the following elements:
Extract
Study tip
Extracts from relevant legislation,
Targeted study tips are provided in the margin acts, reports, speeches and websites
where relevant. These are designed to explicitly support learning
help students to achieve better results on
school-based and external assessment tasks.
4.9 TYPES OF SANCTIONS – FINES
EXTRACT Study tip
The sanctions available to courts are set out in the Sentencing Crimes Act 1958 (Vic) The VCE Legal Studies
Act. The Act provides a hierarchy of Study Design lists
sanctions. The most severe sanction, (and the sanction of
last resort), is imprisonment. 317A Bomb hoaxes fines, community
(1) A person must not — correction orders
SANCTION (a) place an article or substance in any place; or
and imprisonment as
DESCRIPTION
Australia’s first successful class action occurred in 1995 when a firm of solicitors, Slater & Gordon, sanctions. You must
Study tip Imprisonment
discovered that Recordiodine.
the product contained excessive A significant number of people (b) send an article or substance by any means of transportation learn these three
MOST SEVERE
represented more than 1 000 people who had suffered salmonella poisoning as a result of eating a conviction and order that the offender serve serve time in a prison – A person must not with the
with and (jail).consuming the soy milk. A class action was
conviction sanctions and their
developed thyroid other health problems after intention of inducing in another person a false belief
that the article or substance is likely to
In this chapter the contaminated peanut butter (a type of product liability class action). Other well-known representative explode or ignite or discharge a dangerous or deleterious
purposes, as well as
term ‘class actions’ issued in the CourtSupreme Court
secure of Victoria. matter.
proceedings include business owners suing Esso as a result of the Esso Longford gas explosion in 1998; treatment Record a conviction and order that the offender be detained the ability of these
is generally used to the class action was approved by the Court. The settlement
order withofconviction
In 2015, settlement amount and treated in a Penalty: Level 6 imprisonment (5 years maximum) or
a level 6 fine (600 penalty units sanctions to achieve
describe representative claims in relation to the bushfires that occurred in Victoria in 2009; and a series of bank fee class actions health facility (such as a hospital) maximum) or both. their purposes. It is
proceedings, but to be paid was $25 000 000. possible that you will be
for repayment of fees charged by banks to their customers. Drug treatment order Record a conviction and order that the offender undertake
you must be familiar a judicially asked to demonstrate
with both terms. with conviction supervised drug or alcohol treatment program. Only your understanding of
‘Representative
proceedings’ may be
Benefits of representative proceedings Court in the Magistrates’ Court if a person pleads guilty
available from the Drug
and the Drug Court is
The Sentencing Act expresses fines in levels (1–12). Level 2
is the highest level, and level 12 is the lowest these sanctions in your
assessment tasks.
satisfied that the offender is dependent on drugs or alcohol. level. Each level refers to a number of penalty units. Level
There has been a significant increase in the number of representative proceedings in recent years in 2 attracts a fine of 3 000 penalty units, whereas
6.3 CHECK YOUR LEARNING
specifically referred
level 12 attracts a fine of 1 penalty unit. The court cannot
to in your assessment
Victoria and in Australia. Class actions (representative proceedings) are seen to have a number of benefits: Youth justice centre order In the case of an offender aged 15 or older, record a conviction order a fine at level 1 (very serious offences
tasks.
with conviction and order that such as murder).
• the group members can share the cost the young offender be detained in a youth justice centre.
The use of ‘penalty units’ instead of fixed monetary fines
• it is a more efficient way of the court dealing with a number of claims, saving court time and the time Define and Youth explain residential centre a The names of the lead plaintiff and defendants. allows the government to increase all fines
In the case of an offender aged under 15 years, record by increasing the value of a penalty unit each year without
order b The nature of the claim. a conviction and order changing all statutes. Using the example for a
of court personnel 1 Explain w when thewith conviction
plaintiff will have the burden that proof
of the young offender be detained in a youth residential centre. bomb hoax offence, setting the fine to a maximum of 600
penalty units will mean that the maximum fine Did you know?
• people can pursue civil actions that they might not be able to afford in an individual case, and this gives in a civil dispute,
Community and when the defendant may have the c The remedy sought.
correction order With or without recording a conviction, that can be imposed will increase annually, because the value
them access to the courts to resolve their disputes burden ofwith proof. or without conviction d Whether there is anymake a community
information about a correction
litigation order of penalty units will increase. A fine is not paid to
in respect of the offender. The order will be made with Under the Sentencing Act, when fixing a fine a court must
2 What is the difference between beyond reasonable funder or third-party funder in this case. certain conditions consider the financial circumstances of the the victim of a crime.
litigation funder • in certain circumstances, a litigation funder (a third party that agrees to pay the legal costs associated attached to it. offender and the nature of the burden that payment will impose. Instead, it is paid to
a third party who
with the action) may be prepared to fund the class action on behalf of the people who have suffered doubt, and on the balance of probabilities? e The current status of the class action. The court may also consider any loss or the state of Victoria.
Fine with or without destruction of, or damage to, property suffered by a person
pays for some or
loss. They do this in return for a percentage of any settlement or damages awarded, thus increasing the 3 Describe what w a class action is, and give twoWith otheror without8 recording a conviction,
Read the legal case Downieorder the offender
v Spiral Foods (thetoBonsoy
pay a fine, which as a result of the offence and the value of any However, a court can
all of the costs and conviction is a sum of money payable benefit to the offender as a result of the offence. make a restitution order
names for a class action. class to the court.
action).
expenses associated ability of the group members to pursue a claim even when they don’t have the funds themselves. or compensation order
with initiating a claim Adjournment
it mean to say the lead plaintiff has to a conviction If a fine is not paid, the offender can be imprisoned or ordered
A recent example of a Victorian class action was in relation to Bonsoy soy milk (see below).
4 What does Record a and type the
Whatorder release of theproceeding
of representative was this?
offender with conditions
to undertake community work. which may involve a
in return for a share
‘describewith or without
the group’? conviction
Provide an example. attached; or without b Whatrecording
was thea conviction, case?the release of the
issue in thisorder
The case below is an example of the court imposing a fine
as a general deterrence against employers
payment to the victim.
of the proceeds. However, there has been recent pressure for the class action regime to be reformed, as they are seen offender failing to address safety risks.
Litigation funders 5 Explain the difference between a lead plaintiff on and
the aadjournmentc of Didthe
thishearing,
matter gowith conditions
to trial? Justifyattached.
your answer.
to be a risk for businesses, and the costs involved in a class action can be significant. At times, a significant
LEAST SEVERE
are often involved group member in a representative proceeding.

Discharge Record a conviction go to the group
in representative percentage of any damages awarded or settlement amount will be paid out in legal fees and expenses d and all of the
Willorder discharge amount
the settlement of the offender.
with conviction
Company found guilty and fined
proceedings members? You might need to do some additional
before the group members receive any funds. Synthesise and apply
Dismissal
LEGAL
Another example of a Victorian class action is Downie V Spiral Foods Pty Ltd [2015] USC 190. Without research to find out.
6 Read thewithoutcase study ‘Fire at recycling plant results in recording a conviction, order the dismissal of the charge for the
conviction offence. e What role did Erin Downie play in this case? DPP v Bilic Homes Pty Ltd [2016] VCC 810 (14 June 2016)
class action’.
In March 2014, Bilic Homes, a registered company, was
Fire at recycling plant results in class action
Source
a What 1 The
typehierarchy of sanctions
of class action is this?set out in the Sentencing Act.
Analyse and evaluate Brighton East. Construction began in early May 2014.
engaged to build two units on a site in
CASE
CASE On 13 July 2017, a fire broke out at Coolaroo Recycling Plant in Melbourne’s north. The fire
b Who will be the group of people that make up the
9 Do you think that the standard of proof in a civil On 23 June 2014, a freestanding brick wall collapsed
burned for several days, resulting in toxic smoke and ash over the city. A number of nearby
conviction
Fines
class, and who is the defendant? dispute should be beyond reasonable doubt? Give
at
the building site, fatally injuring Michael Klanja, a carpenter
STUDY
a court finding that the
c What type of claim is this? reasons for your answer. who was contracted to work on-site. Bilic Homes
accused has committed
residents had to seek medical treatment and sleep elsewhere. A fine is a sanction thatWhat
some more research on this case. can be
is imposed by the court. Itproceedings
is an amount entered
and offence,
Conductregardless 10 ‘Representative areofnot
money for our civil
good ordered to be paid by the an early plea of guilty.
Following the fire, it was reported that over 70 residents and business owners had joined a of whether or not that
the current
offender the state of Victoria. A fine can be imposed
status of the classtoaction? as the
doonly
justice system. All they sanction,
is clog up the courts,
or it canandbecost
imposed with The Court accepted that general deterrence was
class action, alleging that the operators of the recycling plant had acted negligently. conviction is recorded any other sanction.
7 Conduct some research and find a class action that has money for businesses’. Do you agree with this statement? an
important sentencing consideration. In sentencing,
fine
been commenced in the Supreme The amountCourtofof the fine will
Victoria in often depend on theyour
In justifying providethat
answer,penalty
maximum advantages
two may and two the
a sanction that requires be imposed for a certain judge referred to a previous judgment which noted
offence, which isshowing:
normally prescribed indisadvantages that
thethe past two
offender to pay an Prepare a summary
years. of representative
the statute setting proceedings.
out that offence. An example is provided in the sentences in such cases draw attention to the importance
of
Bonsoy class action
amount of money to extract that follows for offences relating to bomb hoaxes.
There is similar federal legislation which also
LEGAL the state workplace safety, and there was a need to send a message
makes bomb hoaxes illegal.
settles Check your obook assess for these additional resources and more:
to employers that failure to address safety risks will
significant punishment. The company was convicted
attract
and Source 2 In 2014, a brick wall collapsed during strong
CASE Downie v Spiral Foods Pty Ltd » 6.4 Student book » Weblink » Weblink fined $300 000. winds, killing Michael Klanja.
[2015] VSC 190 (7 May 2015) questions Supreme Court of Class actions in the
A class action was commenced in the Check your learning Victoria – class actions Federal Court
Supreme Court of Victoria against the 120 UNIT 3 RIGHTS AND JUSTICE
Victorian-based distributor of Bonsoy, Spiral CHAPTER 4 DETERMINING A CRIMINAL CASE
121
Legal case
Foods Pty Ltd and two other defendants.
A recall of the Bonsoy soy milk occurred Source 3 Erin Downie, the lead plaintiff in the
before Christmas in 2009 after it was class action related to soy milk.
04_FIL_JO_SB34_14e_10363_TXT_3pp.indd 120-121

CHAPTER 6 INTRODUCTION TO THE VICTORIAN CIVIL JUSTICE SYSTEM 185 Relevant legal cases with 25/09/2017 3:28 pm
accompanying legal citation provide

Case study
25/09/2017 3:33 pm
06_FIL_JO_SB34_14e_10363_TXT_3pp_CC15.indd 184-185
real-world examples of the law in

Recent examples and scenarios action.
show how key legal concepts are
applied in real life situations.
USING JUSTICE & OUTCOMES ix

Key terms
Key legal terms are clearly Going further
identified in text the first time
4.1 THE ROLE OF INSTITUTIONS AVAILABLE An accused may be provided with one or more of these forms
Additional background information
they appear in each chapter.
of legal aid through VLA. That is, ‘legal
TO ASSIST AN ACCUSED
legal aid
aid’ means more than just representation in court, and legal advice, education
a person may be given legal aid without being
formally represented by VLA. or information about the
and opportunities for extension are

law and the provision of
As well as providing legal aid, VLA’s other roles are to: legal services (including
criminal justice system The criminal justice system can be difficult to understand
without legal assistance. Often an accused • control and administer the Legal Aid Fund (which contains legal assistance and
Defi nitions are provided in

a set of processes the money available to VLA)
and institutions used hasn’t had experience with the criminal justice system, doesn’t representation)
know their rights, and doesn’t understand • in cooperation with government bodies and departments,
to investigate and key concepts such as the burden of proof. meet the needs of the community for
clearly identified in text and support

determine criminal legal aid
cases The High Court has ruled that if a person is charged with a serious • make recommendations about law reform
indictable offence and, through no fault
of their own, is unrepresented, they should be given the opportunity
the margin to support student

accused law reform
to seek legal representation. This is based • design and implement educational programs to promote
a person charged with a on the principle that every accused person has the right to understanding by the public of their rights, the process of
criminal offence receive a fair trial, and that legal representation is powers, privileges and duties under laws constantly updating and
necessary for a fair trial of a serious criminal offence. A court
students who want to gain a richer

can adjourn a trial if the accused doesn’t have changing the law so it
burden of proof • research legal aid issues.
the obligation (i.e. legal representation, can’t afford a lawyer and won’t get a fair remains relevant and
trial if they aren’t represented. effective
responsibility) of a If an accused can’t afford legal representation, government- VLA funding is criticised for not being enough to meet the
demands for legal services. Because of a
understanding. All key terms also

party to prove a case. funded institutions such as Victoria Legal lack of funding, a large part of the community is ineligible laws
The burden of proof Aid (VLA) and Victorian community legal centres (CLCs) for legal aid and people are forced to defend legal rules made by
may be able to help them. themselves in criminal cases.
usually rests with the a legal authority that
party who initiates the
action (i.e. the plaintiff Victoria Legal Aid understanding of the subject matter.
are enforceable by
the police and other
appear in the glossary at the end

in a civil dispute and agencies
the prosecution in a
criminal case)
VLA is a government agency that provides free
legal advice to the community, and low-cost or
→ GOING FURTHER
Did you know?
Victoria Legal
Aid (VLA)
no-cost legal representation for people who can’t Legal Aid Fund
afford to pay for a lawyer. VLA helps people with Prior to 1928, legal aid
of the book.
a government agency
VLA has two main sources of funding: in Victoria was only
that provides free legal legal problems, and focuses on people who need
advice to the community • the Victorian and Commonwealth Governments. available to prisoners
it the most and can’t get legal assistance any In the 2015–16 financial year, VLA received or the very poor (those
and low-cost or no-cost
$140.7 million in government funding: $91.3 million
legal representation to other way. from the Victorian Government, and who owned property
people who can’t afford $49.4 million from the Commonwealth Government worth less than 50
a lawyer
VLA’s vision is a fair and just society where pounds). More than 50
• the Public Purpose Fund (PPF), a Victorian fund
rights and responsibilities are upheld. Its to meet the costs of regulating the legal per cent of people were
In the news
community legal
profession in Victoria and fund the VLA. The funds come turned away because
centre (CLC) purpose is to make a difference by resolving and from lawyers and legal practices. In they were ineligible for
an independent Source 1 The high cost of the justice system and the 2015–16 financial year, VLA received $28.3 million
preventing legal problems, and encouraging a fair in income from the PPF. legal aid.
organisation that the need for legal aid has been an issue in Victoria
provides free legal and transparent justice system.
for more than 100 years.
services to people who
are unable to pay for
Role of VLA Victoria Legal Aid calls for $72 million funding boost
Did you know? Relevant and recent
those services. Some
are generalist CLCs
and some are specialist
The objectives of VLA are to:
Tom Minear, Herald Sun, 11 April 2016
IN
CLCs • provide legal aid in the most effective, economic and
efficient
manner FAMILY violence victims are among tens of thousands
of Victorians who are forced to defend
THE
• manage its resources to make legal aid available at a
NEWS
media articles are
reasonable cost to the community and on an themselves in court after being denied legal help.
equitable basis throughout Victoria
Interesting, quirky or
Victoria Legal Aid says it needs an extra $72 million
• provide the community with improved access to justice every year to relieve the ‘crushing
Did you know? and legal remedies pressure’ on community lawyers to properly help victims
of crime and disadvantaged people.
• pursue innovative means to provide legal aid to minimise
Free legal aid has the need for individual legal services in the The funding demand underpins VLA’s submission to
the State Government’s Access to
provided to show real-

community.
existed in Victoria for Justice review, which has revealed gaping holes in the
state’s legal system.
fun facts about the law

more than 100 years. The most critical role VLA plays is to provide legal aid to
In 1978, the Legal Aid accused people. In the 2015–16 financial The Federation of Community Legal Centres said its
year, VLA helped 86 847 different clients. Of these, 48 511 lawyers were forced to turn away
Commission of Victoria clients were assisted in criminal cases (being 32,495 people last year.
was set up as an those clients who accessed one or more legal services).
independent statutory CLCs experienced a 329 per cent increase in their family
violence workload over the last
world applications of
body (after the Victorian
‘Legal aid’ includes legal education and information, legal decade but the sector is facing a 30 per cent federal
advice and legal representation. Legal funding cut from July next year.
are provided to engage

Parliament passed the advice is normally limited to advice and information about
the law and how it applies to a particular VLA is calling for an extra $42 million from the Andrews
Legal Aid Act 1978 [Vic]).
case. It doesn’t necessarily mean the lawyer giving that Government and $30 million from Source 2 Bevan
In 1995, it changed advice formally represents the accused. Legal the Turnbull Government. Warner, Managing
its name to Victoria representation means that VLA will ‘represent’ the accused
in the case (that is, VLA will be on record as ‘Not providing legal aid simply costs taxpayers more in Director, Victoria
concepts being studied.

