U3 AOS1 SAC2

Question 1

define jurisdiction

Answer 1

the lawful authority (or power) of a court, tribunal or other dispute resolution body to decide legal cases

Question 2

define original jurisdiction

Answer 2

the power of a court to hear a case for the first time

Question 3

define appellate jurisdiction

Answer 3

the power of a court to hear a case in which a decision is being reviewed or challenged on a particular ground

• being appealed to a higher court

Question 4

define specialisation (a reason for a court hierarchy)

Answer 4

the courts develop expertise in dealing with the types of cases that come before them

• a court’s jurisdiction can be considered their specialist area, as it shows the types of cases that courts are most familiar with

Question 5

state the original and appellate jurisdiction of the magistrates’ court (specialisation)

Answer 5

original jurisdiction:
- all summary offences
- indictable offences heard summarily
- committal proceedings
- bail and warrant applications

appellate jurisdiction:
- no appellate jurisdiction

familiar with and has experience in dealing with self-represented accused people
resolves cases quickly and efficiently

Question 6

state the original and appellate jurisdiction of the county court (specialisation)

Answer 6

original jurisdiction
- indictable offences except murder, attempted murder, certain conspiracies, corporate offences

appellate jurisdiction
- from the magistrates’ court on a conviction or sentence

resolves cases quickly and efficiently

Question 7

state the original and appellate jurisdiction of the supreme court (trial division) (specialisation)

Answer 7

original jurisdiction
- most serious indictable offences including murder, attempted murder, certain conspiracies and corporate offences

appellate jurisdiction
- from the magistrates’ court on a points/question of law

familiar with hearing the most serious indictable offences
developed its own specialisation in those types of crime and the elements of each crime
developed expertise in trial processes such as giving evidence

Question 8

state the original and appellate jurisdiction of the supreme court (appeal) (specialisation)

Answer 8

original jurisdiction
- no original jurisdiction

appellate jurisdiction
- from the county court or the supreme court trial division
- from the magistrates’ court where the chief magistrate decided the case

appeals are determined by the questioning of a conviction, the severity or leniency of a sentence or a question of law

specialises in determining criminal appeals in indictable offences
expertise in sentencing principles

Question 9

define appeals

Answer 9

an application to have a higher court review a ruling (decision)

enables parties to a court case to apply for a higher court to review a ruling if they are not satisfied with a decision made in a lower court

Question 10

state the grounds for appeal

Answer 10

appealing on a question of law
appealing on a conviction
appealing on sanction imposed

Question 11

state the strengths and weaknesses of a court hierarchy

Answer 11

strengths
- allows courts to specialise in different types of criminal cases, which allows for efficient processes and resources based on the cases they hear
- allows appeals to be made from both parties if there is an error in the original decision

weaknesses
- the many different courts can be confusing for people who do not understand the criminal justice system
- no automatic right to appeal, so an the appellant must establish grounds for appeal

Question 12

list the key personnel in a criminal case

Answer 12

judge/magistrate
jury
the parties
legal practitioner

Question 13

define judge

Answer 13

an individual appointed to conduct trials and resolve legal disputes in court

Question 14

state the roles of judge/magistrate

Answer 14

act impartially
manage the trial or hearing
decide or oversee the outcome of the case
sentence the offender

Question 15

explain
1) act impartially
2) manage the trial or hearing
(role of judge/magistrate)

Answer 15

act impartially
to act not biased
- ensure public confidence in court/justice system
- ensures there is no apprehended bias

manage the trial or hearing
control and supervise the case
judge/magistrate are required to:

• ensure correct court procedure is followed so both parties have an equal opportunity to present their case
• ask occasional questions of a witness, recall a witness for the matter to be clarified or call a new witness with permission of both parties
• make decisions during the course of the trial (whether evidence is to be permitted or excluded)
• adjust trial processes if necessary

Question 16

explain decide or oversee the outcome of the case (role of judge/magistrate)

Answer 16

magistrate:
decides the outcome of the case as a jury is not used for summary offences
- required to listen to the cases presented by both parties
- determine whether the accused is guilty beyond reasonable doubt based on the facts and the law

judge:
ensures the jury understands their role, as the jury determines the outcome of the case
- gives jury directions
- tells jury that accused is not required to give evidence
- tells jury to not assume that the accused is guilty because the accused did not give evidence

sums up the case for the jury
- explains the law involved
- identify evidence that will assist the jury
- explain certain legal definitions and principles so jury can understand

