Unit 2 Exam Revision Questions

Question 1 (4 marks)

In addition to the courts, a range of institutions exist within Victoria to assist with the resolution of
civil disputes. Describe how one tribunal or complaints body can assist individuals with the
resolution of civil disputes in Victoria.

Question 2 (3 marks)

Explain the role of the Victorian courts in civil trials.

Question 3 (12 marks)

While Melissa and Lou have happily lived next door to one another for 10 years, their relationship
has become difficult over the last few months since it has become obvious that the roots of a large
gum tree located on Melissa’s property is causing damage to Lou’s swimming pool and surrounding
paving. Lou has repeatedly asked Melissa to have the gum tree removed but Melissa is unwilling to
do so. Lou has been advised by her local council that it would be best to try and resolve the dispute
using mediation or conciliation.

a. Compare mediation and conciliation as methods of dispute settlement. 4 marks

b. Discuss how resolving this dispute using mediation might achieve two principles of justice.
(8 marks)

Question 4 (16 marks)

In October 2018, a 26-year-old man was sentenced to 5 years’ imprisonment, with a minimum non-
parole period of 12 months, after pleading guilty to one count of culpable driving causing death. The
man was charged after he fell asleep while driving a motor vehicle and crashed into a tree. Tragically,
his 4-year-old daughter, who was a passenger in the car, died as a result of the collision. During
interviews, the accused told the police he had not had much sleep for three nights prior to the crash.
The accused was, and remains, extremely distressed about causing the death of his much loved
daughter and has suffered post-traumatic stress disorder and severe anxiety since the incident. In
fact, during the sentencing hearing, references were presented from his partner and professionals
from Child and Family Services confirming his devotion to his children. The court also heard that the
accused had been the victim of abuse, both in person and through social media, since the crash.
When passing sentence, the judge stated that had it not been for his guilty plea, the accused would
have been sentenced to 7 years’ imprisonment with a non-parole period of 5 years.

a. Describe the role of Victoria Police in this case. (2 marks)

b. Identify and describe the jurisdiction of the court that sentenced the accused in this case. (4
marks)
c. Other than the purposes of a sanction, identify two factors the judge would have
considered when determining the sanction in this case and describe the likely impact of
these factors on the sentence imposed. Your response must be based on the facts provided
in the case study. (4 marks)
d. Describe two likely purposes of the sanction imposed upon the accused in this case and
discuss the extent to which the sanction imposed could achieve each of these purposes. (6
marks)
Question 5 (8 marks)

Evaluate the strengths of Australia’s human rights protection.

Question 6 (4 marks)

Identify one institution, other than the courts, that provides an effective means of resolving civil
disputes that arise in Victoria. Justify your choice.

Question 7 (8 marks)

Discuss the extent to which express rights are an effective means of protecting the rights of people
in Australia. In your answer, refer to the case and at least one other example of an express right.

Question 8 (4 marks)
The following is an extract from the Crimes Act 1958 (Vic.).

CRIMES ACT 1958 – SECT 88

Handling stolen goods
S. 88(1) amended by No. 59/2004 s. 3.
(1) A person handles stolen goods if knowing or believing them to be stolen goods he
dishonestly receives the goods or brings them into Victoria, or dishonestly undertakes or assists
in bringing them into Victoria or in their retention, removal, disposal or realization by or for the
benefit of another person, or if he arranges to do so.
(2) A person guilty of handling stolen goods is guilty of an indictable offence and liable to
level 4 imprisonment (15 years maximum).

Jordan is a 22-year-old man who has been committed to stand trial after being charged with the
offence of handling stolen goods under Section 88 of the Crimes Act 1958. Jordan intends to
plead not guilty.

Identify and describe the jurisdiction of the court that will hear and determine Jordan’s case.