Legal Aid. the accused’s lawyer). the long run,’ VLA Managing Director
Bevan Warner said. Legal Aid
students and bring 76 UNIT 3 RIGHTS AND JUSTICE

CHAPTER 4 DETERMINING A CRIMINAL CASE
content to life.
77
04_FIL_JO_SB34_14e_10363_TXT_FL.indd 76-77
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NING
assistance they can 4.1 CHECK YOUR LEAR has been
, and for how much us Australian and
Check your learning

assisting an accused a Kirra is an Indigeno
eligibility criteria for y offence.
Each CLC has its own the following factors: charged with a summar
generally consider Define and explain include legal and wants some free
legal
provide. CLCs will
Example
needs help with aid’. Does it always b John lives in Werribee
matter the person 1 Define the term ‘legal
• the type of legal advice. some help
e is available (e.g. through VLA) representation? Explain. legal advice and Gladstone Park and wants
• if other assistanc tions that provide c Yola lives near
Structured questions and tasks

a good chance of
success 2 Identify two organisa
• if the person has to draft a letter.
the case without help assistance to people. Aid (VLA). disability and has
been charged
is able to manage of Victoria Legal d Greta has a hearing
• if the accused Explain the role
Hypothetical situations to assist. only provided if 3

e between generalis
t community
with an indictable
offence.
• if the CLC is available assistance, it is normally Explain the differenc and Victoria Legal
Aid.
representation and to the means test 4
and specialist CLCs. case Bayley v Nixon
who require legal (i.e. they will be subject 9 Read the legal
appear at the end of every topic.

For accused persons of legal assistance legal centres (CLCs) es between application for legal
aid
criteria for grant
a es and two differenc a Was Adrian Bayley’s
they meet VLA’s eligibility and the Mental 5 Provide two similariti
he succeed in his appeal? Explain.
, St Kilda Legal Service granted? Did
VLA and CLCs.
that raise legal points

and other criteria). matters. For example on to VLA
with minor criminal Bayley’s first applicati
CLCs only help indictab le offence . b Why was Adrian
Many charged with an
can’t assist an accused Synthesise and apply
These provide opportunities

refused? on was
Health Legal Centre calls for $72 million do after his first applicati
indictable offence ‘Victoria Legal Aid c What did Bayley
6 Read the article
Funding of CLCs
a serious offence and
local governments
for discussion are

generally heard before Commonwealth and funding boost’. refused?
in of sources: state, year, VLA that VLA is facing. lawyer?
a judge and a jury funding from a range 2015–16 financial a Describe the problem d What is a pro bono
the County Court
or CLCs receive their from VLA. In the of funding cuts on
VLA? the decision of the
Supreme
its funding comes
for students to consolidate and

Supreme Court of A large portion of b What is the impact e Do you agree with
private donations. assistance. does an accused have
if VLA case? Why?
Victoria to CLCs. demand for legal c What other options Court in the 2015 , and
provided $28.4 million because of the significant assistance? do following that decision
provided to stimulate
is an issue in Australia g to the campaign: and CLCs can’t provide and CLCs for f What did Bayley
Funding to CLCs was launched. Accordin of funding to VLA outcome?
Justice campaign d Research the status summar y. what was the final the Court of
In 2016, a Fund Equal help to over 216 000
people a year year. Prepare a short hs extracted from
extend their understanding.

s the current financial g Read the paragrap
provide free legal a lack of resource s, describe the types you agree or
• CLCs in Australia year, largely due to in 2016. Decide if
160 000 people every would be cut by 7 For each of the
following scenario Appeal’s decision Court. As a class:
to turn away over ent funding to CLCs could provide to the
accused. t of the
• CLCs are forced disagree with the statemen
discussion and illustrate

nwealth Governm of legal aid that VLA agree with
that in 2017, Commo summar y groups: those who
• it was proposed charged with three • separate into two
from the Commonwealth a Anna has been know
wealthy, but doesn’t who don’t
They are levelled under the

30 per cent.
funding cuts and an injection of funds 2017, the offences. She is quite the Court, and those
a reversal of In April to the
The campaign sought disadvantaged people. where to start to defend
the charges. hs. Make reference
legal assistance to cent cut and would y offence is in • debate the paragrap
it could provide proposed 30 per hearing for a summar in your debate.
Government so that
how laws work in

would reverse the Government in their
May b Homer’s court He wants to principles of justice
ent announced it Magistrates’ Court.
Commonwealth Governm years. The Victorian nt gap three weeks in the
CLCs over three remains a significa card.
al $39 million for the day. He has a pension
following headings to allow for

provide an addition for VLA and CLCs. There still, however, be represented on Analyse and evaluat
e
$29.5 million to meet that demand
.
welfare benefits. He
has been to everyone?
2017 budget also pledged funding that is provided c Samandar is on afford a 10 Why is legal aid
from VLA not available
for legal aid, and the e offence. He can’t reasons for your answer.
different contexts.
between the demand charged with an indictabl good chance Should it be? Give
told that he has a and CLCs impact
lawyer, but has been ent funding to VLA
to defend the charge. 11 How does governm justice system to achieve
the
EXAMPLE Frank and Youthlaw

a house party one
night with his friends.
The host was a girl
at the front of the
from his school.
house, calling out
At
drunkenly
of success. He wants
d Mary can’t speak,
facing a summar y
read or write English
offence in the Magistra
well, and is
has a significant income.

tes’ Court
the ability of the criminal
principles of justice?
12 Evaluate the ability
Give reasons for your
of VLA and CLCs
to
system for accused
answer.
enable access
people.
differentiation:
Frank, 17, was at d boys turned up boys refused. in three weeks. She to the criminal justice
a group of uninvite they leave, but the
Centres
around 11.30 pm, and insisted that n of Community Legal
• Define and explain

The girl went outside the uninvited 8 Go to the Federatio your obook
and hanging around. broke out between link is provided on
outside to help the host. A scuffle the boys who were Victoria website. A the following people?
went of for
Frank and his friends to pull apart some assess. Is there a CLC
available
involved by trying and many of the
friends. Frank got Frank, his friends,
boys and Frank's showed up and arrested es and more:
that time, the police additional resourc
fighting. At about
• Synthesise and apply

charged with assault. the documents assess for these » Weblink
Frank has now been They are unsure about Check your obook » Worksheet
uninvited guests. to pay for a lawyer. Victoria Legal Aid
have little money e tells Frank about » Video tutorial What assistance am
I
Frank and his family to court. Someon » Student book
Frank needs to go
4
, and when Legal Centres Victoria Introduction to Chapter
, the charges of Community questions eligible for?
they have received s the Federation free and
centres. He accesse states that it provides 4.1 Check your learning
• Analyse and evaluate.

community legal 'Youthlaw'. Its website and runs a free drop-
s a legal centre called up to the age of 25,
website and identifie for young people
information and advice 83
Links to supporting digital resources on obook assess

confidential legal CRIMINAL CASE
CHAPTER 4 DETERMINING A
in legal clinic.
Links to a range of supporting digital resources appear UNIT 3 RIGHTS AND JUSTICE 3/10/2017 2:27
pm
82
at the end of every topic. These include links to videos,

04_FIL_JO_SB34_14e_1
0363_TXT_FL.indd
82-83
worksheets, interactive quizzes, revision notes and weblinks.
Chapter and unit reviews

Each chapter and unit wraps up with opportunities for review and revisions.
Chapter review
A chapter review appears at the
CHAPTER 4
CHAPTER SUMMARY
PRACTICE ASSESSMENT TASK
REVIEW > Institutions available to assist an accused
• Appeals
• Victoria Legal Aid (VLA) Students should read the information at the beginning
of the chapter relating to the learning outcome, key
end of every chapter and includes a

> Responsibilities of key personnel knowledge and key skills before attempting this assessment
• Community legal centres (CLCs) task.
• Judge
> The purposes of committal proceedings
• Jury
• To determine whether a charge is Call for lone L-plater who ‘got into strife’
• Parties But defence counsel Gideon Boas told the court
chapter summary, revision questions

appropriate to be heard and determined
• Legal practitioners and killed driver to be spared jail his client should not be jailed and instead serve a
summarily
> Purposes of sanctions community corrections order, as his moral culpability
• To determine whether there is evidence Adam Cooper, The Age, 21 November 2016
• Punishment was ‘quite low’, as he made a ‘grave error’ in overtaking,
of a sufficient weight to support a
was remorseful and took responsibility for his actions.
• Deterrence
and a practice assessment task.

conviction for the offence An L-plate driver who killed another motorist when he
Singh pleaded guilty to dangerous driving causing
• To determine how the accused proposes • Rehabilitation crossed a double white line to overtake and caused a
death and was last week found not guilty by a jury
to plead • Denunciation head-on crash should be spared jail, a court has heard,
because his moral culpability was low. of the more serious charge of culpable driving
• To ensure a fair trial
Unit review
• Protection
TASK
causing death...
> Plea negotiations PRACTICE ASSESSMENT
PRACTICE ASSESSMENT TASK
Sukhuinder Singh, 23, was illegally alone in his Holden
UNIT 3 > Types of sanctions Prosecutor Andrew Grant said the court had to ‘send
• Without prejudice Commodore when he overtook two cars in Bridge Inn
discussions
For Unit 3 – Area of Study 2
between • Fines a message’ that dangerous driving by young motorists
For Unit 3 – Area of Study 1 the prosecutor and the accused about the Road in Wollert on July 31 last year, and ploughed into
ASSESSMENT charges against the accused which may
• CCOs the car driven by John Voss at more than 110km/h. would not be condoned, and called for Singh to be jailed
Unit assessment tasks appear

• Imprisonment
result in an agreement being reached civil justice system given his actions put many drivers at risk...
Report on the Mr Voss, 30, was remembered in the County Court on
TASK Ronald Rump and his criminal history > sentence indications > Sentencing factors Monday as a caring, loving and responsible son, brother Singh’s case was a serious example of the offence,
Legal Studies teacher informs• Aggravating that
your class factors including the counsellor and two of her teachers. The the prosecutor said, and not an example of low-level
• Suggestion given byYour a court as to the and friend.
Ronald Rump, 45, had a difficult childhood, resulted in her getting fired, and is out late school is being sued by a• former student. The total damages the student is claiming is $1.5During million. culpability. Judge Wilmoth extended Singh’s bail and
your
sanction that is likely to be imposed on Mitigating factors victim impact statements read to the court, Mr
at the end of Unit 3 and Unit 4.

having suffered from bullying as a child and at night. Ronald has had good support from former student believes the school was negligent in Your Legal Studies teacher thinks this isVoss’a good will sentence him later this week.
the accused at that time • Guilty pleas girlfriend and one of his friends called on Singh to
post-traumatic stress disorder after he lost his family throughout his life. to ensure that she got good grades. She has opportunity for each of the class membersface to
> Reasons for a Victorian failing
court hierarchy • Victim impact statements the consequences of his actions.
the love of his life in a car accident at the One day Ronald got home from work early sent several letters of demand, arguing that the school demonstrate his or her knowledge about the civil
• Specialisation
age of 16. He turned to drugs and alcohol to and saw Belinda doing drugs. Ronald was knew she had certain needs, but failed to address justice system. She tells each of you to imagine that
These cover the key knowledge REVISION QUESTIONS Practice assessment task questions
cope with his difficulties and was regularly outraged, particularly given his attempts those needs. As a result, the student claims she failed you have to write a paper to the principal, who has no
caught for drink driving, petty theft and to recover from his past addictions. He and to get into her choice of university and choice of understanding of the civil justice system, so that the
1 Referring to this case, explain one reason for a court
property damage. He has served five stints Belinda got into a fight. Ronald became that may be
principal can understand the basic issueshierarchy. 6 Explain one responsibility of the jury and the
1 Describe one reason why degree,
a court and has suffered loss and damage as a result,
hierarchy 6 For each of the following scenarios, identify
in prison over his lifetime, the last of which violent towards Belinda, resulting in involved in the dispute. She says the paper needs to prosecution at trial. Refer to Singh’s case in your
is needed for criminal cases.
including anxiety, depression, and the cost of having
one factor that may be considered in (3 marks) answer.
dot points for the whole Area

was four years in Barwon Prison for robbery. Check your
her being hospitalised. Ronald has since different degree to eventually transfer be prepared in plain English and be easily understood
to undertake (2 amarks) sentencing, and one sanction that is unlikely 2 Would a committal proceeding have been required
During his last stint in prison, Ronald actively been charged with various obook assess for
indictable also understanding of legal in
to her degree of choice. Thetoformer
2 Distinguish between denunciation student is
be appropriate. Justify yourby somebody who has little (6 marks)
theseserious
additional and answer. this case? Give reasons.
participated in a drug and alcohol program offences, including causing injury
punishment as purposes of threatening to sue some of the school’s employees, concepts. 7 Describe two purposes of sanctions that may be
resources and criminal sanctions. (6 marks)
which saw him recover from his addiction. intentionally. Ronald has been refused bail, (3 marks) relevant in this case, and discuss the extent to which
more: (3 marks) a Denis was charged with the murder of 3 If Mr Singh was not legally represented, but did
of Study and are structured in

