Famous Legal Cases Assessment 2024

• The assessment task is about famous legal cases and is scheduled for 2024.
• The reading time is 5 minutes, and the writing time is 55 minutes.
• Section A contains 12 questions and is worth 45 marks.
• Section B contains 1 question labelled a-h and is worth 20 marks.
• The total marks for the assessment are 65.
• Students can bring pens, pencils, highlighters, erasers, sharpeners, and rulers into the room.
• Blank sheets of paper and correction fluid/tape are not permitted in the room.
• Calculators are not allowed.
• A question and answer book is supplied and additional space is available at the end.
• Students must write their name on the provided space and answer in English.
• Mobile phones and unauthorized electronic devices are not allowed in the room.

Section A Key Topics

• Society needs laws for various reasons.
• Social cohesion is a key legal term.
• The difference between criminal and civil laws, with examples is important.
• Identify one aim of criminal law and one aim of civil law.
• The ranking of Victorian Courts from highest to lowest.
• The differences between a summary and an indictable offence, with examples.
• Cases need to be labelled as either criminal or civil, indicating which Victorian court would hear the case.
• Understand the roles of courts and parliament and how they differ.
• The presumption of innocence needs to be defined.
• Describe a positive and a negative aspect of the presumption of innocence in the Australian Justice System.
• The term 'bail' needs to be explained and in which court it is given.
• Distinctions between original and appellate jurisdiction.
• the burden of proof and standard of proof in a criminal case must be understood.
• Define mens rea and actus reus.

Section B: Davies v The Queen (2019) Case Study

• In 2017, a 38-year-old man was sentenced to 14 years and 6 months' imprisonment with a non-parole period of 12 years and 3 months after being found guilty of five counts of arson in 2011.
• The man deliberately set fire to a police station, two churches, a café, and a childcare center.
• The accused had committed more than 40 offenses since he was 18 and posted videos indicating his 'hatred for society'.
• The accused appealed to the Supreme Court of Appeal based on an excessive sentence and his autism spectrum disorder being a factor, but judges found that he was fully aware of his actions.
• The sentence was reduced to 12 years and 3 months imprisonment with a minimum non-parole period of 10 years and 3 months.
• Topics to be answered include describing the basic facts of the case.
• Identify who has the burden of proof and the standard of proof required.
• Consider whether a jury would have been used in the original hearing and the appeal.
• Determine which court heard the original case, why, and the original outcome.
• Distinguish between an offender and an accused.
• Identify the grounds on which the offender appealed.
• Give a reasoned opinion on whether the offender received an appropriate sanction in the Court of Appeal.
• Reflect on what it means for imprisonment to be considered a sanction of last resort.