Question 17

explain sentence the offender (role of judge/magistrate)

Answer 17

if an accused is found guilty or pleads guilty, a plea hearing occurs where both parties make submissions about sentencing

the judge/magistrate will consider submission/ hear from both the offender and the victim before handing down a sentence

the judge/magistrate will then hand down the sentence, compliant with the sentencing act 1991 and relevant law in relation to the offence

Question 18

state the strengths and weaknesses of judge/magistrate

Answer 18

strengths:
- acts as an impartial umpire
oversee the trial process, does not interfere in a trial or help either party
no party is advantaged or disadvantaged since the judge or magistrate does not ‘takes sides’
- manage the hearing processes, ensuring that rules of evidence and procedure are followed, and both parties have an opportunity to present their case
- able to assist self-represented accused people and can adjust the trial process to accommodate more vulnerable people

weaknesses:
- can be risks that they have actual or apprehended bias that impacts their decision-making, such as when they are fatigued
- a lack of diversity in Australian judges and magistrates
can impact on the extent to which accused people feel comfortable in the courtroom and/or the extent to which people feel confident in the administration of justice
- cannot overly interfere in a case, including those involving a self-represented accused person, even though they are one of the most experienced in the room

Question 19

define jury

Answer 19

a type of trial by peers in which an impartial group of randomly selected people hears evidence and hands down a verdict

Question 20

state the roles of a jury

Answer 20

be objective
listen to and remember the evidence
understand directions and summing up
deliver a verdict

Question 21

explain
1) be objective
2) listen to and remember the evidence
(roles of a jury)

Answer 21

be objective
must be unbiased and bring an open mind to the task, putting aside any prejudices or preconceived ideas
must have no connection with any of the parties
must ensure they decide whether the accused is guilty or not guilty based on the facts and not on their own biases

listen to and remember the evidence
make sense of evidence that is presented to them, whether lengthy or complicated to understand
must not undertaken:
- its own investigations of what happened
- conduct any research of the case
- make enquiries about trial matters
if using the internet
- juror is penalised and jury is discharged
juror is referred to DPP for investigation

Question 22

explain
3) understand directions and summing up
4) deliver the verdict
(roles of a jury

Answer 22

understand directions and summing up
- the judge gives directions to jury about issues or points of law
- the judge sums up the case
jury is required to listen to directions and summing up given by judge
can ask for an explanation about any legal point they do not understand

deliver a verdict
must take part in the deliberations in the jury room and form an opinion about which party’s story or arguments they believe
confidential, not generally admissible or allowed to be disclosed
- no pressure on jurors

unanimous verdict
a decision where all the members of the jury are in agreement and decide the same way
majority verdict
a decision where all but one of the members of the jury agree

Question 23

state the strengths and weaknesses of a jury

Answer 23

strengths:
- jury members are randomly picked, have no connection to the parties, and make a decision based on facts, not on biases or on their own enquiries
- the jury system allows members of the jury to participate in the criminal justice system processes and ensures that justice is ‘seen to be done‘
- collective decision-making can reduce the possibility of bias
any personal, subconscious biases can be identified during the deliberation process and addressed by the group
- juries represent a cross-section of the community
made up of a diverse group of people, which can lead to the decision reflecting the views and values of our society

weaknesses:
- jury members may have unconscious biases or prejudices, and as they do not give reasons for their decisions, there is no way of knowing whether bias played a role in their decision-making
- criminal trials can be complex, including directions given to the jury and the evidence given at trial
not clear whether 12 laypersons on a jury will be able to understand the legal principles involved and the evidence that is given to then make a decision based on the fact
- jury trials may result in further delays as rules, evidence and processes need to be explained to the jury, and a jury may require some time to deliberate
- a number of people cannot participate in a jury because they are ineligible, excused or disqualified
possible that a large section of the community is not represented

Question 24

state the roles of the parties

Answer 24

disclose information to the accused
participate in the trial or hearing
make submissions about sentencing