Since then, Ronald has been living with and has pleaded not guilty. He wants to one sanction may be able to achieve those purposes.
3 Explain one responsibility of the judge in a his brother in a reserve in Ivanhoe. He not
Student book the satisfy Victoria Legal Aid’s (VLA) income test,
drop
questions
» to
Practice assessment task
his partner, Belinda. However, recently negotiate with the prosecutor (7 marks)
criminal trial. pleaded guilty upon arrest at the reserve describe two types of assistance that he may have
Belinda has been acting erratically. She has charges and for him to bequestions
found notChguilty.
4
and told the 8 How has each of the principles of justice sought to
Review Your teacher has said that the format
(3 marks) is upthe
to police
you, but 7 willing
that he is been ifprovided by VLA.
Three of the responsibilities on the school be
missed a number of days at work which has Belinda doesn’t like the idea of negotiations. achieved in this case? Give reasons for your answer.
» Revision notes 4 Identify and explain two that your paper needs to addresstothe dofollowing:
some community work. He has does issue the claim, including responsibilities
plaintiff
line with a range of suggested

ways in which the significant mental health issues (4 marks)
Ch 4 criminal justice system case. after to documents and evidence.
in relation (8 marks)
1 seeks
Who the likely parties
to uphold the are in the
having suffered abuse as a minor. 4 Describe two factors likely to have been considered
» assess quiz (6 marks) 9 This case shows that justice is for the accused and
principle of fairness.
Practice assessment task questions Ch 4
(2 marks)
b Carrie pleaded not guilty to drug 8 The possible costs that may be
in sentencing Singh.
incurred by the school. not for the victim or the victim’s family. There should
2 Who has to (4 prove
marks) the facts, and why. after
1 Identify who has the burden of proof in to achieve fairness in Test your
this case, and how
skills trafficking being found with 10 kg of (4 marks) (4 marks) be no right for an accused to negotiate charges
5 Justify how sentence indications and plea
assessment tasks covered in the in her basement. A jurythe matter is likely to 5go to
able to overcome that with an auto-
factor. methamphetamine (2 marks) Was either a plea negotiation or a sentence or for any mitigating factors to be considered in
this case, and the extent to which the negotiations enable greater access to the 9 Whether trial and, if not,
correcting
(6 marks) 3 Whether a jury will be involved, found
andher
your reason
guilty afterfor
the prosecution led indication used to determine the charges? Justify sentencing’. Do you agree? Give reasons for your
case needs to be proven. criminal justice system for an accused. what may avoid the need for trial. your answer.
multiple- evidence that she had made the drug in answer, referring to Singh’s case.
(2 marks) 7 Describe one sanction that may be your answer.
choice quiz (4 marks) (5 marks
front of her two (3 young
marks)
children. (5 marks)
2 Belinda is a witness for the prosecution in imposed on Ronald, and one of its (10 marks)
10 Whether there are any recent improvements to
VCE Legal Studies Study Design. this case. Describe one way in which Belinda
may be able to give evidence in this case.
purposes in this case.
136
(3 marks) 8 Provide four factors that may be
(6 marks)
UNIT 3 RIGHTS AND JUSTICE
4 Two factors that may be relevant as to whether the
plaintiff does initiate a claim, and why.
(5 marks)
the civil justice system that the school needs to be
aware of that can help it in the claim.
(6 marks)
Total: 50 marks
3 Discuss two responsibilities Ronald will considered in sentencing Ronald, and 5 What options, if any, are available to the school now CHAPTER 4
11 How the school should measure whether justice DETERMINING A CRIMINAL CASE
137
have representing himself at trial. comment on how they may impact on the to prevent the plaintiff from issuing a claim, and your
has been achieved in this particular case,
(5 marks) sentence imposed if Ronald is found guilty. reasons.
addressing each of the principles of justice.
(8 marks) (5 marks)
4 Discuss the appropriateness of plea (8 marks)
negotiations in this case. 9 Discuss the ability of the criminalp.indd
04_FIL_JO_SB34_14e_10363_TXT_3p justice
136-137 6 The likely dispute resolution body used to resolve the Total: 50 marks
(5 marks) system to ensure a fair trial in this case. dispute, and your reason for your answer.
In your answer, describe one recent (4 marks) 25/09/2017 3:28 pm
5 Explain the relationship between the
reform which aims to ensure a fair trial.
judge and the jury at trial.
(10 marks)
(5 marks)
Total: 50 marks
6 Describe one time factor that may affect
the ability of the criminal justice system
CHAPTER 8 REFORMING THE CIVIL JUSTICE SYSTEM 297

296 UNIT 33 RIGHTS
UNIT RIGHTSAND JUSTICE
ANDJUSTICE
25/09/2017 4:09 pm
08_FIL_JO_SB34_14e_10363_TXT_3pp.indd 296-297
x JUSTICE & OUTCOMES LEGAL STUDIES FOR VCE UNITS 3 & 4

Key features of digital support
Justice & Outcomes Legal Studies for VCE Units 3 & 4 is supported by a range of engaging and
relevant digital resources provided via obook assess.
Students receive:
• a complete digital version of the Student book with
notetaking and bookmarking functionality
• case study videos (with supporting worksheets) from
some of Australia’s finest news and current affairs
outlets (including ABC and SBS)
• targeted instructional videos by some of Victoria’s
most experienced Legal Studies teachers, designed
to help students prepare for exams and assessment
tasks
• a range of engaging worksheets for every chapter,
designed to consolidate and extend understanding
on key points from the study design
• additional case studies and examples for extension
• access to interactive auto-correcting multiple-choice quizzes.
Teachers receive:
• access to all student resources
• detailed course planners, teaching
programs and lesson plans
• answers to every question in the
Student book
• chapter summary PowerPoint
presentations ideal for whole-class
revision
• practice exams and SACs with answers.
USING JUSTICE & OUTCOMES xi

CHAPTER 1
LEGAL
TOOLKIT
Source 1 Congratulations on choosing VCE Legal Studies! This chapter provides you with an introduction
and overview to the course, but is also a handy reference that can be revisited throughout the year.

WELCOME TO VCE LEGAL STUDIES This legal toolkit contains a range of useful and
UNITS 3 & 4 relevant information to help you get the most out of VCE
Congratulations on choosing Legal Studies as part of Legal Studies. It can be used as an introduction and
your VCE studies! overview to the course, but is also designed as a handy
reference that can be revisited throughout the year.
Legal Studies is an exciting, relevant and engaging
course that will explore the meaning of justice and help
TOPICS COVERED
you become active and informed citizens. It will provide
you with opportunities to develop problem-solving skills This chapter provides an introduction to:
as you navigate your way through criminal cases and • Understanding the VCE Legal Studies course
legal problems, and explore the meaning of justice. • Setting yourself up for success in VCE Legal Studies
This student book has been purpose-written to meet • Tips for success on assessment tasks
the requirements of the VCE Legal Studies Study Design • Mastering legal citation
2018–2022 and includes content you are required to • Careers in the law.
cover in Units 3 & 4. Best of luck with your studies this year!

1.1 UNDERSTANDING THE VCE LEGAL
STUDIES COURSE
The requirements of the VCE Legal Studies course are set out in a document known as a Study Design.
Study tip The VCE Legal Studies Study Design is published by the Victorian Curriculum and Assessment Authority
Make sure you visit (VCAA).
the VCAA website and The Study Design is the most important document supporting the VCE Legal Studies course. It sets
download a copy of the
VCE Legal Studies Study
out all of the information you are expected to learn and provides important details about the way you will
Design. It sets out all be assessed. The current Study Design has been accredited from 1 January 2018.
of the information you
are expected to learn
and provides important
information on how you Structure of the VCE Legal Studies course
will be assessed. VCE Legal Studies is a two-year course made up of four units:
A link to the current
Study Design is UNIT COMMENTS
provided on your obook
assess. Unit 1 – Guilt and liability • Units 1 & 2 are most commonly completed
in Year 11
Unit 2 – Sanctions, remedies and rights
Unit 3 – Rights and justice • Units 3 & 4 are most commonly completed
in Year 12
Unit 4 – The people and the law • Units 1 & 2 are not a pre-requisite to
complete Units 3 & 4.
Source 1 Structure of VCE Legal Studies Units 1–4
Each Unit of the course is separated into Areas of Study. You are required to achieve an Outcome
for each Area of Study. Source 2 shows how Units 3 & 4 of the course are broken down into Areas of
Study and Outcomes. It also shows the chapters in this book that cover this content.
UNIT 3 – RIGHTS AND JUSTICE

MARKS CORRESPONDING CHAPTERS
AREA OF STUDY OUTCOME
ALLOCATED IN THIS BOOK
Area of Study 1 Outcome 1 50 • Chapter 3 Introduction
The Victorian On completion of this unit the student should be to the Victorian criminal
criminal justice able to explain the rights of the accused and of justice system
system victims in the criminal justice system, discuss • Chapter 4 Determining a
the means used to determine criminal cases criminal case
and evaluate the ability of the criminal justice • Chapter 5 Reforming the
system to achieve the principles of justice. criminal justice system
Area of Study 2 Outcome 2 50 • Chapter 6 Introduction
The Victorian civil On completion of this unit the student should to the Victorian civil
justice system be able to analyse the factors to consider when justice system
initiating a civil claim, discuss the institutions • Chapter 7 Resolving a civil
and methods used to resolve civil disputes and dispute
evaluate the ability of the civil justice system to • Chapter 8 Reforming the
achieve the principles of justice. civil justice system
Total marks 100
Source 2 An overview of the content, structure and marks allocated in Unit 3. Extracts from the VCE Legal Studies Study Design
(2018–2022) reproduced by permission, © VCAA.
4 JUSTICE & OUTCOMES LEGAL STUDIES FOR VCE UNITS 3 & 4

UNIT 4 – THE PEOPLE AND THE LAW
MARKS CORRESPONDING CHAPTERS
AREA OF STUDY OUTCOME
ALLOCATED IN THIS BOOK
Area of Study 1 Outcome 1 40 • Chapter 10 The people and
The people and On completion of this unit the student should the Constitution
the Australian be able to discuss the significance of High • Chapter 11 Changing and
Constitution Court cases involving the interpretation of the protecting the Constitution
Australian Constitution and evaluate the ways in
which the Australian Constitution acts as a
check on parliament in law-making.
Area of Study 2 Outcome 2 60 • Chapter 12 The parliament
The people, the On completion of this unit the student should be • Chapter 13 The courts
parliament and able to discuss the factors that affect the ability • Chapter 14 Law reform
the courts of parliament and courts to make law, evaluate
the ability of these law-makers to respond
to the need for law reform, and analyse how
individuals, the media and law reform bodies
can influence a change in the law.
Total marks 100
Source 3 An overview of the content, structure and marks allocated in Unit 4. Extracts from the VCE Legal Studies Study Design
(2018–2022) reproduced by permission, © VCAA.
Each Outcome in the course includes a series of key knowledge dot points and key skills dot points:
• the key knowledge dot points tell you what you should know and learn
• the key skills dot points tell you what you should do with that knowledge.
You will find the key knowledge and key skills for each Outcome at the start of each chapter of this
book. It is important that you read and become familiar with these before you begin each chapter.
Source 4 The VCE Legal Studies course is a two-year course made up of four units. Units 1 & 2 are
covered in Access & Justice Legal Studies for VCE Units 1 & 2 (13th edition). Units 3 & 4 are covered in
Justice & Outcomes Legal Studies for VCE Units 3 & 4 (14th edition).
CHAPTER 1 LEGAL TOOLKIT 5

Assessment and reporting
As you complete Units 3 & 4 of the VCE Legal Studies course, your teacher will use a variety of learning
activities and assessment tasks to assess your knowledge and understanding of key knowledge and
key skills.
Satisfactory completion
The award of satisfactory completion for each unit of the VCE Legal Studies course is based on your
teacher’s decision that you have demonstrated achievement of the set of Outcomes for that unit. For
example, to be awarded satisfactory completion in Unit 3 – Rights and Justice, you will need to demonstrate
the required achievement for Outcomes 1 and 2.
At the end of each unit, your school will submit a result for each student to the VCAA:
• students who demonstrate the required level of achievement will receive an S (Satisfactory)
• students who do not demonstrate the required level of achievement will receive an
N (Not Satisfactory).
Your teacher’s decision to award you with an S or an N will be based on your performance in a range
of learning activities and tasks, known as school-assessed coursework (SACs). Your teacher’s decision
to award you with an S or an N in each unit is separate from the levels of achievement (i.e. mark) you
receive on your (SACs).
Assessment tasks
Your level of achievement in VCE Legal Studies Units 3 & 4 is determined by:
ASSESSMENT TASK DESCRIPTION
School-assessed Your school will determine these tasks. The range of tasks you may be required to
coursework (SACs) complete includes:
• a case study
• structured questions
• an essay
• a report in written format
• a report in multimedia format
• a folio of exercises.
End-of-year The final assessment task you will undertake is the end-of-year examination, set by VCAA
examination and held in November each year. The VCAA will release a complete examination timetable
(for all subjects including Legal Studies) during the year and publish the exact time and
date on its website. Details of the examination specifications are published on the VCAA
website. A link to these details is provided on your obook assess.
Source 5 School-assessed coursework and assessment tasks
The percentage contributions to your final study score in VCE Legal Studies are as follows:
School-assessed coursework End-of-year assessment
Unit 3 25 per cent
50 per cent
Unit 4 25 per cent
Source 6 Level of achievement and assessment tasks

Key themes of the VCE
Legal Studies course
A number of key themes flow through VCE Legal
Studies Units 1–4. Being aware of these themes
and understanding them will help you to connect
the information you learn in each unit of the
course and place it in a broader context. The key
themes are discussed in Source 8. Source 7 The final assessment task that you will
undertake is the end-of-year examination, set by
VCAA and held in November each year.
KEY THEME DESCRIPTION fairness

one of the principles of
Active citizenship Many parts of the course demonstrate the way in which we can justice; fairness means
become active and informed citizens. This is known as active having fair processes
citizenship. You will study this through both Units 3 & 4 in and a fair hearing (e.g.
the parties in a legal
understanding and appreciating how individuals can influence case should have an
changes in the law, how individuals can use the court system to opportunity to know the
enforce their rights, and how members of society can show the need facts of the case and
have the opportunity
for reform to our justice systems.
to present their side
The principles of justice ‘Justice’ refers to the fair and equitable treatment of all individuals of events; and the pre-
under the law. It is a common concept and something that hearing and hearing [or
trial] processes should
Australians often want to see being upheld – particularly when it be fair and impartial)
comes to serious crimes that have been committed. In this course
equality
you will look at the three principles of justice: one of the principles
• fairness of justice; equality
• equality means people should
be equal before the
• access. law and have the same
Problem-solving and A key focus in this course is developing your problem-solving and opportunity to present
their case as anyone
application skills application skills. Legal Studies requires you to consider a range of
else, without advantage
real and/or hypothetical scenarios and apply your knowledge and or disadvantage
skills to those scenarios. You will consider areas of the law such as:
access
• criminal cases and civil disputes one of the principles of
• problems with the law and the legal system justice; access means
• problems with the way in which our law-makers operate. that all people should
be able to understand
In each of these areas, you may be expected to develop possible their legal rights and
strategies to help resolve problems and issues. pursue their case
Recent focus An important part of this course requires you to be up to date with
what is happening in Australia’s legal system. For example, in Unit 3
you are required to discuss recent reforms to the criminal and civil
justice systems.
Source 8 Key themes covered in VCE Legal Studies Units 3 & 4
Check your obook assess for these additional resources and more:
» Video tutorial » Weblink » Weblink » Course planner
How to structure an VCAA – current Study VCAA – examination Printable course planner
essay Design table for VCE Legal Studies

1.2 SETTING YOURSELF UP FOR SUCCESS IN
VCE LEGAL STUDIES
Successfully completing your VCE is not an easy thing to do. For many people it can be a challenging and
stressful time. This topic is designed to help you plan and prepare for success. Some of the tips provided
below relate specifically to VCE Legal Studies, but others are more general and apply to all of your other
VCE subjects.
These tips are just a starting point. You might already have your own strategies. If so, stick with those.
Your friends and teachers might have some great study tips too, so be sure to ask them, and implement
the strategies that work best for you!
Top 10 tips for study success

Tip 1 – Get hold of key documents and read them carefully
One of the quickest and simplest things you can do to set yourself up for success in VCE Legal Studies is
to get your hands on key documents and read them carefully.
• The most important document in VCE Legal Studies is the Study Design. It sets out all of the
information you are expected to learn and provides important details about the way you will be
assessed. The current Study Design has been accredited from 1 January 2018. You can download a
copy from the VCAA website link on your obook assess.
• The VCAA also make a number of other useful documents available at no charge on its website. These
include past exam papers, examination reports and other support materials.
• You should also make sure you keep all documents from your teacher relating to assessment tasks,
and read them carefully. Understanding exactly what is required in an assessment task is your first
step towards doing well on it. Make sure you also get copies of any assessment advice related to
assessment tasks (e.g. marking criteria or assessment rubrics). These are the documents that your
teacher will use to assess your level of achieving, so understanding mark allocation and high-scoring
responses will ensure that you give yourself the best chance of success.
Tip 2 – Study
Success in VCE Legal Studies doesn’t just begin and end in the classroom. If
you’re going to perform at your best, you will need to make time for regular
periods of study and revision outside school hours. This doesn’t mean you have to
study for hours every day, but it does mean you should incorporate short periods
of revision into your daily routine. Studying daily will help you to continually
reinforce new concepts in your mind and help you avoid the stress of last-minute
cramming. Here are some tips to help you study effectively:
Choose the best place to study

• Everyone has their own idea about the best study environment. Whether it’s in
your bedroom, at your local library, or at your favourite café, you need to find
Source 1 Understanding exactly what is a regular study space that works for you. Ideally, your study space should be
required in an assessment task is your first
quiet, comfortable, bright and airy, and free from distractions.
step towards doing well on it. Make sure you
also get copies of any assessment advice • Make sure your study space is stocked with the things that you need (such
related to assessment tasks (e.g. marking as stationery) and decorated with things that make you feel calm (such as
criteria or assessment rubrics). artworks or plants).

