Unit 2 AOS 1

Question 1

Roles of Victoria Police in criminal law

Answer 1

serve the community & enforce the law to promote a safe, secure, orderly society, by:
- talk to victims/ witnesses about what happened
- question suspects
- look for evidence
- charge people with offences

Question 2

Aim of worksafe Victoria

Answer 2

• to ensure the health, safety and welfare of employees
• to monitor and enforce compliance with the occupational health and safety act and other statutes

Question 3

balance between institutional powers & individual rights in relation to arrest

Answer 3

• an individual can refuse to attend the police station unless they are under arrest. upholds a right to freedom of movement & right to liberty
• a person must be informed at the time of the arrest for the reason, and informed of any proceedings to be brought against them
• a person does not need to say anything other then provide their name and address
• a person must be released or brought before a bail justice within reasonable time of being taken into custody

Question 4

role of Victorian courts

Answer 4

• determine a criminal case, by deciding if the accused is guilty
• imposing a sanction if a person is guilty

Question 5

institutional powers

Answer 5

the authority given to bodies such as vic police to undertake certain actions

Question 6

jurisdiction

Answer 6

the power of a court to apply the law and hear legal cases

Question 7

original jurisdiction

Answer 7

the power of a court to hear a case for the first time (not an appeal)

Question 8

appellate jurisdiction

Answer 8

the power of a court to hear a case on appeal

Question 8

role of the criminal jury

Answer 8

• listen to all the evidence
• concentrate during the trial
• piece the evidence together and decide whether the accused is guilty or not

Question 8

types of sanctions

Answer 8

• fines
• community correction order (CCO)
• imprisonment

Question 9

fines (type of sanction)

Answer 9

• a sanction that requires the offender to pay an amount of money to the state
• expressed in penalty units, from 1-3000
• punish the offender, deter them from committing further crimes and deter the community

Question 10

community correction order (CCO)

Answer 10

• a sanction that allows an offender to remain in the community whilst serving the sanction
• requires them to comply with certain basic conditions as well as one ‘optional’ condition
• can be combined with fine or imprisonment
• can help to rehab offender & protect society

Question 11

imprisonment

Answer 11

• most serious sanction
• involves the removal of the offender from society and into a facility
• protects community & punishes offender
• acts as a deterrent
• rehab may not be achieved

Question 12

concurrent vs cumulative sentences

Answer 12

concurrent: served at the same time when the offender is guilty of more than 1 offence
cumulative: sentences which are served one after the other

Question 13

purposes of sanctions

Answer 13

• punishment: penalise offender, victim can seek retribution
• deterrence: general (discourage people) and specific (discourage offender)
• denunciation: court can demonstrate the community’s disapproval
• protection: safeguard community
• rehabilitation: reform an offender

Question 14

factors taken into account when sentencing

Answer 14

• current sentencing practices
• maximum penalty for the offence
• personal circumstances of victims
• presence of aggravating factors
• presence of mitigating factors

Question 15

factors that may reduce sentences

Answer 15

• nature and gravity of offence
• early guilty plea
• lack of prior offending
• mitigating factors (reduce seriousness of offence)
  > acting under duress
  > lack of injury/harm caused
  > prospects of rehab
  > personal strain the offender was under

Question 16

factors that may increase sentences

Answer 16

• nature and gravity of offence
• previous offending
• impact on the victim
• injury, loss or damage suffered by victim
• aggravating factors (increase seriousness of offence)
  > use of violence or explosives
  > offence taking place in front of kids
  > offender being motivated by hatred or prejudice
  > offender breaching trust

Question 17

therapeutic justice

Answer 17

a method used to deal with offenders in a way that addresses underlying health and personal issues of an offender and prevent reoffending
> drug and koori court

Question 18

where will appeals be heard?

Answer 18

appeals are heard in courts higher than the original jurisdiction
- county court: from mag court against a conviction or sentence
- supreme court (trial division): hears appeals from the mag court that are made on a question of law
- supreme court (court of appeal): hears appeals from county or supreme court and has no original jurisdiction.

Question 19

grounds for appeal

Answer 19

appeal against conviction: believed that the verdict was unreasonable based on the evidence
appeal against sentence: defendant believes that the sentence was too harsh or prosecution believes it was too light
appeal on a question of law: believed that the law was not applied correctly

Question 20

Principles of justice

Answer 20

fairness: having fair legal processes and a fair trial. eg.
right to silence, burden & standard of proof with the prosecution
equality: being treated equal before the law. eg. independent & impartial judge, not discriminated against
access: people. should be able to understand their legal rights & pursue cases. eg. access to legal representation, open hearing, both parties have the opportunity to present evidence