Question 25

explain
1) disclose information to the accused
2) participate in the trial or hearing
3) make submissions about sentencing
(roles of the parties)

Answer 25

disclose information to the accused
prosecution:
must inform the accused about the evidence that will be used against them
names and statements of witnesses and any material to assist the accused’s case
must disclose any relevant convictions of prosecutions witnesses
- allows accused’s legal representatives to cross examine the witnesses to see if they are credible

accused:
participate in the trial or hearing
- has the choice to fully participate in the trial or hearing, or they are entitled to remain silent
and do nothing
- if they choose to present a defence, they will (state participate in trial or hearing steps)
make submissions about sentencing
- aim of the offender, and their legal team, is to obtain the least possible sentence available
- cannot mislead the court, but they should provide factors about their life or the offence that could
lessen the sentence

participate in the trial or hearing
both parties:
- give opening address
- present evidence to support their case
- examine or cross examine witnesses
- give closing address

make submissions about sentencing
occurs at a plea hearing
informs the court about the laws that apply and anything about the offence or the offender relevant to sentencing

Question 26

state strengths and weaknesses of the parties

Answer 26

strengths:
- both parties have the opportunity to present their cases, including when making opening and closing addresses
includes the opportunity to examine and cross-examine witnesses (in examination in chief and cross-examination)
- the accused has no obligation to present evidence or do or say anything in the trial

weaknesses:
- the processes involved are complex and difficult to understand without a lawyer, making it difficult for self-represented accused people
- ‘party control’ and the right to silence may mean that the truth does not come out
the accused may not say or do anything
this is particularly so in situations where the accused is the only person that knows what happened
this may feel particularly unjust for victims and their families

Question 27

state the four reasons why legal practitioners are needed

Answer 27

a person who is representing themselves lack the skills and experience to navigate the criminal justice system and test evidence (esp when it comes to plea negotiations and cross examining witnesses)

self represented accused people may struggle to remain objective during the case which can affect their decision making ability

for traumatic or difficult experiences, it avoids the situation of an accused person directly questioning witnesses

although the court and judges can assist self represented accused people to some extend, it cannot extend to advocating on their behalf

Question 28

explain when and why might a court order legal representation

Answer 28

the criminal procedure act 2009 [vic] gives courts the power to adjourn a trial for serious offences until legal representation from VLA has been provided

the court must be satisfied that an accused person:
- will not receive a fair trial without legal representation
- cannot afford to pay for their own lawyer
the burden of proof is on the accused to prove that they cannot afford the full cost of obtaining legal representation

ensures a fair trial, avoids a successful appeal or possible acquittal of accused person

Question 29

state the strengths and weaknesses of legal practitioners

Answer 29

strengths:
- legal practitioners are experts who can help the accused person navigate the criminal justice system
includes assisting and conducting opening and closing addresses, where there are rules about what they can or cannot say
- legal practitioners can help avoid delays that may arise with self-represented accused people (as the trial processes may slow down to allow accused people to understand what is happening)

weaknesses:
- not all legal practitioners are equal or have the same level of experience and skills
some are more experienced than others
affects the quality of legal services
- legal representation alone may not assist an accused, particularly those who cannot understand English or those suffering trauma (such as victims)
therefore, more support may be needed

Question 30

state the impacts on the achievement of the principles of justice

Answer 30

costs
time
cultural differences

Question 31

explain costs of legal representation

Answer 31

although everyone has the right to legal representation, not everyone can afford it
the greatest financial impact tends to be on the accused
- disadvantages the accused as they are forced to represent themselves, even with having a lack of understanding of the criminal justice system such as presenting their case

Question 32

state the measures to address costs

Answer 32

• free legal aid through institutions such as VLA
• obtain free legal services from CLCs
• obtain pro bono legal representation from a private legal practitioner or pro bono institution (for the public good at a reduced rate)
• courts and judges have adjusted their processes to help self-represented parties
• use of committal proceedings and plea negotiations to filter out ‘weaker’ cases

Question 33

explain court delays

Answer 33

the more complicated the case is, the longer it is likely to take for the case to be ready for trial
- delays occur as gathering evidence, locating and interviewing witness, determining what happened and deciding the charges takes time