• If you like to listen to music while you study, make sure you are able to do
this without disturbing others.
Choose the best times to study

• Choosing the best time of day for regular study is important. Some people
find it easier to concentrate early in the morning while other people find
it easier to concentrate at night. Decide what works best for you and plan
for regular study sessions at this time of day. Don’t work too late into the
evenings though, as this can make you tired for school the next day.
Remember that studying can take many different forms

• Finding time for study can sometimes be difficult, so keep in mind that Source 2 Whether it’s in your bedroom, at your
effective studying can take different forms and happen almost anywhere: local library, or at your favourite café, you need to
• you might read over your notes for 10 minutes on the bus on your way find a regular study space that works for you.
to school
• you might have a chat to your friends at lunch about a concept that you found difficult in class or
organise regular group study sessions with your friends.
• you might make an audio recording of your notes and listen to them while you’re exercising.
Tip 3 – Manage your study time effectively

Now that you have your study space set up and have chosen a regular time to study, it helps to put some
practical strategies in place to stay on track. Try one or more of the following time management strategies.
TIME MANAGEMENT
DETAILS
STRATEGY
Create a study timetable • Creating a study timetable that helps you schedule periods of
regular study and revision in all your subjects is key to your
success.
• Once you set your study timetable, be sure to stick to it. If your
timetable isn’t working, revisit it and make a new one.
Use a diary, wall • Recording key dates is essential to your success. Adding due
planner or calendar to dates for assessment tasks and assignments will help you
record key dates manage your time effectively and meet your deadlines (especially
in weeks when you have multiple assessment tasks due).
• Recording the dates of tests and exams will also help you keep
your preparations on track.
Make lists • A simple ‘to do’ list can be a great tool to help you manage your
time and achieve your goals. Creating a short list of daily goals
for each study session can also be a great way of keeping you on
track each day.
• A separate list of weekly or monthly goals can help you keep the
bigger picture in mind.
• Using lists is a great way to help you break big tasks down into
smaller, more manageable tasks, so that you gain a sense of
achievement.
Set reminders • Setting a regular alarm to remind you it’s time to study can keep
you on track.
Source 3 Time management strategies

Tip 4 – Discover your learning style
Everyone learns differently, so getting to know the way you learn can help you to focus on strategies for
study that are most effective for you.
TYPE OF
WAYS IN WHICH YOU LEARN BEST LEARNING STRATEGIES AND TOOLS
LEARNER
Visual you learn by seeing and you learn best by using pictures, images,
learner looking diagrams, colour coding and mind maps
Auditory you learn by hearing and you learn best by using sounds, music, audio
learner listening recordings and mnemonics (songs, rhymes or
phrases designed to aid memory)
Verbal you learn best by using you learn best by reading content aloud, engaging
learner words, both in speech and in discussions, using word-based memory
writing techniques (such as scripting)
Physical you learn best by touching you learn best by drawing diagrams and using
learner and doing physical objects and role-playing situations
Source 4 Strategies for different learning styles
Tip 5 – Take care of yourself

Once of the most important things you can do during your VCE is look after yourself. Staying healthy is
key to your success. Make sure you:
• eat a balanced diet – try to avoid too much caffeine and junk food
• get enough sleep – ideally around 7–8 hours per night
• stay hydrated – try to drink lots of water and limit your intake of soft drinks and energy drinks
• get regular exercise – a brisk 30-minute walk every day is a great place to start and any more is a bonus.
Tip 6 – Use different strategies to review and revise

At the end of each week of class, it’s a great idea to summarise your notes so that you can review and
revise what you’ve learned ahead of any assessment tasks, tests or exams. Regular revision will help
you understand concepts more fully and recall key information when you need to. A range of common
revision strategies and ideas are provided below. Try one or more of the following revision strategies:
REVISION STRATEGY DETAILS

Create detailed revision • creating your own revision notes can be time consuming, but it’s
notes time well spent!
• taking the time to create your revision notes reinforces what
you’ve learned and means that they will be written in language
that makes sense to you, not someone else
Dot-point summaries • detailed revision notes are great, but you may also benefit
on index cards from creating really brief study notes in the form of dot-point
summaries
• copy these summaries onto index cards so you can carry them
with you and revise on your way to school or at home on the
couch
Record your revision • record yourself as you read your revision notes or dot-point
notes and listen to them summaries aloud
• listen to yourself

REVISION STRATEGY DETAILS
Quiz yourself • quizzes are quick, fun, and a good way to test what you know and
find out your areas of weakness
• use your textbook, revision notes or quiz cards to quiz yourself
• ask friends or family members to quiz you on key legal terms
and key concepts
Do practice questions, • practice makes perfect, so the more you test your knowledge
essays and exams and develop your skills by completing practice questions, essays
and exams, the better
• ask your teacher to provide feedback on your practice responses
to help you improve
Source 5 Revision strategies
r e y our
u e c ards a d!
C f rien
e s t
new b
Study tip
Setting up automatic
alerts is a great way of
keeping up to date with
developments in legal
cases and legislation.
Just enter the keywords
you want to search
for and enter your
email address. You’ll
Source 6 Detailed revision notes are great, but you may also benefit from creating really brief study notes receive regular updates
in the form of dot-point summaries. Copy these summaries onto index cards that you can carry with you, on anything you’re
and use them to revise on your way to school or at home on the couch. interested in – and
it’s free!
A link to Google
Tip 7 – Stay up to date with current events Alerts is provided on

your obook assess.
This course focuses on our law-makers and our justice system, which are constantly evolving and
reforming. So are our laws. It’s important to stay up to date with developments in our legal system so you
can incorporate current details and facts into your coursework and assessment tasks.
Newspaper articles, digital news feeds, television programs and journal articles are all good sources
of current information. Keep your eye out for ongoing developments in legal cases and current events
and file these away for later! One way to do this is by creating an automatic internet search. Alert services
(such as Google Alert) can send you emails when they find results that match your search terms – such as
web pages, newspaper articles, blogs, or even legal cases.
As you collect current information, make sure you label and save it carefully so you can find it when
you need it.

Tip 8 – Make time for breaks
Regardless of where or when you study, make sure you plan to take regular study breaks. You should aim
to work in 50-minute blocks and then take a meaningful 10-minute break.
Make sure your break has nothing to do with your studies. Get up from your desk and leave your study
space. Take the dog for a quick walk, make something to eat, or chat to your family or friends.
Some days are tough, so if you’re feeling tired, upset or frustrated you might need to take a break or
take a night off from study. Just make sure you don’t do this too often!
Tip 9 – Ask for help

• Completing your VCE can be a challenge sometimes – especially if you have other commitments like
work, sport, or music outside school hours. If you’re feeling stressed or overwhelmed, make sure you
talk to people around you and get support if you need it. Your teachers, friends and family are there to
help you and many schools have services and programs set up to help you.
• If you're having problems understanding a particular concept or completing a certain task, make sure
you ask for help! Your teacher is there to help you in class and will make time to explain things you
don’t understand. If your teacher isn’t available, talk to your friends and other students in your class to
see if they can help.
Tip 10 – Stay motivated

• Staying motivated and keeping a positive attitude is important
during your VCE. Make sure you reward yourself for achieving your
daily and weekly goals!
• Try not to compare yourself to other students in your class. Instead,
set goals that are right for you and focus on achieving those.
• Many parts of the VCE Legal Studies course require repetition,
practice and resilience to master. Many of the concepts are
complex, and you may not understand them the first time you come
across them, so don’t give up! Try some of the different tips and
strategies listed above to understand them.
• Some people find it motivating to decorate their study space with
Source 7 Some people find it motivating to decorate inspirational quotes or pictures of the people they care about.
their study space with inspirational quotes or pictures These things can help to remind you of your goals and the reasons
of the people they care about. These things can help you why you are working so hard.
stay motivated by reminding you of your goals and the
reasons why you are working so hard.
» Weblink » Weblink » Study timetable
VCAA Google alerts Study timetable template

1.3 TIPS FOR SUCCESS ON SACS AND THE
END-OF-YEAR EXAMINATION
As you work your way through the VCE Legal Studies course, your teacher will use a variety of learning
activities and SACs to assess your understanding of key knowledge and key skills. In order to give yourself
the best chance of success on these SACs – and the end-of-year examination – be sure to follow these tips.
Tip 1 – Use key legal terminology

One of the key skills you are expected to demonstrate throughout Units 3 & 4 is the ability to define and
use key legal terminology.
A list of key legal terms (with definitions) is provided at the start of every chapter of this student
book. These words then appear throughout each chapter and are also listed in the glossary at the end of
the book.
Learning these key legal terms and using them correctly in your assessment tasks will show your
teacher that you understand them – and will help you achieve a great result.
Some simple strategies to help you learn and remember key legal terms include:
• writing words and definitions on Post-it notes and sticking them around your room or house
• making flashcards that you can carry with you and use to quiz yourself and others
• using the digital flashcard glossary interactive provided on your obook assess to quiz yourself
and others
• getting into the habit of adopting and using legal terminology in your everyday language (e.g. use
‘plaintiff ’ instead of ‘a person who is suing another person’).
actus reus legislation

mens rea burden criminal
of proof law
damages civil law

duty of justice
care
Source 1 Learning key legal terms and using them correctly in your assessment tasks will show your
teacher that you understand them. Getting into the habit of adopting and using legal terminology in your
everyday language will help you learn key terms quickly!

Tip 2 – Understand task words
In the assessment tasks you are asked to complete throughout the year, it’s likely that questions and tasks
will include a ‘task word’. In Legal Studies, task words are words that tell you how to demonstrate the
knowledge you have learned.
Task words range in level of difficulty. Some (such as identify or define) are simple to understand and
master. Others (such as evaluate or justify) are more challenging to understand and will take practice
to master. Source 2 lists a range of common task words and their definitions. It also provides example
questions so you can see each task word in context.
All of these questions have come from exam papers for past Study Designs, so they may or may not
reflect key knowledge and key skills that are not in the current Study Design. You should check with your
teacher about this.
TASK WORD DEFINITION EXAMPLE QUESTION FROM PAST EXAMS*

Advise To offer suggestions about the Question 7 (2008)
best course of action or make James and his friends were celebrating James’ 35th birthday at
recommendations a local restaurant. At the end of the night, James decided that
he may have had too much to drink and called a taxi. On the way
out, James tripped on some worn carpet and fell to the floor,
causing him a serious injury. After consulting his lawyer, James
decides to sue the restaurant for compensation.
Advise James on the purpose of two pre-trial procedures which
his lawyer might use in this case.
Analyse To examine a complex feature, issue Question 12 (2013)
or concept by breaking it down into Using one successful referendum and one High Court case,
smaller parts and showing how they analyse the impact of referendums and the High Court’s
relate to one another interpretation of the Commonwealth Constitution on the division
of law-making powers.
Comment To express an opinion or reaction Question 5 (2009)
on (in order to demonstrate your ‘Pre-trial procedures are designed to speed up the resolution
understanding of it) of civil disputes.’ Comment on this statement. In your answer,
describe one civil pre-trial procedure.
Compare To explain or discuss how concepts, Question 5 (2010)
definitions or features are similar Jane and David have been involved in an ongoing dispute. They
and different (by identifying the have been advised to use either mediation or arbitration as a
qualities or features they have in dispute resolution method.
common as well as those they don’t) Compare mediation and arbitration as methods of dispute
resolution.
Examine To consider in detail and establish Question 9 (2010)
the key facts and important issues The doctrine of precedent allows for both consistency and
related to a topic or issue. flexibility. Critically examine these two strengths of the doctrine
of precedent.
Define To state the exact nature, features, Question 1 (2015)
or meaning of a term, feature or A plaintiff is seeking an injunction and damages of $1 million in
concept the Supreme Court of Victoria. Define the term ‘injunction’.
Describe To give a detailed account of a Question 9a (2016)
system, process or feature Describe one reason why a law may need to change.

TASK WORD DEFINITION EXAMPLE QUESTION FROM PAST EXAMS*
Discuss Give a reasoned argument for and Question 7c (2016)
against a particular issue (and Provide one sanction that may be imposed if Sam is found guilty
provide strengths and weaknesses and discuss the ability of that sanction to achieve its purposes.
if applicable). You can also give your
opinion, and should do so if the
question asks you to give it
Distinguish Explain the differences and Question 1 (2011)
distinctive characteristics Distinguish between exclusive and residual powers.
Evaluate To identify key features and assess Question 10 (2013)
their relative merits by discussing Evaluate the effectiveness of two methods that are used by
the strengths and weaknesses and individuals or groups to influence a change in the law.
providing a concluding judgment
about the (overall) benefit or worth
of what is being evaluated
Explain To clarify a point, feature or concept Question 5b (2015)
by describing it in more detail or Explain the role of the VLRC in recommending a change in the
revealing relevant facts about it law.
Identify To state or recognise a feature or Question 3 (2013)
factor (and possibly provide some Identify the two types of law-making powers of the state
basic facts about it) parliaments. In your answer, provide an example of each.
Illustrate To provide examples in order to Question 4 (2005)
better describe or explain a feature Use one example to explain and illustrate how the law-making
or concept powers of the Commonwealth Parliament and the State
Parliaments have been changed by High Court interpretation of
the Commonwealth Constitution.
Justify To show (or prove) a statement, Question 3 (2016)
opinion or contention to be right or A referendum proposal was voted on by the electors of
reasonable by providing evidence or Australia. Fifty-six per cent of all voters in Australia voted in
examples favour of the proposal and the majority of voters in all states,
except Victoria, Tasmania and New South Wales, voted in favour
of the proposal. Was the referendum passed? Justify your
answer.
Outline To give a brief summary of the key Question 1 (2014)
features Outline one effect of the interpretation of statute by judges.
Provide To give, supply or specifiy Question 5 (2014)
Audrey has commenced civil proceedings in the Supreme Court
of Victoria (Trial Division). The court will resolve the dispute at
trial after mediation was unsuccessful.
Provide one reason for the existence of a court hierarchy. Refer
to Audrey’s dispute in your answer.
To what To describe the degree or level Question 12 (2015)
extent to which a statement, opinion or The author of a journal article wrote the following
contention is (or is believed to be) opinion: ‘Juries should not decide matters of fact. It should all
correct or valid be left up to the judge.’
To what extent do you agree with this opinion? Justify your
answer.
*Selected VCE Legal Studies examination questions (2008–2016) are reproduced by permission, © VCAA.
Source 2 Common VCE Legal Studies task words, definitions and examples.