Question 9 (8 marks)

‘Alternative approaches to sentencing are an essential means of achieving justice in criminal

processes. Without these approaches, injustices would be likely to occur.’

a. Explain the processes used by one alternative approach to sentencing in Victoria, such as
the Drug Court or the Koori Court. 3 marks

b. Discuss the extent to which justice is enhanced by the use of the alternative approach to
sentencing you chose in your answer to part a. In your answer, refer to at least one of the
principles of justice. 5 marks

Question 10 (16 marks)

In February 2017, an offender pleaded guilty to one charge of aggravated burglary after gaining
entry to his victim’s house, by climbing over a fence and smashing the window of a bedroom
where she was sleeping, and then standing at the foot of her bed holding two weapons (a
hammer and a knife) above his head. According to the terrified victim, the offender appeared to
be angry, but after she pleaded with him he left the house minutes later without committing any
further offences.
During the sentencing hearing the court heard that since the incident the victim had experienced
continuing anger, anxiety and feelings of panic. She also continued to feel unsafe in her own
home. The court also heard that the offender, who is known to the victim, was in a highly
emotional state at the time of the incident, believing the victim had ‘rejected’ him romantically.
The offender also suffered profound hearing problems, which had led to social isolation and
having underdeveloped or poor coping skills. As a result, the judge accepted that the offender’s
moral culpability was, to a degree, reduced.

In his judgement, Judge Dyer said the following of the accused:

‘I accept that in relation to the offending the matters referred to by Mr Staios [a clinical
neuropsychologist] have to some degree reduced your moral culpability. I also accept, as put on
your behalf, the opinion that it is highly likely that a sentence of imprisonment will expose you
further to particular hardship, and I note Mr Staios's comment, "It is highly likely that the
offender will experience deterioration in his mental health and fall prey to dominant antisocial
peers".’

The offender was sentenced to 18 months’ imprisonment, with no minimum term, to be followed
by a two-year community correction order (CCO). As part of the CCO, the offender was required
to perform 200 hours of unpaid community work and receive appropriate mental health
treatment.
Reference: DPP v. Bowden [2017] VCC 133

a. With regard to the questioning of the accused in this case, outline one right that exists
under
Section 464A of the Crimes Act for a person who has been arrested and is in custody.
2 marks

b. Explain two purposes of the sanctions imposed in this case. 4 marks

c. Describe two other factors (that is, other than the purposes of a sanction) the judge would
have considered in sentencing the offender in this case. 4 marks

d. Discuss the extent to which a community correction order (CCO) would be a more
appropriate sanction than imprisonment in this case. 6 marks

Question 11 (17 marks)

William is a 52-year-old actor and theatre director, who also conducts workshops in schools. He
has a reputation of being a friendly and talented person, earning glowing praise across a 20-
year career. While directing the play, Cat on a Hot Tin Roof, one of the actors, Maggie, alleged
that William had attempted to kiss her after the opening night’s performance. Maggie made
these claims on a radio station, which has an estimated audience of 300 000 people.
There were no witnesses to this incident and three other actors in the production stated that on
the night in question, ‘Maggie seemed very happy’ and had been seen ‘chatting to William’ who
was with his wife, Mae. William decided to sue the radio station for damages. The amount of
damages was not specified initially but was expected to be in the range of $500 000 to
$1 000 000. His legal representative advised William that he should request a jury for the trial.
(Hypothetical scenario)

a. Outline one role of the judge in this case. 2 marks

b. Explain how the use of a jury in this case could contribute to the achievement of the
principle of fairness. 4 marks
c. Discuss the extent to which mediation would be an appropriate means of resolving this
 dispute. 5 marks
d. Assuming William is successful in this case, discuss the ability of an award of damages to
achieve its purpose. 6 marks

Question 12

While the Australian Constitution provides for the protection of rights and some states and
territories, including Victoria and Queensland, have their own Charter of Human Rights (or Bill of
Human Rights) to protect their residents, Australia does not have a national Charter of Rights.

Evaluate the extent to which the Australian Constitution provides for the protection of rights and
discuss one possible reform to improve the protection of rights in Australia.

Question 13 (4 marks)
Discuss the extent to which the principle of justice ‘equality’ could be achieved in resolving civil
disputes.

Question 14 (3 marks)
Explain the role of the jury in a civil trial.

Question 15 (2 marks)
Define each term below:
a. statute law
b. common law

Question 16 (4 marks)
Explain how international treaties and declarations protect rights of individuals in Australia.

Question 17 (6 marks)
Discuss two possible reforms to the protection of rights in Australia.

Question 18 (3 marks)
Describe the role of delegated bodies in Victoria, using an example.

Question 19 (6 marks)
Discuss the ability of sanctions to achieve two purposes of sanctions.

Question 20 (6 marks)
Discuss the ability of sanctions to achieve two purposes of sanctions.