Question 34

state the measures to address time

Answer 34

• plea negotiations
  address delays faced by the courts
  an early guilty plea allows cases to be determined more quickly and saves the time associated with conducting trial
• judge alone trials
  avoids time to empanel a jury and go through the jury process
  trial judge is an expert, so they are more efficient in running the trial
• investment in digital technology
  reduce the backlog and increases the amount of cases heard by a court
  people do not have to travel far, video link rather than in person

Question 35

state and describe the difficulties faced by first nations people

Answer 35

language barrier
- cause misunderstandings

body language
- direct eye contact is disrespectful

direct questioning
- question answer method is inappropriate, discussions and storytelling is appropriate

cultural taboos
- taboo to mention names of deceased people or those disgraceful in the community

lack of understanding of court processes
- repeating a story may make first nations change the story as they think they are wrong or seen as unreliable

Question 36

explain cultural and language barrier

Answer 36

most are born overseas and have a language other than english as their first language
- affects whether an accused can understand legal documents, court processes and legal terminology
- under the Human Rights Charter, one of the rights guaranteed to a person is the right to have the assistance of an interpreter is they cannot understand or speak English

Question 37

state the measures to address cultural differences

Answer 37

• the introduction of the koori court
  tries to limit the difficulties first nations people face
• free interpreters
  assists the accused in understanding processes around them
• information from VLA and CLCs are provided in many different languages

Question 38

state the purposes of sanctions
2 P’s, 2 D’s and 1 R

Answer 38

Punishment
Protection
Deterrence
Denunciation
Rehabilitation

Question 39

explain the purpose of punishment

Answer 39

designed to penalise the offender and show society and the victim that criminal behaviour will not be tolerated

• punishment must be proportionate to the crime committed
• victims, witnesses and families seek revenge through the legal system rather than taking the matter into their own hands
• deprives the offender from their liberty but allows victims, witnesses and families to feel a sense of retribution

Question 40

explain the purpose of protection

Answer 40

designed to safeguard the community from an offender by preventing them from committing further offences

relevant when an offender:
- refuses to participate in treatment and rehabilitation programs
- shows no signs of remorse
- has a significant criminal history, with the chance of causing harm again

Question 41

explain the purpose of deterrence
(including specific and general deterrence)

Answer 41

designed to discourage the offender and others in the community from committing similar offences

specific deterrence
designed to discourage the offender from committing further offences
- prevents them from reoffending
- achieved depending on whether the offender has prior convictions

general deterrence
designed to discourage others in the community from committing similar offences
- achieved if the community are aware of the sanction imposed

Question 42

explain the purpose of denunciation

Answer 42

designed to demonstrate the community’s disapproval of the offender’s actions and highlight how the action went against the moral and ethical standards of society

• imposing a sanction that is harsh enough to show disapproval, reinforcing community’s values and expectations
• not tolerated by courts

Question 43

explain the purpose of rehabilitation

Answer 43

designed to address the underlying reasons for the offending and to treat the offender for these reasons

• aims to change the offender’s attitude and behaviour
• prevent the offender from reoffending in the future
• become law abiding citizens, as rehabilitation helps the offender to stop committing crimes, which protects the community

Question 44

state three sanctions

Answer 44

fines
community correction orders
imprisonment

Question 45

explain fines

Answer 45

a sanction ordered by the court that requires the offender to pay an amount of money to the state of victoria

judges have the ability to:
- determine whether a fine is an appropriate sanction
- determine the size of the fine

considerations:
- the purposes that the court wishes to achieve
- any aggravating or mitigating factors
- the offender’s ability to pay
- any previous precedents set for the same offence

can be imprisoned or required to follow a CCO if fine is not paid

Question 46

purposes of a sanction in relation to fines (achieved/not achieved)

Answer 46

punishment/deterrence
1. the financial circumstances of the offender
(achieved) - the amount of the fine needs to be high enough to act as a punishment, and have an impact on the offender, therefore discouraging them from committing further offences
(not achieved) - if a fine is too low and the offender has sufficient financial resources to pay the fine, the offender is not punished as they are not affected by it, and does not discourage them from committing future offences as it had no impact