Study tip Tip 3 – Understand the structure of exam questions
A short video explaining
To give yourself the best chance of doing well in VCE Legal Studies exams, it’s important for you to become
the structure of familiar with types of questions that typically appear. Like assessment tasks, exam questions assess your
Legal Studies exam
understanding of key knowledge and key skills. The only difference is that exams are completed under
questions is provided
on your obook assess. exam conditions.
It gives you more tips Legal Studies exam questions typically contain a defined set of items arranged in different orders.
and examples of the
best ways to answer Once you understand what each component of the question is asking or telling you, answering the
questions and will question becomes much simpler. Source 3 explains the most common items that make up exam questions
help you maximise
your chances of
and Sources 5 provides some examples of these in action.
performing well on
tests, assessment tasks
QUESTION COMPONENT PURPOSE
and exams!
Question number This indicates the number of the question on the exam paper.
Mark allocation This indicates the total number of marks available for the
question. The total marks available gives you an idea of
how long to spend answering the question.
Quote or extract Exam questions may include statements or extracts from key pieces
of legislation.
Task word Task words are words that tell you how to demonstrate
the knowledge you have learned.
Quantifying words Quantifying words state the specific numbers (i.e. quantities) of
examples or definitions you should provide in your answer. Follow
quantifying words carefully and provide exactly what is asked.
Content words Content words provide specific details and facts for you to consider
Study tip in your answer (i.e. the context).
It’s important to keep Source 3 Legal Studies exam questions are typically made up of tasks based on these items
an eye on the clock
during tests or exams
to make sure you have Question 13 (10 marks)
enough time to answer
every question.
Discuss the ability of parliament to change the law. In your answer, provide one
recent example of an individual or group influencing legislative change.
Question 1 (7 marks)
Nathan commences proceedings in the Magistrates’ Court against his employer and is seeking $90 000
in damages.
Source 4 It is
important to keep a. Describe one purpose of damages.
an eye on the clock From ©VCAA Legal Studies Exams
during exams.
Source 5 Examples of the common items that make up exam questions
» Video tutorial » Flashcard glossary
Understanding the Digital interactive to
structure of Legal Studies help you learn key
exam questions legal terms

1.4 MASTERING LEGAL CITATION
As you work your way through the VCE Legal Studies course, you will be learning about many different
laws and legal cases. To be able to recognise laws and legal cases, and to reference them in your notes
and assessment tasks, you should master the basics of legal citation.
What is legal citation?

legal citation Legal citation is the system used to refer to legal documents and
the system used to refer
to legal documents and
sources such as cases and Acts of Parliament in a consistent and
sources such as cases accurate way. The most commonly cited legal documents are:
and statutes
• Acts of Parliament (also known as statutes and legislation)
Act of Parliament
a law made by • judgements from legal cases (also known as court decisions).
parliament; a bill which The following information will help you in reading and
has passed through
parliament and has understanding legal citations. It will also help you cite legal
received royal assent documents correctly in your coursework and assessment tasks.
(also known as a
statute)
Citing Acts of Parliament

Acts of Parliament (often called just ‘Acts’) are laws made by the
various parliaments in Australia (i.e. state and territory parliaments
and the Commonwealth Parliament) and in other countries around
the world.
Acts of Parliament generally feature the following pieces of Source 1 Legal citation is a
information in this order: system designed to help people
cite (i.e. refer to) specific laws
• The name of the Act or statute – This is the title that has been
and legal cases in a consistent
given to the statute. It is always written in italics. and accurate way.
• The year that it was made by parliament – This is also written
in italics.
• The parliament that passed it – This will be either a state or territory parliament, or the
Commonwealth Parliament. The name of the parliament is never written in full; instead, abbreviations
for each parliament are used (e.g. Vic or Cth).
Example 1 – an Act made by the Victorian Parliament
Crimes Act 1958 (Vic)

This Act (i.e. the Crimes Act) was made in 1958 by the Victorian Parliament.
Example 2 – an Act made by the Commonwealth Parliament
Competition and Consumer Act 2010 (Cth)

This Act (i.e. the Competition and Consumer Act) was made in 2010 by the Commonwealth Parliament.

Study tip Citing amending acts
Amending acts are a type of statute that amend (i.e. change or update) a statute that already exists.
If you are looking for an Amending acts are repealed (i.e. cancelled) once the amendments are made to the existing statute.
act in a database such
as the Australasian For example, the Sentencing (Community Correction Order) and Other Acts Amendment Act 2016 (Vic) is
Legal Information an amending Act which amends the Sentencing Act 1991 (Vic), the Bail Act 1977 (Vic) and various other
Institute (AustLII), and
you can’t find it in the Victorian Acts. The sole purpose of the Sentencing (Community Correction Order) and Other Acts Amendment
list called ‘Victorian Act is to amend (i.e. change or update) those Acts. For example, it might result in certain sections of the
current acts’, it might
existing Acts being deleted, added and amend certain words or phrases being changed.
be an amending act
rather than a main act An amending act is cited in the same way as other acts. Sometimes the title will let you know that is
(called the ‘principal
an amending act, as in the above examples, but not always.
act’). If you know the
year, you can look it
up under ‘Victorian Example 3 – an amending act passed by the Victorian Parliament
numbered acts’.
However, for your
purposes, you will Sentencing (Community Correction Order)
generally be citing the
principal act anyway.
and Other Acts Amendment Act 2016 (Vic)
Study tip This amending act (i.e. the Sentencing (Community Correction Order) and Other Acts Amendment Act) was
A short video with tips made in 2016 by the Victorian Parliament.
and examples of how Once the amending act has done its work, it is repealed, and it will no longer appear in the list of
to cite legal cases and
Acts of Parliament is
current Acts. That will occur once the changes it makes to the principal act (the act it is amending)
provided on your obook commence. In this example, the Sentencing (Community Correction Order) and Other Acts Amendment Act
assess. Watch it to help
states that it will be repealed on 2 October 2018. That is because the changes it makes to various principal
develop your skills!
acts take effect on 1 October 2018.
Citing bills
Bills are drafts of proposed laws that have been presented to parliament but haven’t been passed into law.
When citing bills, you should adopt the same approach as acts, except the word ‘Act’ is replaced by the
word ‘Bill’, and the title of the bill is not italicised.
Example 4 – a bill being presented to the Victorian Parliament
Disability Amendment Bill 2004 (Vic)

This Bill (i.e. the Disability Amendment Bill) was presented in 2004 by the Victorian Parliament.
Citing legal cases

Like acts, decisions from legal cases that are heard in a tribunal or court also have citations. Whenever
a written decision or judgment has been handed down by a tribunal or court, it is given a citation so that
people can refer back to it.
Legal case citations generally feature the following pieces of information in this order:
• The names of the parties – The name of the person who starts the case (usually called the plaintiff,
prosecutor or applicant) goes first. The names of the parties are separated with the word ‘v’ (e.g.

Smith v Jones). The names are written in italics. If there are multiple parties, the case name is generally
shortened to include just the first party in the list.
• The year of the decision – This is the year that the decision or judgment is published. It might be in
square brackets or round brackets, depending on the report in which the decision is published.
• The citation it has been given – All Australian court cases now have a ‘medium neutral citation’,
which is the court’s own unique identifier for the decision in its online database.
These citations are given by the court, and they always use an abbreviation that shows the court that
heard the case. The most common abbreviations are set out below.
COURT IDENTIFIER COURT

HCA High Court of Australia
FCA Federal Court of Australia
FamCA Family Court of Australia
VSCA Victorian Supreme Court (Court of Appeal)
VSC Victorian Supreme Court (Trial Division)
VCC County Court of Victoria
VMC Magistrates’ Court of Victoria
VCAT Victorian Civil and Administrative Tribunal
Source 2 Court identifiers in legal citations make clear which court a case was heard in
Examples of ways cases can be cited are as follows.
Example 5 – a civil case
Commonwealth v Tasmania (1983) 158 CLR 1

Parties Year Law report
• The parties in this civil case were the Commonwealth of Australia and the State of Tasmania.
• The ‘v’ between the names of the parties is short for versus, but is pronounced ‘and’.
• The decision was published in 1983.
• This is an example of a written judgment published in a law report. It was published in Volume 158 of
the Commonwealth Law Reports (CLR) on page 1.
Example 6 – a criminal case
DPP v Styles [2017] VCC 96 (9 February 2017)

Parties Year Court identifier Date of judgment
• The parties in this criminal case were the Director of Public Prosecutions (DPP) and a man called
Christian Patrick Styles.
• The ‘v’ between the names of the parties is short for versus, but it is pronounced ‘against’ or ‘and’.
• The case finished in 2017, and the written judgment was given by the court on 9 February 2017.
• The decision was handed down in the County Court of Victoria (VCC).
• The case was No. 96 in the Court’s list for that year.

Citing other laws, rules and regulations
The parliament can authorise other bodies to make regulations and rules. These are described as
‘delegated legislation or ‘secondary legistation’. To cite them, you use the name they have been given
1
(‘Rules’ or ‘Regulations’) and follow the same format as citing an Act of Parliament.
Example 7 – rules passed by the Victorian Parliament
Supreme Court (General Civil Procedure) Rules 2005 (Vic)

These rules (i.e. Supreme Court (General Civil Procedure) Rules) were passed in 2005 by the Victorian
Parliament.
Example 8 – regulations passed by the Commonwealth Parliament
Native Title (Federal Court) Regulations 1998 (Cth)

These regulations (i.e. Native Title (Federal Court) Regulations) were passed down in 1998 by the
Commonwealth Parliament.
Local laws
Local laws are passed by local councils. They are easily identifiable because they will contain the words
‘Local Law’ in the title.
Example 9 – a local law passed down by the Melbourne City Council
Melbourne City Council Activities Local Law 2009

Title Year
This Local Law (i.e. the Melbourne City Council Activities Local Law) was passed down in 2009 by the
Melbourne City Council.
» Video tutorial » Worksheet » Weblink
Citing legal cases and How to find and Australasian Legal
Acts of Parliament understand acts and Information Institute
cases (AustLII)

1.5 CAREERS IN THE LAW
There are a wide range of exciting and meaningful careers related to the study of law, and VCE Legal
Studies is an important first step towards gaining a range of skills and knowledge that can help get
you there.
While many people who choose to study the law go on to become lawyers, this is certainly not the
only career path available. In fact, a sound knowledge and understanding of the law is highly valued in a
range of different industries.
In this topic we take a look at what it actually means to be a lawyer. We also take a brief look at a range
of other career and job opportunities in which a sound knowledge of the law is highly valued and will help
you secure a great job in the future.
Source 1 While many people who choose to study the law go on to become lawyers, this is certainly not
the only career path available. In fact, a sound knowledge and understanding of the law is highly valued in
a range of different industries.
What do lawyers do?

Members of the legal profession in Australia are known as legal practitioners, also called lawyers.
Legal practitioners can generally be divided into two groups:
lawyer • solicitors
a general term used
to describe somebody
• barristers.
who has been trained in All lawyers must have a law degree and also be ‘admitted’ to the profession. Admission is a ceremony
the law and is qualified
in the Supreme Court which takes place after extra time spent in practical training. The lawyer then
to give legal advice (a
barrister or a solicitor) needs to be registered as a lawyer and obtain a practising certificate from the Legal Services Board (the
solicitor regulator in Victoria). Both solicitors and barristers provide certain types of legal services, and often the
a qualified legal
types of legal services they provide overlap. To get a better idea of what lawyers do, we will now look
practitioner who will
give advice about the briefly at both.
law and a person’s
rights under the law
barrister
Solicitors
a legal professional who Lawyers who see clients direct (also known as solicitors, to distinguish them from barristers) provide a
is engaged by a party’s
range of legal services depending on the areas of law in which they are willing to accept work. Some of
solicitor. One of the
roles of the barrister the more common services offered by lawyers are outlined in Source 2.
is to advocate (argue)
the party’s position at
formal hearings
Drafting
Understanding Representation
Researching Giving legal documents –
the client’s in a court or at a
the law advice contracts,
legal needs tribunal
wills, etc.
Source 2 Some of the more common legal services offered by lawyers

There are different ways in which a person can practice as an employed lawyer in Australia. These
include government lawyers, in-house lawyers and private practice lawyers.
TYPE OF LAWYER DESCRIPTION

Government lawyers Government lawyers are employed by the government (e.g. government departments). They
provide legal services exclusively to the governments they work for.
For example, the Victorian Government Solicitor’s Office (VGS) provides legal services to the
Victorian Government.
In-house lawyers In-house lawyers are employed by private companies and organisations. They provide legal
services to the companies and organisations they work for.
For example, Qantas may have its own lawyers who provide the Qantas business with legal
services.
Private practice Private practice lawyers are employed by private law firms. Private law firms can be:
lawyers • small ‘boutique’ firms (that specialise in a particular area of law such as intellectual
property)
• medium-sized firms
• large top-tier firms (that have a number of different teams specialising across different
areas of the law).
Private practice lawyers provide legal services to their clients in accordance with their needs.
For example, a person who believes they have been unfairly treated by their employer may
engage a private practice lawyer to help resolve their legal dispute.
Source 3 Ways employed lawyers can practice in Australia.
A lawyer may choose to provide legal services across many different areas of law, or they may choose
to specialise in one area of law. For example, some lawyers specialise in employment law, while others
specialise in mergers and acquisitions.
There are many different areas of law that a lawyer may specialise in, including
• wills and inheritance • mergers and acquisitions • entertainment
• family law • commercial disputes • building and construction.
• employment law • large infrastructure projects • class actions
• personal injury • property • charities and not for profit
Barristers
A barrister is a lawyer who specialises in giving advice in difficult cases and representing clients in court.
As lawyers, they must be admitted and have a practising certificate. In Victoria, a lawyer who wishes to
practice exclusively as a barrister must become a member of the Victorian Bar. The Victorian Bar is
the professional association that represents more than 2000 barristers in Victoria. Becoming a member
requires the barrister to undertake an exam and a course which allows them to develop the skills required
to be a barrister.
Barristers generally specialise in a particular court and in a particular area of law. As a result, they
develop a special set of skills. The barrister will be briefed (engaged in writing) by the solicitor or law firm,
and generally not directly by the client who needs legal advice (though this can occur with experienced
corporate clients). Communications will be between the barrister and the solicitor, not between the
barrister and the client.
Unlike solicitors, all barristers practice as individuals, rather than as partners or employees of a law
firm or company.
In Victoria, there are senior barristers (called Queen’s Counsel or Senior Counsel) and junior barristers
(called Counsel).

Career profile
Stephanie Hooper is a barrister with List A Barristers in Melbourne. She specialises in commercial
disputes and corporate insolvency (when companies are unable to pay their debts). She represents clients
in court, provides legal advice and runs cases.
We asked Stephanie to share some of her experiences working as a barrister. Here’s what she had
to say!
How did you first become interested in the law?

I first became interested in the law at school, when I did Legal
Studies. I loved the chance to debate interesting legal issues and
learn more about how our laws were created and enforced. It
made me realise I wanted to be a lawyer when I finished school.
What qualifications have you completed?

After school, I went to university to do a double degree in law and
business. After a few years at work as a solicitor, I went on to do
my Master’s degree in law in the United Kingdom. I have a
Bachelor of Laws (Hons I) and a Bachelor of International
Business from Griffith University in Queensland, and a Bachelor
of Civil Law from the University of Oxford.
What’s a typical day at work like for you?

Each of my days is quite varied. Sometimes I’ll spend all day in »
court, arguing a case. Other days, I’ll be doing legal research
in my chambers, meeting with solicitors or clients about a case,
Stephanie
Hooper providing legal advice, participating in a mediation or some mix of
Barrister the above. The variety is great.
List A Barr
isters
What do you like best about your job?
I like having the opportunity to solve complex legal problems,
to learn more about different areas of law and to help people
stand up for their legal rights, whether in court or otherwise.
I also like wearing my barrister robes to court!
What about other legal careers?

