Question 1- Explain the role of Victorian Legal Aid.

(2 marks)

VLA is a government funded agency who help Victorians with legal matters such as providing legal
advice, legal information and help with legal representative such as duty lawyers. VLAs ensures
equal legal accesses to every Victorian regardless their personal circumstances.

Question 2 “Victoria, 14, is a witness to an indictable offence committed by Joey, who cannot afford
a lawyer. Victoria is the daughter of Joey’s victim, who was assaulted by Joey.”

a) Explain one reason why Victoria has the right to give evidence as a vulnerable witness. (3 marks)

by providing a certain protection to Victoria she is able to feel comfortable and therefore able to
give correct and reliable evidence against the accused which promotes fairness as it makes sure their
cases is not at disadvantaged.

b) Explain the role of one institution available to assist Joey. (3 marks)

CLC is an independent agency who aim to provide legal help to any induvial in a certain area such as
Generalist CLCs to help people living in certain locations. They provide legal advice and information
and in some occasional legal representative but In this case Joey is less likely able to access legal
representative since they are mostly for less serious offences.

Question 3 “Max, a hospital nurse, has been charged with an indictable offence. He has been
charged with negligently causing serious injury, after he accidentally wheeled a patient’s bed into a
stairwell, causing him to lose control of the bed. Due to this, the patient hit their head, and suffered
from an aneurysm, causing them to go into a comatose state. Max has pleaded guilty, claiming that
he wasn’t thinking clearly at work as his grandmother passed away a couple of days prior to his shift,
and he was struggling to concentrate at work.”

a) Identify and justify one mitigating factor, and the effect of Max’s guilty plea on this case. (3 marks)

since Max has had no previous conviction It would act as an mitigating factor since this is his first
time committing a crime it would more likely result in a less serious sentence. Max pleading guilty
can act as a migrating factor as it indicates rumours which can result in reduction of his sentence

b) Referring to the purposes of sanctions, justify one sanction that would be appropriate in this case.
(4 marks)

community correction order would be an appropriate sanction in this case since it acts as specific
deterrence, punishment, and rehabilitation. Since CCO would limit Max freedom it would punish
him, secondly it acts as a rehabilitation even though there is no need to underly the reason of the
offence he can still get help for his mental health since the incidence was most likely traumatic and
stressful for Max too. Lastly it can act as an specific deterrence since limiting Maxs freedom with
certain conditions such as curfew it might discourage max from reoffending or in this case making
the same mistake

c) Identify and explain two rights that Max has as an accused person in this case. (5 marks)

Max has the right to be tried without unreasonable delay this would mean that the entire process is
faster thus the witness not forgetting key information and making the evidence less reliable
therefore putting Max case at a disadvantage with stops fairness from being achieved. Another right
max has is the right to a trial by jury, since a jury is an independent part which puts aside personal
prejudice the verdict will be only based on the facts of the case which promotes equality since max is
treated fairly and equal as everyone else.

Question 4 “Lukas Nilsson, lead singer of ‘The Daffodils,’ a Swedish punk band currently touring
Australia, has been charged with the murder of band manager Lars Andersson. The two had an
argument over band finances at their hotel in Melbourne, after it was alleged that Lars was stealing
money from the band. This angered Lukas, as he is struggling financially after recklessly spending all
of his earnings. The trial is set to occur in the Victorian County Court, as victim Lars Andersson was
an Australian citizen. Lars was also the band’s translator, because Lukas and other band members
can only speak Swedish. This has made it difficult for Lukas to find legal representation, as he is
struggling to communicate with legal personnel. Lars Andersson’s wife Madison will be giving
evidence at the trial, but is frightened to do so, as Lukas has made threats to her in the past.”

(a) Evaluate two factors that affect the ability of the criminal justice system to achieve the principles
of justice in this case. (8 marks)

One factor that effect the ability of criminal justice to achieve the principles of justice is Cultural
factors, since Lukas does not speak English it is difficult for him to find a legal representative, this
gets in the way of fairness being achieved since his at a disadvantaged and dose not have the same
opportunity to defend his case and also without a legal representative he would not be able to have
access to certain legal information and more likely for him to not understand his rights. Although
Lukas is able to access an interpret who can help him due to his lack of English this promotes
equality since he will be at the same stepping foot as the prosecution since he is able to give clear
evidence and understand his legal rights but with interpret comes cost which is another factor that
effects the ability of the criminal justice system to achieve the principles of justice. Since Lukas is
struggling financially, he might not be able to afford legal representative or interprets which means
he is forced to self-represent which puts him hugely at a disadvantage due to his lack of both legal
knowledge and English this would act as a barrier for fairness being achieved since it means his case
is most likely not as strong as the prosecutions, but there are certain organisation such as VLA who
can help Lukas with legal advice, information or no cost/ low cost legal representative. In conclusion
cost and cultural factors affect the ability of the criminal justice system to achieve the principles of
justice.
(b) In your view, how could Madison best be protected through her rights as a victim? Justify and
explain your response. (6 marks)

I believe Madison could be protected to her right to be informed about the likely release date of
Lukas, this would help Madison prepare for his release which would reduces her stress levels also
she can be protected through her right to be informed about proceeding, such as courts hearing
dates, this could Madison feel comfortable since she is given key information to and not left in the
dark. Madison also has the right to give evidence as a vulnerable witness which ensures she is
treated as any other witness by being able to give evidence and feel comfortable whilst doing so.

(c) Evaluate how one recent reform has enhanced the ability of the criminal justice system to
achieve the principles of justice. (10 marks)

A recent reform is the Expansion of the koori system, this allowed the principle of access to be
achieved since there were koori courts being built in magistrates courts and in many more areas as
there were before allowing more indigenous people to access it as they have different traditional
laws and rules. Expansion of the koori courts also allowed many indigenous aboriginals who
experience discrimination in the legal system to be able to have a fair trial without any bias decision
made which would put their case in a disadvantage compare to other cases which would act as a
barrier form equality being achieved also they are able to understand the court process even if they
do not speak English since they are interpreters there who could help them which would put them in
the same level as the prosecution, the expansion also allows many indigenous aboriginal to present
their case without worrying about discrimination or the judge lack of knowledge of their costumes
which would make them more comparable and more likely to trust the system leading to them
accessing the legal system in the future, lastly the judges having more in depth knowledge on the
costumes would mean the sentencing would only be based on the facts on the case which promotes
fairness. In conclusion the expansion of the koori court has enhanced the ability of the criminal
justice system to achieve the principles of justice.