2. amount of the fine
   (achieved) - imposes a burden on the offender, which also discourages them from committing similar/further offences
3. whether the fine is paid/enforced
   (not achieved) - an unpaid fine that is not enforced has no impact on the offender’s financial circumstances
   community is less likely to be deterred if they know there will be no repercussions if they do not pay the fine

denunciation
1. the nature of the offence and the fine imposed
(achieved) - a larger fine conveys a strong message that the community disapproves the offence
(not achieved) - a smaller fine does not convey a strong message of disapproval

Question 47

explain community correction orders (CCOs)

Answer 47

a supervised sentence served in the community that includes special conditions suitable to the offender and the case

• a flexible, non custodial sentence
• gives offenders the opportunity to address their criminal behaviour and undergo treatment or take part in educational, vocational or personal development programs while remaining in the community
• helps offenders to avoid the potentially negative impacts of imprisonment

Question 48

state the core conditions and special conditions that can be attached to a CCO

Answer 48

core conditions
- must not commit another offence punishable by imprisonment during the period of the order
- must not leave Victoria without permission
in relation to community corrections officer:
- must report to and receive visits
- must notify a change of address or employment within two working days after the change
- must comply with any given directions

special conditions
- unpaid community work
- treatment and rehabilitation
- curfew
- alcohol exclusion
- supervision

Question 49

purposes of a sanction in relation to CCOs (achieved/not achieved)

Answer 49

rehabilitation
1. conditions imposed
(achieved) - drug and alcohol treatment programs and other programs that seek to address underlying causes of behaviour are available

2. circumstances of the offender
   (achieved) - offender’s ability to remain employed and support from family can help the offender treat their underlying causes of behaviour, rather than being imprisoned where they do not have access to such support

deterrence/denunciation
1. length of the CCO
(achieved) - a long CCO can deter the offender from committing similar offences, as it has an impact and conveys a strong message of disapproval
(not achieved - a short CCO may be less likely to have a deterrent effect than a long CCO, as it does not have as much of an impact and does not convey a strong message of disapproval

2. the mandatory conditions imposed
   (achieved) - breaching a condition can lead to a resentence, which offenders want to avoid
3. the nature of the CCO
   (achieved) - a CCO that is overly restrictive and harsh can discourage the offender and the community from committing similar/further offences
   seen as a punitive and unwelcoming sanction

punishment
(achieved) - conditions attached which restricts the offender’s movements, depriving them of their liberty

Question 50

explain imprisonment

Answer 50

a sanction that involves removing the offender from society for a stated period of time and placing them in prison
- an offender loses their freedom and liberty
- where the court imposes a sentence longer than two years, it must also state a minimum non-parole period (minimum term that must be served in prison)

Question 51

define cumulative sentence, concurrent sentence and indefinite sentence

Answer 51

cumulative sentence is a term of imprisonment where two sentences are imposed, and are to be served one after the other

concurrent sentence is a term of imprisonment that is to be served at the same time as one or more other sentences

indefinite sentence is a term of imprisonment that has no fixed end date, usually given to the most serious offenders

Question 52

purposes of a sanction in relation to imprisonment (achieved/not achieved)

Answer 52

protection
1. the length of imprisonment
(achieved) - society is protected as the offender has been removed, so the offender is unable to commit further offences that harm society

punishment/deterrence/denunciation
1. the length of imprisonment
(achieved) - a longer prison term acts as a great restriction on freedom, which can discourage the offender and others in the community from committing similar/further offences
this also sends a strong message of disapproval
a shorter prison term is still effective as it deprives the offender from their liberty
2. circumstances of the offender
(not achieved) - not a suitable sanction for offenders who are mentally disabled

rehabilitation
1. programs available and prospects of rehabilitation
(achieved) - programs tailored to the offender’s needs, and if they are willing to participate, the programs can be effective in treating offenders
(not achieved) - imprisonment has negative effects on mental and physical wellbeing, so the offender may have difficulties and not improve
2. willing to participate
depending on an offender’s willingness
- not achieved if difficult to cooperate
- achieved if cooperating

Question 53

state factors considered in sentencing

Answer 53

aggravating factors
mitigating factors
guilty pleas
victim impact statement

Question 54

define aggravating factors

Answer 54

facts or circumstances about an offender or an offence that can lead to a more severe sentence