Choosing to become a practising lawyer (a solicitor or a barrister) isn’t the only option available to people
who study law. There are many other job options and career opportunities for people who have a sound
knowledge and understanding of the law. Some of these include:
• Law clerk • Policy adviser • Document • Teacher • Legal editor

• Court • Paralegal database • Journalist • Police officer.
personnel • Legal assistant specialist • Mediator
• Conveyancer • Legal analyst • Legal recruiter • Politician
» Weblink
Victorian Bar

UNIT 3
RIGHTS AND JUSTICE
Source 1 A statue of ‘Lady Justice’. She is holding the scales of justice in her hand. These scales symbolise
the impartial weighing of arguments and evidence for and against a case tried in court. In Unit 3 of VCE Legal
Studies, you will learn about the principles of justice and how the criminal and civil justice systems aim to
achieve them.

UNIT 3 — RIGHTS AND JUSTICE
Area of Study 1 – The Victorian criminal justice system
OUTCOME 1
On completion of this unit you should be able to explain the rights of the accused and of 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.
CHAPTER TITLE KEY KNOWLEDGE

Chapter 3 Introduction to the • the principles of justice: fairness, equality and access
Victorian criminal • key concepts in the Victorian criminal justice system,
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
THE VICTORIAN CRIMINAL JUSTICE SYSTEM
informed of the likely release date of the accused

Chapter 4 Determining a • the role of institutions available to assist an accused,
UNIT 3 – AREA OF STUDY 1
criminal case including Victoria Legal Aid and Victorian community

legal centres
• the purposes of committal proceedings
• the purposes and appropriateness of plea negotiations
and sentence indications in determining criminal
cases
determining criminal cases, including specialisation
and appeals
• the responsibilities of key personnel in a criminal
trial, including the judge, jury, parties and legal
practitioners
• the purposes of sanctions: rehabilitation, punishment,
deterrence, denunciation and protection
• fines, community corrections orders and
imprisonment, and their specific purposes
• factors considered in sentencing, including
aggravating factors, mitigating factors, guilty pleas
and victim impact statements
Chapter 5 Reforming the • factors that affect the ability of the criminal justice
criminal justice system to achieve the principles of justice including in
system relation to costs, time and cultural differences
• recent reforms and recommended reforms to enhance
the ability of the criminal justice system to achieve the
principles of justice
Extracts from the VCE Legal Studies Study Design (2018–2022) reproduced by permission, © VCAA.

Area of Study 2 – The Victorian civil justice system
OUTCOME 2
On completion of this unit you should be able to analyse the factors to consider when initiating a civil claim,
discuss the institutions and methods used to resolve civil disputes and evaluate the ability of the civil justice
system to achieve the principles of justice.
CHAPTER TITLE KEY KNOWLEDGE

Chapter 6 Introduction to the • the principles of justice: fairness, equality and access
Victorian civil justice • key concepts in the Victorian civil justice system,
system including:
– the burden of proof
– the standard of proof
– representative proceedings
• factors to consider when initiating a civil claim,
including negotiation options, costs, limitation of
actions, the scope of liability and enforcement issues
Chapter 7 Resolving a civil • the purposes and appropriateness of Consumer
THE VICTORIAN CIVIL JUSTICE SYSTEM
dispute Affairs Victoria (CAV) and the Victorian Civil and

Administrative Tribunal (VCAT) in resolving civil
UNIT 3 – AREA OF STUDY 2
disputes
• the purposes of civil pre-trial procedures
determining civil cases, including administrative
convenience and appeals
• the responsibilities of key personnel in a civil trial,
including the judge, jury, the parties and legal
practitioners
• judicial powers of case management, including the
power to order mediation and give directions
• the methods used to resolve civil disputes, including
mediation, conciliation and arbitration, and their
appropriateness
• the purposes of remedies
• damages and injunctions, and their specific purposes
Chapter 8 Reforming the civil • factors that affect the ability of the civil justice system
justice system to achieve the principles of justice, including in
relation to costs, time and accessibility
• recent and recommended reforms to enhance
the ability of the civil justice system to achieve the
principles of justice
Extracts from the VCE Legal Studies Study Design (2018–2022) reproduced by permission, © VCAA.

CHAPTER 2
INTRODUCTION TO UNIT 3 –
RIGHTS AND JUSTICE
Source 1 The rule of law is a fundamental concept in Australia. It is the principle that everyone in society is
bound by law and must obey the law. The rule of law also states that laws should be fair and clear, so people
are willing and able to obey them. The scales symbolise the weighing of evidence for and against a case
being tried in court. In Chapter 2, you will explore the nature of laws and law-making in Australia.

AIM democracy a system of government in which members of
parliament are voted into office by the people, and represent
The aim of this chapter is to provide an introduction to
the wishes of the people
the basic topics covered in Units 3 & 4 of the VCE Legal
Federation of Australia the union of sovereign states that
Studies course. It is intended to support students who
gave up some of their powers to a central authority to form
did not complete Units 1 & 2 of the course, but also
Australia
provides useful revision for those who did. Many of the
government the ruling authority with power to govern,
topics covered in this chapter will be explored in greater
formed by the political party that holds the majority in the
detail throughout Units 3 & 4.
lower house in each parliament. The members of parliament
who belong to this political party form the government
TOPICS COVERED
laws legal rules made by a legal authority that are
This chapter provides an overview of the following enforceable by the police and other agencies
topics:
non-legal rules laws made by private individuals or groups
• the nature of laws and their purposes in society, such as parents and schools, which are not
• the Australian Constitution enforceable by the courts
• law-makers in Australia opposition the political party that holds the second largest
• the nature of (and overlap between) criminal law and number of seats (after the government) in the lower house.
civil law The opposition questions the government about policy matters
and is responsible for holding them to account
• the meaning of the rule of law.
parliament a formal assembly of representatives of the
KEY LEGAL TERMS people that is elected by the people and gathers together to
make laws
Act of Parliament a law made by parliament; a bill which
has passed through parliament and has received royal assent precedent principle established in a legal case that is
(also known as a statute) followed by courts in cases where the material facts are
similar. Precedents can either be binding or persuasive
Australian Constitution, the a set of rules and principles
that guide the way Australia is governed. The Australian royal assent the formal signing and approval of a bill by
Constitution was passed by the British Parliament and its the Governor-General (at the Commonwealth level) or the
formal title is Commonwealth of Australia Constitution Act 1900 governor (at the state level) after which the bill becomes an
(UK) Act of Parliament (i.e. a law)
bill a proposed law that has not yet been passed by rule of law the principle that everyone in society is bound by
parliament law and must obey the law and that laws should be fair and
clear (so people are willing and able to obey them)
civil law an area of law that defines the rights and
responsibilities of individuals, groups and organisations in sanction a penalty (e.g. a fine or prison sentence) imposed
society and regulates private disputes (as opposed to criminal by a court on a person guilty of a criminal offence
law) secondary legislation rules and regulations made by
common law law made by judges through decisions made in secondary authorities (e.g. local councils, government
cases; also known as case law or judge-made law (as opposed departments and statutory authorities) which are given the
to statute law) power to do so by the parliament. Also referred to as delegated
legislation
constitutional monarchy a system of government in which
a monarch (i.e. a king or queen) is the head of state and a statute law law made by parliament; also known as
parliament makes the laws under the terms of a constitution legislation or Acts of Parliament (as opposed to common law)
criminal law an area of law that defines a range of Westminster system a parliamentary system of government
behaviours and conduct that are prohibited (i.e. crimes) and that developed in Britain and upon which Australia’s
outlines sanctions (i.e. penalties) for people who commit them parliamentary system is modelled
(as opposed to civil law)
damages the most common remedy in a civil claim; an KEY LEGAL CASES
amount of money that the court (or tribunal) orders one party A list of key legal cases covered in this chapter is
to pay to another provided on pages vi–viii.

1
THE NATURE OF LAWS AND THEIR

2.1 PURPOSES
laws Laws are legal rules made by a legal authority (such as parliament or the courts). Laws control the
legal rules made by
a legal authority that
behaviour of people and aim to achieve social cohesion. Laws help everyone to live together in a
are enforceable by cohesive and harmonious way by establishing boundaries of acceptable behaviour.
the police and other
Laws aim to protect the rights of individuals, including:
agencies
parliament • the right to be presumed innocent until proven guilty
work: a formal assembly of • the right not to be imprisoned without a court hearing
representatives of the
people that is elected by • the right to live free from discrimination or harassment
work: the people and gathers • the right to expect promises made in a contract to be kept.
together to make laws
People should be able to take legal action to have their rights enforced, and seek compensation for any
work: social cohesion
a term used to describe loss they have suffered.
the willingness of
members of a society
Non-legal rules are made and enforced by private individuals or groups (such as parents, sporting
to cooperate with each clubs and schools). They are not made by legal authorities. For example, your local cricket club may have
other in order to survive a rule that players must attend training each week with the correct uniform and equipment. If you break
and prosper
this rule, the club may decide to impose a penalty such as preventing you from playing in an important
non-legal rules
laws made by private match, but you cannot be taken to court for breaking the rule.
individuals or groups in
When millions of people live together in a society, it is inevitable that laws will be broken and disputes
society, such as parents
and schools, which are will arise. The legal system decides criminal cases and civil disputes so that people are dealt with by a final
not enforceable by the authority in a fair way. Laws have consequences for people who break them, and this can also discourage
courts
other people from acting the same way. For example, if you text a friend while driving a car and you
sanction
a penalty (e.g. a fine accidentally injure a pedestrian who is crossing the road, you may be charged with breaking the law, and
or prison sentence) receive a penalty (known as a sanction). Sanctions are imposed by the courts and may include paying a
imposed by a court on
a person guilty of a
fine (for minor breaches) or a prison sentence (for more serious breaches).
criminal offence
fine
a sanction that requires
the offender to pay an
amount of money to the
state
Source 1 When millions of people live together in a society, it is inevitable that laws will be broken and
disputes will arise. The legal system is designed to rule on cases so that these disputes are resolved in a
peaceful and fair way.

Source 2 Laws are enforceable rules made by legal authorities
(such as parliament or the courts). Breaking the law may
result in action being taken against you. For example, if you
use your mobile phone while driving and accidently injure
a pedestrian, you may receive a sanction in the form of a
fine or – in more serious cases – serve time in prison.
Source 3 Non-legal rules are made and enforced by

private individuals, groups or clubs (such as parents,
sporting clubs and schools) rather than legal authorities.
For example, your local cricket club may have a rule that
requires you to wear the correct uniform. If you break this
rule, the club may decide to ban you from playing, but they
cannot take you to court for failing to comply with the rule.
Define and explain 4 How are laws different from non-legal rules? In your
1 What are laws? answer, give two examples of laws, and two examples
2 Describe two aims of laws. of non-legal rules.
3 What is meant by the term ‘social cohesion’?
» Student book » Video tutorial » Video » Video worksheet
questions Introduction to Unit 3 What is law? What is law?
2.1 Check your learning
CHAPTER 2–INTRODUCTION TO UNIT 3 – RIGHTS AND JUSTICE 31

2.2 THE AUSTRALIAN CONSTITUTION
Before 1901, the Commonwealth of Australia did not

exist. Instead, there were six separate British colonies in
Australia, each with its own parliament. Each colony made
laws for its own residents.
By the late 1800s, many colonists felt it was time to
unite as one nation to strengthen Australia’s defence and
to simplify immigration, rail transport, tariffs (i.e. taxes)
and trade issues.
The colonies held a series of constitutional conventions
(meetings) to reach agreement on the wording of an
Australian Australian Constitution. They agreed to be a federation
Constitution, the
a set of rules and
of states within the new Commonwealth of Australia.
principles that guide The formal title of the Australian Constitution is the
the way Australia
is governed. The
Commonwealth of Australia Constitution Act 1900 (UK).
Australian Constitution It came into operation on 1 January 1901, the date of
was passed by the Federation. The Constitution is the most important
British Parliament
and its formal title document in Australia’s history, as it created what we now
is Commonwealth of know as the Commonwealth of Australia, and established
Australia Constitution
Act 1900 (UK)
the framework for our parliament and its law-making
powers. Source 1 The preamble (opening
Federation of Australia
the union of sovereign statement) of the Australian Constitution,
The High Court of Australia was also established by
states that gave up which records the agreement of the
the Australian Constitution. One of its roles is to settle
some of their powers colonies to unite. This resulted in
to a central authority to disputes about the interpretation of the Constitution. Federation.
form Australia
High Court
the ultimate court of
appeal in Australia
and the court with the
authority to hear and
determine disputes
arising under the
Australian Constitution
Source 2 The High Court of Australia was established by the Australian Constitution. The High Court
building in Canberra was opened by the Queen in 1980.

Constitutional monarchy
Australia is a constitutional monarchy, which means that the monarch (i.e. the Queen) is our head of constitutional
state and our parliamentary system is governed by the terms of the Australian Constitution. Australia is monarchy
a system of government
also described as a democracy because our parliaments consist of members who have been elected in which a monarch
(voted into office) by the people and given the responsibility to make laws on their behalf. Members of (i.e. a king or queen) is
the head of state and a
parliament usually belong to a political party. parliament makes the
If Australia were to become a republic, an appointed Australian person (possibly called a president) laws under the terms of
a constitution
would replace the Queen as our head of state. In a republic, the head of state is elected or chosen by the
democracy
people. In a monarchy, the monarch inherits the position. a system of government
in which members of
parliament are voted
into office by the people,
and represent the
wishes of the people
political party
an organisation that
represents a group
of people with shared
values and ideas, and
which aims to have its
members elected to
parliament
Source 3 Australia is a constitutional monarchy, meaning that the British monarch – currently Queen
Elizabeth II – is our head of state. Queen Elizabeth has occupied this position since her coronation in 1953.
That’s more than 60 years!
Defi ne and explain 4 What is meant by the term ‘constitutional monarchy’,

1 When did the Australian Constitution come into and how is this different from a republic?
operation in Australia? 5 Why is Australia described as a democracy?
2 What is the main purpose of the Australian
Constitution?
3 Did the High Court of Australia and the
Commonwealth Parliament exist before the Australian
Constitution? Explain your answer.
» Student book » Weblink
questions The Australian
2.2 Check your learning Constitution
CHAPTER 2–INTRODUCTION TO UNIT 3 – RIGHTS AND JUSTICE 33