Question 55

list aggravating factors

Answer 55

• the use of violence, explosives or a weapon when committing the offence
• where the offending was planned or premeditated
• the nature and gravity of the offence
• any vulnerabilities of the victim
• the offender being motivated by hatred or prejudice against a group of people with common characteristics
• the offence taking place in front of children, or seen by them
• a breach of trust by the offender towards the victim (parent abused child or teacher committed a crime against a student)
• prior convictions of the offender
• the offence occurred while the offender was on a CCO, on parole or on bail

Question 56

define mitigating factors

Answer 56

facts or circumstances about an offender or an offence that can lead to a less severe sentence

Question 57

list mitigating factors

Answer 57

• the offender showed remorse (demonstrated through the offender’s conduct after the offence, such as cooperating with police, pleading guilty early or general behaviour at court hearings)
• the offender has no prior criminal history or is of good character
• the offender was acting under duress
• the offender has shown efforts towards rehabilitation while awaiting sentencing or has good prospects of rehabilitation
• the offender was under personal strain at the time or they have a unique background
• the effect that prison may have on the offender
• the injury or harm caused by the offence was not substantial, or there was no risk to any people
• the offender was young or had some disability that made them not fully aware of the consequences

Question 58

define guilty pleas

Answer 58

when the offender formally admits guilt, which is then considered by the court when sentencing

if an offender pleads guilty at the earliest possible opportunity, then a reduced sentence is almost guaranteed
- an early guilty plea saves time, money and resources and saves the state if there is no trial at all

if an offender pleads guilty during trial or is found guilty, an increased sentence is the likely result

Question 59

define victim impact statements

Answer 59

a statement filed with the court by a victim that is considered by the court when sentencing
- written to show the full impact of the offence on the victim and the personal circumstances of the victim
contains particulars of any injury, loss or damage suffered by the victim as a result of the offence

allows victims to have their say in the sentencing process
a victim may make the statement to the court if a person is found guilty of an offence
- must be filed before sentencing

Question 60

explain how costs of legal representation achieve/not achieve the principles of justice (access and equality)

Answer 60

access
not achieved
- although everyone has the right to legal representation, not everyone can afford it
- access can be difficult to achieve when the legal system is incredibly complex and difficult to navigate without a lawyer
- people are forced to represent themselves as they are unable to pay for a lawyer since they do not have the financial means to do so - not having the money to afford one restricts ones access to legal representation
- people don’t have enough information to make a reasoned decision (informed basis and are unable to properly understand the rights that one may have)

achieved
- measures to address costs of legal representation such as vla, clcs, pro bono, adjustments to trial processes and use of committal proceedings and plea negotiations to filter out weaker cases
- ways in which the accused can access information that can help them navigate the justice system and improve their understanding, helping them succeed in their case

equality
achieved
measures to address costs of legal representation
- vla, clcs, pro bono, adjustments to trial processes, use of committal proceedings and plea negotiations to filter out ‘weaker’ cases
- self represented accused people are not disadvantaged as they are assisted, rather than going against the prosecution who has expertise (giving them an advantage), while the self represented party lacks an understanding and finds it difficult to navigate the justice system - such as presenting their own case
- their understanding of the justice system is improved

not achieved
- those who cannot afford legal representation are forced to represent themselves, which puts them at a disadvantage since they will have to present their own case (court relies on parties to present their cases well to succeed and accused has lack of understanding of justice system, its processes etc), while the prosecution (is advantaged), who has expertise in presenting cases etc will be more successful

Question 61

explain how delays achieve/not achieve the principles of justice (access and fairness)

Answer 61

access
not achieved
- reduces the ability of individuals to engage in the legal system in a timely manner

achieved
measures to address delays
- use of plea negotiations: address delays faced by the courts, early guilty pleas to avoid trial (not having to gather evidence, locate or interview witnesses, determine what happened and decide on the charges which could cause delays)
- judge alone trials: empanelment of a jury, explaining legal terminology, processes etc to a jury slows down a trial and causes delays - this is avoided as the judge has expertise in the area of law and can efficiently conduct the trial without interruptions
- investment in digital technology: enables a trial/hearing to occur remotely rather than in person, which saves those from having to travel far or having to wait for a suitable time, resulting in delays

fairness
not achieved
- court delays extend the amount of time spent in court for both the parties and the court personnel - not allowing individuals to properly participate in the legal processes

achieved
- plea negotiations removes the need for a trial and therefore reduces the amount of time spent in court

Question 62

explain how language barriers achieve/not achieve the principles of justice (equality and access)

Answer 62

equality
achieved
- language barriers can be addressed through the use of free interpreters for the accused who can assist them in better understanding the legal jargon used as well as the processes occurring

not achieved
- as the language used in courts is often extremely complex and difficult to understand (even for those who are native English speakers), those who have insufficient knowledge of the english language may grapple with understanding their rights and the questions being asked of them
this places the individual at a significant disadvantage and (at worst) may lead to an undeserved sanction
miscommunication-> misunderstandings

access
achieved
- information provided both online and in-person from VLA and CLCs is provided in many different languages - allowing individuals to engage in the legal system on an informed basis
- the koori court enables greater access for first nations as they limit difficulties that they may face in court as they provide an informal setting etc
- information is provided in many different languages, allowing those to access such resources

not achieved
- interpreters vary from court to court
- those who cannot speak or understand english will have a hard time in navigating the criminal justice system, which disadvantages them as the prosecution has expertise and more knowledge about the case and the processes than the accused themselves
- those with language barrier can be disadvantaged as they are unfamiliar with the justice system

Question 63

distinguish between mitigating and aggravating factors

Answer 63

mitigating factors are facts or circumstances about an offender or an offence that can lead to a less severe sentence, whereas, aggravating factors are facts or circumstances about an offender or an offence that can lead to a more severe sentence

an example of a mitigating factor is the offender showed remorse, while an example of an aggravating factor is any vulnerabilities of the victim

Question 64

distinguish between specific deterrence and general deterrence

Answer 64

specific deterrence refers to imposing a sanction that is severe enough to deter or discourage a particular offender from re-offending in the future
in contrast, general deterrence
aims to discourage or deter other members of the community people from committing the same or similar offences because they can see the severe consequences of committing the crime

specific deterrence can be particularly relevant in cases where the offender has previous convictions and may be at risk of re-offending, whereas, general deterrence is particularly relevant in violent or serious offences, such as murder and sexual offences, where vulnerable members of the community are affected, or in relation to public, violent acts of crime

Question 65

fines achieve/not achieve purposes

Answer 65

punishment
financial circumstances of offender
the amount of the fine
whether the fine is paid/enforced

deterrence (specific and general)
financial circumstances of the offender
the amount of the fine
whether the fine is paid/enforced

denunciation
the nature of the offence and the fine imposed
harsh enough?

rehabilitation
fines are not effective in addressing underlying reasons for offending

protection
not focused on this, but could be achieved as offender is deterred from committing further or similar offence so society isnt harmed

Question 66

CCOs achieve/not achieve purposes

Answer 66

punishment
length of CCO
mandatory conditions imposed
- resentenced if breaching condition
- restricts offenders movements, depriving them from their liberty
the nature of the special conditions imposed
- more restrictions = burden

deterrence (specific and general)
length of CCO
mandatory conditions imposed
the nature of the special conditions imposed
- minimises risk of offender reoffending
the nature of the CCO
- harsh enough to show disapproval

denunciation
length of CCO
conditions impose d

rehabilitation
conditions imposed
- treatment that addresses underlying conditions

protection
whether offender is rehabilitated or deterred
special conditions imposed
- restricts movements more, community is safeguarded

Question 67

imprisonment achieve/not achieve purposes

Answer 67

punishment
length of prison term
- ultimate punishment, removed from society and deprived from liberty, no contact with outside world, employment risk

deterrence
length of prison term/sentence
long enough = harsh and discourages others

denunciation
length of the sentence
long enough = disapproval of criminal behaviour

rehabilitation
programs available
prospects of rehabilitation
length of sentence
- short prison term allows greater focus on rehab

protection
length of sentence
- society is not threatened by harm by offender as they are in prison
parole and high recidivism rates impact community protectio