Another random document with
no related content on Scribd:
Weston, however, was of no assistance. He had not noticed General
Fentiman's arrival on the eleventh. He was not acquainted with many
of the members, having only just taken over his new duties. He
thought it odd that he should not have noticed so very venerable a
gentleman, but the fact remained that he had not. He regretted it
extremely. Wimsey gathered that Weston was annoyed at having lost
a chance of reflected celebrity. He had missed his scoop, as the
reporters say.
Nor was the hall-porter any more helpful. The morning of November
11th had been a busy one. He had been in and out of his little glass
pigeonhole continually, shepherding guests into various rooms to
find the members they wanted, distributing letters and chatting to
country members who visited the Bellona seldom and liked to "have
a chat with Piper" when they did. He could not recollect seeing the
General. Wimsey began to feel that there must have been a
conspiracy to overlook the old gentleman on the last morning of his
life.
"You don't think he never was here at all, do you, Bunter?" he
suggested. "Walkin' about invisible and tryin' hard to communicate,
like the unfortunate ghost in that story of somebody or other's?"
Bunter was inclined to reject the psychic view of the case. "The
General must have been here in the body, my lord, because there
was the body."
"That's true," said Wimsey. "I'm afraid we can't explain away the
body. S'pose that means I'll have to question every member of this
beastly Club separately. But just at the moment I think we'd better go
round to the General's flat and hunt up Robert Fentiman. Weston,
get me a taxi, please."
CHAPTER VI
A Card of Re-Entry
The door of the little flat in Dover Street was opened by an elderly
man-servant, whose anxious face bore signs of his grief at his
master's death. He informed them that Major Fentiman was at home
and would be happy to receive Lord Peter Wimsey. As he spoke, a
tall, soldierly man of about forty-five came out from one of the rooms
and hailed his visitor cheerily.
"That you, Wimsey? Murbles told me to expect you. Come in.
Haven't seen you for a long time. Hear you're turning into a regular
Sherlock. Smart bit of work that was you put in over your brother's
little trouble. What's all this? Camera? Bless me, you're going to do
our little job in the professional manner, eh? Woodward, see that
Lord Peter's man has everything he wants. Have you had lunch?
Well, you'll have a spot of something, I take it, before you start
measuring up the footprints. Come along. We're a bit at sixes and
sevens here, but you won't mind."
He led the way into the small, austerely-furnished sitting-room.
"Thought I might as well camp here for a bit, while I get the old man's
belongings settled up. It's going to be a deuce of a job, though, with
all this fuss about the will. However, I'm his executor, so all this part
of it falls to me in any case. It's very decent of you to lend us a hand.
Queer old girl, Great-aunt Dormer. Meant well, you know, but made it
damned awkward for everybody. How are you getting along?"
Wimsey explained the failure of his researches at the Bellona.
"Thought I'd better get a line on it at this end," he added. "If we know
exactly what time he left here in the morning, we ought to be able to
get an idea of the time he got to the Club."
Fentiman screwed his mouth into a whistle.
"But, my dear old egg, didn't Murbles tell you the snag?"
"He told me nothing. Left me to get on with it. What is the snag?"
"Why, don't you see, the old boy never came home that night."
"Never came home?—Where was he, then?"
"Dunno. That's the puzzle. All we know is ... wait a minute, this is
Woodward's story; he'd better tell you himself. Woodward!"
"Yes, sir."
"Tell Lord Peter Wimsey the story you told me—about that
telephone-call, you know."
"Yes, sir. About nine o'clock...."
"Just a moment," said Wimsey, "I do like a story to begin at the
beginning. Let's start with the morning—the mornin' of November
10th. Was the General all right that morning? Usual health and spirits
and all that?"
"Entirely so, my lord. General Fentiman was accustomed to rise
early, my lord, being a light sleeper, as was natural at his great age.
He had his breakfast in bed at a quarter to eight—tea and buttered
toast, with an egg lightly boiled, as he did every day in the year.
Then he got up, and I helped him to dress—that would be about half-
past eight to nine, my lord. Then he took a little rest, after the
exertion of dressing, and at a quarter to ten I fetched his hat,
overcoat, muffler and stick, and saw him start off to walk to the Club.
That was his daily routine. He seemed in very good spirits—and in
his usual health. Of course, his heart was always frail, my lord, but
he seemed no different from ordinary."
"I see. And in the ordinary way he'd just sit at the Club all day and
come home—when, exactly?"
"I was accustomed to have his evening meal ready for him at half-
past seven precisely, my lord."
"Did he always turn up to time?'
"Invariably so, my lord. Everything as regular as on parade. That
was the General's way. About three o'clock in the afternoon, there
was a ring on the telephone. We had the telephone put in, my lord,
on account of the General's heart, so that we could always call up a
medical man in case of emergency."
"Very right, too," put in Robert Fentiman.
"Yes, sir. General Fentiman was good enough to say, sir, he did not
wish me to have the heavy responsibility of looking after him alone in
case of illness. He was a very kind, thoughtful gentleman." The
man's voice faltered.
"Just so," said Wimsey. "I'm sure you must be very sorry to lose him,
Woodward. Still, one couldn't expect otherwise, you know. I'm sure
you looked after him splendidly. What was it happened about three
o'clock?"
"Why, my lord, they rang up from Lady Dormer's to say as how her
ladyship was very ill, and would General Fentiman please come at
once if he wanted to see her alive. So I went down to the Club
myself. I didn't like to telephone, you see, because General
Fentiman was a little hard of hearing—though he had his faculties
wonderful well for a gentleman of his age—and he never liked the
telephone. Besides, I was afraid of the shock it might be to him,
seeing his heart was so weak—which, of course, at his age you
couldn't hardly expect otherwise—so that was why I went myself."
"That was very considerate of you."
"Thank you, my lord. Well, I see General Fentiman, and I give him
the message—careful-like, and breaking it gently as you might say. I
could see he was took aback a bit, but he just sits thinking for a few
minutes, and then he says, 'very well, Woodward, I will go. It is
certainly my duty to go.' So I wraps him up careful, and gets him a
taxi, and he says. 'You needn't come with me, Woodward. I don't
quite know how long I shall stay there. They will see that I get home
quite safely.' So I told the man where to take him and came back to
the flat. And that, my lord, was the last time I see him."
Wimsey made a sympathetic clucking sound.
"Yes, my lord. When General Fentiman didn't return at his usual
time, I thought he was maybe staying to dine at Lady Dormer's, and
took no notice of it. However, at half-past eight, I began to be afraid
of the night air for him; it was very cold that day, my lord, if you
remember. At nine o'clock, I was thinking of calling up the household
at Lady Dormer's to ask when he was to be expected home, when
the 'phone rang."
"At nine exactly?"
"About nine. It might have been a little later, but not more than a
quarter-past at latest. It was a gentleman spoke to me. He said: 'Is
that General Fentiman's flat?' I said, 'Yes, who is it, please?' And he
said, 'Is that Woodward?' giving my name, just like that. And I said
'Yes.' And he said, 'Oh, Woodward, General Fentiman wishes me to
tell you not to wait up for him, as he is spending the night with me.'
So I said, 'Excuse me, sir, who is it speaking, please?' And he said,
'Mr. Oliver.' So I asked him to repeat the name, not having heard it
before, and he said 'Oliver'—it came over very plain, 'Mr. Oliver,' he
said, 'I'm an old friend of General Fentiman's, and he is staying to-
night with me, as we have some business to talk over.' So I said,
'Does the General require anything, sir?'—thinking, you know, my
lord, as he might wish to have his sleeping-suit and his tooth-brush
or something of that, but the gentleman said no, he had got
everything necessary and I was not to trouble myself. Well, of
course, my lord, as I explained to Major Fentiman, I didn't like to take
upon myself to ask questions, being only in service, my lord; it might
seem taking a liberty. But I was very much afraid of the excitement
and staying up late being too much for the General, so I went so far
as to say I hoped General Fentiman was in good health and not
tiring of himself, and Mr. Oliver laughed and said he would take very
good care of him and send him to bed straight away. And I was just
about to make so bold as to ask him where he lived, when he rang
off. And that was all I knew till I heard next day of the General being
dead, my lord."
"There now," said Robert Fentiman. "What do you think of that?"
"Odd," said Wimsey, "and most unfortunate as it turns out. Did the
General often stay out at night, Woodward?"
"Never, my lord. I don't recollect such a thing happening once in five
or six years. In the old days, perhaps, he'd visit friends occasionally,
but not of late."
"And you'd never heard of this Mr. Oliver?"
"No, my lord."
"His voice wasn't familiar?"
"I couldn't say but what I might have heard it before, my lord, but I
find it very difficult to recognize voices on the telephone. But I
thought at the time it might be one of the gentlemen from the Club."
"Do you know anything about the man, Fentiman?"
"Oh yes—I've met him. At least, I suppose it's the same man. But I
know nothing about him. I fancy I ran across him once in some
frightful crush or other, a public dinner, or something of that kind, and
he said he knew my grandfather. And I've seen him lunching at
Gatti's and that sort of thing. But I haven't the remotest idea where
he lives or what he does."
"Army man?"
"No—something in the engineering line, I fancy."
"What's he like?"
"Oh, tall, thin, gray hair and spectacles. About sixty-five to look at.
He may be older—must be, if he's an old friend of grandfather's. I
gathered he was retired from whatever it is he did, and lived in some
suburb, but I'm hanged if I can remember which."
"Not very helpful," said Wimsey. "D'you know, occasionally I think
there's quite a lot to be said for women."
"What's that got to do with it?"
"Well, I mean, all this easy, uninquisitive way men have of makin'
casual acquaintances is very fine and admirable and all that—but
look how inconvenient it is! Here you are. You admit you've met this
bloke two or three times, and all you know about him is that he is tall
and thin and retired into some unspecified suburb. A woman, with
the same opportunities, would have found out his address and
occupation, whether he was married, how many children he had,
with their names and what they did for a living, what his favorite
author was, what food he liked best, the name of his tailor, dentist
and bootmaker, when he knew your grandfather and what he thought
of him—screeds of useful stuff!"
"So she would," said Fentiman, with a grin. "That's why I've never
married."
"I quite agree," said Wimsey, "but the fact remains that as a source
of information you're simply a wash-out. Do, for goodness' sake, pull
yourself together and try to remember something a bit more definite
about the fellow. It may mean half a million to you to know what time
grandpa set off in the morning from Tooting Bec or Finchley or
wherever it was. If it was a distant suburb, it would account for his
arriving rather late at the Club—which is rather in your favor, by the
way."
"I suppose it is. I'll do my best to remember. But I'm not sure that I
ever knew."
"It's awkward," said Wimsey. "No doubt the police could find the man
for us, but it's not a police case. And I don't suppose you particularly
want to advertise."
"Well—it may come to that. But naturally, we're not keen on publicity
if we can avoid it. If only I could remember exactly what work he said
he'd been connected with."
"Yes—or the public dinner or whatever it was where you first met
him. One might get hold of a list of the guests."
"My dear Wimsey—that was two or three years ago!"
"Or maybe they know the blighter at Gatti's."
"That's an idea. I've met him there several times. Tell you what, I'll go
along there and make inquiries, and if they don't know him, I'll make
a point of lunching there pretty regularly. He's almost bound to turn
up again."
"Right. You do that. And meanwhile, do you mind if I have a look
round the flat?"
"Rather not. D'you want me? Or would you rather have Woodward?
He really knows a lot more about things."
"Thanks. I'll have Woodward. Don't mind me. I shall just be fussing
about."
"Carry on by all means. I've got one or two drawers full of papers to
go through. If I come across anything bearing on the Oliver bloke I'll
yell out to you."
"Right."
Wimsey went out, leaving him to it, and joined Woodward and
Bunter, who were conversing in the next room. A glance told Wimsey
that this was the General's bedroom.
On a table beside the narrow iron bedstead was an old-fashioned
writing-desk. Wimsey took it up, weighed it in his hands a moment
and then took it to Robert Fentiman in the other room. "Have you
opened this?" he asked.
"Yes—only old letters and things."
"You didn't come across Oliver's address, I suppose?"
"No. Of course I looked for that."
"Looked anywhere else? Any drawers? Cupboards? That sort of
thing?"
"Not so far," said Fentiman, rather shortly.
"No telephone memorandum or anything—you've tried the
telephone-book, I suppose?"
"Well, no—I can't very well ring up perfect strangers and—"
"And sing 'em the Froth-Blowers' Anthem? Good God, man,
anybody'd think you were chasing a lost umbrella, not half a million
of money. The man rang you up, so he may very well be on the
'phone himself. Better let Bunter tackle the job. He has an excellent
manner on the line; people find it a positive pleasure to be tr-r-
roubled by him."
Robert Fentiman greeted this feeble pleasantry with an indulgent
grin, and produced the telephone directory, to which Bunter
immediately applied himself. Finding two-and-a-half columns of
Olivers, he removed the receiver and started to work steadily
through them in rotation. Wimsey returned to the bedroom. It was in
apple-pie order—the bed neatly made, the wash-hand apparatus set
in order, as though the occupant might return at any moment, every
speck of dust removed—a tribute to Woodward's reverent affection,
but a depressing sight for an investigator. Wimsey sat down, and let
his eye rove slowly from the hanging wardrobe, with its polished
doors, over the orderly line of boots and shoes arranged on their
trees on a small shelf, the dressing table, the washstand, the bed
and the chest of drawers which, with the small bedside table and a
couple of chairs, comprised the furniture.
"Did the General shave himself, Woodward?"
"No, my lord; not latterly. That was my duty, my lord."
"Did he brush his own teeth, or dental plate or whatever it was?"
"Oh, yes, my lord. General Fentiman had an excellent set of teeth for
his age."
Wimsey fixed his powerful monocle into his eye, and carried the
tooth-brush over to the window. The result of the scrutiny was
unsatisfactory. He looked round again.
"Is that his walking-stick?"
"Yes, my lord."
"May I see it?"
Woodward brought it across, carrying it, after the manner of a well-
trained servant, by the middle. Lord Peter took it from him in the
same manner, suppressing a slight, excited smile. The stick was a
heavy malacca, with a thick crutch-handle of polished ivory, suitable
for sustaining the feeble steps of old age. The monocle came into
play again, and this time its owner gave a chuckle of pleasure.
"I shall want to take a photograph of this stick presently, Woodward.
Will you be very careful to see that it is not touched by anybody
beforehand?"
"Certainly, my lord."
Wimsey stood the stick carefully in its corner again, and then, as
though it had put a new train of ideas into his mind, walked across to
the shoeshelf.
"Which were the shoes General Fentiman was wearing at the time of
his death?"
"These, my lord."
"Have they been cleaned since?"
Woodward looked a trifle stricken.
"Not to say cleaned, my lord. I just wiped them over with a duster.
They were not very dirty, and somehow—I hadn't the heart—if you'll
excuse me, my lord."
"That's very fortunate."
Wimsey turned them over and examined the soles very carefully,
both with the lens and with the naked eye. With a small pair of
tweezers, taken from his pocket, he delicately removed a small
fragment of pile—apparently from a thick carpet—which was clinging
to a projecting brad, and stored it carefully away in an envelope.
Then, putting the right shoe aside, he subjected the left to a
prolonged scrutiny, especially about the inner edge of the sole.
Finally he asked for a sheet of paper, and wrapped the shoe up as
tenderly as though it had been a piece of priceless Waterford glass.
"I should like to see all the clothes General Fentiman was wearing
that day—the outer garments, I mean—hat, suit, overcoat and so
on."
The garments were produced, and Wimsey went over every inch of
them with the same care and patience, watched by Woodward with
flattering attention.
"Have they been brushed?"
"No, my lord—only shaken out." This time Woodward offered no
apology, having grasped dimly that polishing and brushing were not
acts which called for approval under these unusual circumstances.
"You see," said Wimsey, pausing for a moment to note an
infinitesimally small ruffling of the threads on the left-hand trouser-
leg, "we might be able to get some sort of a clew from the dust on
the clothes, if any—to show us where the General spent the night. If
—to take a rather unlikely example—we were to find a lot of
sawdust, for instance, we might suppose that he had been visiting a
carpenter. Or a dead leaf might suggest a garden or a common, or
something of that sort. While a cobweb might mean a wine-cellar, or
—or a potting-shed—and so on. You see?"
"Yes, my lord," (rather doubtfully).
"You don't happen to remember noticing that little tear—well, it's
hardly a tear—just a little roughness. It might have caught on a nail."
"I can't say I recollect it, my lord. But I might have overlooked it."
"Of course. It's probably of no importance. Well—lock the things up
carefully. It's just possible I might have to have the dust extracted
and analyzed. Just a moment—Has anything been removed from
these clothes? The pockets were emptied, I suppose?"
"Yes, my lord."
"There was nothing unusual in them?"
"No, my lord. Nothing but what the General always took out with him.
Just his handkerchief, keys, money and cigar-case."
"H'm. How about the money?"
"Well, my lord—I couldn't say exactly as to that. Major Fentiman has
got it all. There was two pound notes in his note-case, I remember. I
believe he had two pounds ten when he went out, and some loose
silver in the trouser pocket. He'd have paid his taxi-fare and his lunch
at the Club out of the ten-shilling note."
"That shows he didn't pay for anything unusual, then, in the way of
train or taxis backwards and forwards, or dinner, or drinks."
"No, my lord."
"But naturally, this Oliver fellow would see to all that. Did the General
have a fountain-pen?"
"No, my lord. He did very little writing, my lord. I was accustomed to
write any necessary letters to tradesmen, and so on."
"What sort of nib did he use, when he did write?"
"A J pen, my lord. You will find it in the sitting-room. But mostly I
believe he wrote his letters at the Club. He had a very small private
correspondence—it might be a letter or so to the Bank or to his man
of business, my lord."
"I see. Have you his check-book?"
"Major Fentiman has it, my lord."
"Do you remember whether the General had it with him when he last
went out?"
"No, my lord. It was kept in his writing-desk as a rule. He would write
the checks for the household here, my lord, and give them to me. Or
occasionally he might take the book down to the Club with him."
"Ah! Well, it doesn't look as though the mysterious Mr. Oliver was
one of those undesirable blokes who demand money. Right you are,
Woodward. You're perfectly certain that you removed nothing
whatever from those clothes except what was in the pockets?"
"I am quite positive of that, my lord."
"That's very odd," said Wimsey, half to himself. "I'm not sure that it
isn't the oddest thing about the case."
"Indeed, my lord? Might I ask why?"
"Why," said Wimsey, "I should have expected—" he checked himself.
Major Fentiman was looking in at the door.
"What's odd, Wimsey?"
"Oh, just a little thing struck me," said Wimsey, vaguely. "I expected
to find something among those clothes which isn't there. That's all."
"Impenetrable sleuth," said the major, laughing. "What are you
driving at?"
"Work it out for yourself, my dear Watson," said his lordship, grinning
like a dog. "You have all the data. Work it out for yourself, and let me
know the answer."
Woodward, a trifle pained by this levity, gathered up the garments
and put them away in the wardrobe.
"How's Bunter getting on with those calls?"
"No luck, at present."
"Oh!—well, he'd better come in now and do some photographs. We
can finish the telephoning at home. Bunter!—Oh, and, I say,
Woodward—d'you mind if we take your finger-prints?"
"Finger-prints, my lord?"
"Good God, you're not trying to fasten anything on Woodward?"
"Fasten what?"
"Well—I mean, I thought it was only burglars and people who had
finger-prints taken."
"Not exactly. No—I want the General's finger-prints, really, to
compare them with some others I got at the Club. There's a very fine
set on that walking-stick of his, and I want Woodward's, just to make
sure I'm not getting the two sets mixed up. I'd better take yours, too.
It's just possible you might have handled the stick without noticing."
"Oh, I get you, Steve. I don't think I've touched the thing, but it's as
well to make sure, as you say. Funny sort of business, what? Quite
the Scotland Yard touch. How d'you do it?"
"Bunter will show you."
Bunter immediately produced a small inking-pad and roller, and a
number of sheets of smooth, white paper. The fingers of the two
candidates were carefully wiped with a clean cloth, and pressed first
on the pad and then on the paper. The impressions thus obtained
were labeled and put away in envelopes, after which the handle of
the walking-stick was lightly dusted with gray powder, bringing to
light an excellent set of prints of a right-hand set of fingers,
superimposed here and there, but quite identifiable. Fentiman and
Woodward gazed fascinated at this entertaining miracle.
"Are they all right?"
"Perfectly so, sir; they are quite unlike either of the other two
specimens."
"Then presumably they're the General's. Hurry up and get a
negative."
Bunter set up the camera and focussed it.
"Unless," observed Major Fentiman, "they are Mr. Oliver's. That
would be a good joke, wouldn't it?"
"It would, indeed," said Wimsey, a little taken aback. "A very good
joke—on somebody. And for the moment, Fentiman, I'm not sure
which of us would do the laughing."
CHAPTER VII
The Curse of Scotland
What with telephone calls and the development of photographs, it
appeared obvious that Bunter was booked for a busy afternoon. His
master, therefore, considerately left him in possession of the flat in
Piccadilly, and walked abroad to divert himself in his own peculiar
way.
His first visit was to one of those offices which undertake to distribute
advertisements to the press. Here he drew up an advertisement
addressed to taxi-drivers and arranged for it to appear, at the earliest
possible date, in all the papers which men of that profession might
be expected to read. Three drivers were requested to communicate
with Mr. J. Murbles, Solicitor, of Staple Inn, who would recompense
them amply for their time and trouble. First: any driver who
remembered taking up an aged gentleman from Lady Dormer's
house in Portman Square or the near vicinity on the afternoon of
November 10th. Secondly: any driver who recollected taking up an
aged gentleman at or near Dr. Penberthy's house in Harley Street at
some time in the afternoon or evening of November 10th. And
thirdly: any driver who had deposited a similarly aged gentleman at
the door of the Bellona Club between 10 and 12.30 in the morning of
November 11th.
"Though probably," thought Wimsey, as he footed the bill for the
insertions, to run for three days unless cancelled, "Oliver had a car
and ran the old boy up himself. Still, it's just worth trying."
He had a parcel under his arm, and his next proceeding was to hail a
cab and drive to the residence of Sir James Lubbock, the well-known
analyst. Sir James was fortunately at home and delighted to see
Lord Peter. He was a square-built man, with a reddish face and
strongly-curling gray hair, and received his visitor in his laboratory,
where he was occupied in superintending a Marsh's test for arsenic.
"D'ye mind just taking a pew for a moment, while I finish this off?"
Wimsey took the pew and watched, interested, the flame from the
Bunsen burner playing steadily upon the glass tube, the dark brown
deposit slowly forming and deepening at the narrow end. From time
to time, the analyst poured down the thistle-funnel a small quantity of
a highly disagreeable-looking liquid from a stoppered phial; once his
assistant came forward to add a few more drops of what Wimsey
knew must be hydrochloric acid. Presently, the disagreeable liquid
having all been transferred to the flask, and the deposit having
deepened almost to black at its densest part, the tube was detached
and taken away, and the burner extinguished, and Sir James
Lubbock, after writing and signing a brief note, turned round and
greeted Wimsey cordially.
"Sure I am not interrupting you, Lubbock?"
"Not a scrap. We've just finished. That was the last mirror. We shall
be ready in good time for our appearance in Court. Not that there's
much doubt about it. Enough of the stuff to kill an elephant.
Considering the obliging care we take in criminal prosecutions to
inform the public at large that two or three grains of arsenic will
successfully account for an unpopular individual, however tough, it's
surprising how wasteful people are with their drugs. You can't teach
'em. An office-boy who was as incompetent as the average murderer
would be sacked with a kick in the bottom. Well, now! and what's
your little trouble?"
"A small matter," said Wimsey, unrolling his parcel and producing
General Fentiman's left boot, "it's cheek to come to you about it. But
I want very much to know what this is, and as it's strictly a private
matter, I took the liberty of bargin' round to you in a friendly way. Just
along the inside of the sole, there—on the edge."
"Blood?" suggested the analyst, grinning.
"Well, no—sorry to disappoint you. More like paint, I fancy."
Sir James looked closely at the deposit with a powerful lens.
"Yes; some sort of brown varnish. Might be off a floor or a piece of
furniture. Do you want an analysis?"
"If it's not too much trouble."
"Not at all. I think we'll get Saunders to do it; he has made rather a
specialty of this kind of thing. Saunders, would you scrape this off
carefully and see what it is? Get a slide of it, and make an analysis
of the rest, if you can. How soon is it wanted?"
"Well, I'd like it as soon as possible. I don't mean within the next five
minutes."
"Well, stay and have a spot of tea with us, and I dare say we can get
something ready for you by then. It doesn't look anything out of the
way. Knowing your tastes, I'm still surprised it isn't blood. Have you
no blood in prospect?"
"Not that I know of. I'll stay to tea with pleasure, if you're certain I'm
not being a bore."
"Never that. Besides, while you're here, you might give me your
opinion on those old medical books of mine. I don't suppose they're
particularly valuable, but they're quaint. Come along."
Wimsey passed a couple of hours agreeably with Lady Lubbock and
crumpets and a dozen or so antiquated anatomical treatises.
Presently Saunders returned with his report. The deposit was
nothing more nor less than an ordinary brown paint and varnish of a
kind well known to joiners and furniture-makers. It was a modern
preparation, with nothing unusual about it; one might find it
anywhere. It was not a floor-varnish—one would expect to meet it on
a door or partition or something of that sort. The chemical formula
followed.
"Not very helpful, I'm afraid," said Sir James.
"You never know your luck," replied Wimsey. "Would you be good
enough to label the slide and sign your name to it, and to the
analysis, and keep them both by you for reference in case they're
wanted?"
"Sure thing. How do you want 'em labeled?"
"Well—put down 'Varnish from General Fentiman's left boot,' and
'Analysis of varnish from General Fentiman's left boot,' and the date,
and I'll sign it, and you and Saunders can sign it, and then I think we
shall be all right."
"Fentiman? Was that the old boy who died suddenly the other day?"
"It was. But it's no use looking at me with that child-like air of
intelligent taking-notice, because I haven't got any gory yarn to spin.
It's only a question of where the old man spent the night, if you must
know."
"Curiouser and curiouser. Never mind, it's nothing to do with me.
Perhaps when it's all over, you'll tell me what it's about. Meanwhile
the labels shall go on. You, I take it, are ready to witness to the
identity of the boot, and I can witness to having seen the varnish on
the boot, and Saunders can witness that he removed the varnish
from the boot and analyzed it and that this is the varnish he
analyzed. All according to Cocker. Here you are. Sign here and here,
and that will be eight-and-sixpence, please."
"It might be cheap at eight-and-sixpence," said Wimsey. "It might
even turn out to be cheap at eight hundred and sixty quid—or eight
thousand and sixty."
Sir James Lubbock looked properly thrilled.
"You're only doing it to annoy, because you know it teases. Well, if
you must be sphinx-like, you must. I'll keep these things under lock
and key for you. Do you want the boot back?"
"I don't suppose the executor will worry. And a fellow looks such a
fool carrying a boot about. Put it away with the other things till called
for, there's a good man."
So the boot was put away in a cupboard, and Lord Peter was free to
carry on with his afternoon's entertainment.
His first idea was to go on up to Finsbury Park, to see the George
Fentimans. He remembered in time, however, that Sheila would not
yet be home from her work—she was employed as cashier in a
fashionable tea-shop—and further (with a forethought rare in the
well-to-do) that if he arrived too early he would have to be asked to
supper, and that there would be very little supper and that Sheila
would be worried about it and George annoyed. So he turned in to
one of his numerous Clubs, and had a Sole Colbert very well
cooked, with a bottle of Liebfraumilch; an Apple Charlotte and light
savory to follow, and black coffee and a rare old brandy to top up
with—a simple and satisfactory meal which left him in the best of
tempers.
The George Fentimans lived in two ground-floor rooms with use of
kitchen and bathroom in a semi-detached house with a blue and
yellow fanlight over the door and Madras muslin over the windows.
They were really furnished apartments, but the landlady always
referred to them as a flat, because that meant that tenants had to do
their own work and provide their own service. The house felt stuffy
as Lord Peter entered it, because somebody was frying fish in oil at
no great distance, and a slight unpleasantness was caused at the
start by the fact that he had rung only once, thus bringing up the
person in the basement, whereas a better-instructed caller would
have rung twice, to indicate that he wanted the ground floor.
Hearing explanations in the hall, George put his head out of the
dining-room and said, "Oh! hullo!"
"Hullo," said Wimsey, trying to find room for his belongings on an
overladen hat-stand, and eventually disposing of them on the handle
of a perambulator. "Thought I'd just come and look you up. Hope I'm
not in the way."
"Of course not. Jolly good of you to penetrate to this ghastly hole.
Come in. Everything's in a beastly muddle as usual, but when you're
poor you have to live like pigs. Sheila, here's Lord Peter Wimsey—
you have met, haven't you?"
"Yes, of course. How nice of you to come round. Have you had
dinner?"
"Yes, thanks."
"Coffee?"
"No, thanks, really—I've only just had some."
"Well," said George, "there's only whisky to offer you."
"Later on, perhaps, thanks, old man. Not just now. I've had a brandy.
Never mix grape and grain."
"Wise man," said George, his brow clearing, since as a matter of
fact, there was no whisky nearer than the public-house, and
acceptance would have meant six-and-six, at least, besides the
exertion of fetching it.
Sheila Fentiman drew an arm-chair forward, and herself sat down on
a low pouffe. She was a woman of thirty-five or so, and would have
been very good-looking but for an appearance of worry and ill-health
that made her look older than her age.
"It's a miserable fire," said George, gloomily, "is this all the coal there
is?"
"I'm sorry," said Sheila, "she didn't fill it up properly this morning."
"Well, why can't you see that she does? It's always happening. If the
scuttle isn't absolutely empty she seems to think she needn't bother
about filling it up."
"I'll get some."
"No, it's all right. I'll go. But you ought to tell her about it."
"I will—I'm always telling her."
"The woman's no more sense than a hen. No—don't you go, Sheila
—I won't have you carrying coal."
"Nonsense," said his wife, rather acidly. "What a hypocrite you are,
George. It's only because there's somebody here that you're so
chivalrous all at once."
"Here, let me," said Wimsey, desperately, "I like fetching coal.
Always loved coal as a kid. Anything grubby or noisy. Where is it?
Lead me to it!"
Mrs. Fentiman released the scuttle, for which George and Wimsey
politely struggled. In the end they all went out together to the
inconvenient bin in the back-yard, Wimsey quarrying the coal,
George receiving it in the scuttle and the lady lighting them with a
long candle, insecurely fixed in an enamel candle-stick several sizes
too large.
"And tell Mrs. Crickett," said George, irritably sticking to his
grievance, "that she must fill that scuttle up properly every day."
"I'll try. But she hates being spoken to. I'm always afraid she'll give
warning."
"Well, there are other charwomen, I suppose?"
"Mrs. Crickett is very honest."
"I know; but that's not everything. You could easily find one if you
took the trouble."
"Well, I'll see about it. But why don't you speak to Mrs. Crickett? I'm
generally out before she gets here."
"Oh, yes, I know. You needn't keep on rubbing it in about your having
to go out to work. You don't suppose I enjoy it, do you? Wimsey can
tell you how I feel about it."

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Justice outcomes legal studies for VCE

Lisa Filippin Margaret Beazer Annie

Legal Studies for VCE, Justice & Outcomes: Units 3 & 4

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JUSTICE & OUTCOMES

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Click here to access online extras

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Beazer, Margaret, author.

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CHAPTER 1 LEGAL TOOLKIT ..............................2

UNIT 3 RIGHTS AND JUSTICE................24

CHAPTER 2 INTRODUCTION TO UNIT 3 –

CHAPTER 3 INTRODUCTION TO THE

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4.4 SENTENCE INDICATIONS ................................................. 92 7.4 THE PURPOSES OF CIVIL PRE-TRIAL

CHAPTER 5 REVIEW CHAPTER SUMMARY, 8.5 RECOMMENDED REFORMS ............................................290

iv JUSTICE & OUTCOMES LEGAL STUDIES FOR VCE UNITS 3 & 4

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CHAPTER 12 THE PARLIAMENT ................... 392

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CHAPTER 1 LEGAL TOOLKIT (28 February 2017) ....................................................... 141

Matsoukatidou v Yarra Ranges Council [2017] VSC 61

vi JUSTICE & OUTCOMES LEGAL STUDIES FOR VCE UNITS 3 & 4

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CONSTITUTION R v Klamo (2008) 18 VR 644 ............................................ 432

CHAPTER 12 THE PARLIAMENT

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Key features of the Student book

are asked to comp

• information about careers in

TASK WORD rating James’ 35th by describing it law.

Check your obook assess for these additional

CHAPTER 1 LEGAL TOOLKIT

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OUTCOME • synthesise and apply legal principles and information

relevant image • the purposes of committal proceedings

appear in the chapter (with

supporting defi nitions).

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Clear topic-based approach

are often involved group member in a representative proceeding.

184 UNIT 3 RIGHTS AND JUSTICE

accompanying legal citation provide

real-world examples of the law in

USING JUSTICE & OUTCOMES ix

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and opportunities for extension are

Defi nitions are provided in

clearly identified in text and support

the margin to support student

students who want to gain a richer

understanding. All key terms also

appear in the glossary at the end

provided to show real-

fun facts about the law

are provided to engage