YEAR 9 CIVICS & LEGAL

Intro to Law:
Criminal Law
 RESOURCE – Australian Citizenship Affirmation

The Affirmation
As an Australian citizen,
I affirm my loyalty to Australia and its people,
Whose democratic beliefs I share,
Whose rights and liberties I respect,
And whose laws I uphold and obey.
ACTIVITY – Living in Australia
RESOURCE – Affirmation and Anthem
 RESOURCE – Australian Values

Life In Australia: Australian Values and Principles

Extract from https://www.border.gov.au/LifeinAustralia/Documents/lia_english_full.pdf

Respect for the equal worth, dignity and freedom of the individual

All Australians are free and equal and are expected to treat each other with dignity and respect.
Australians reject the use of violence, intimidation or humiliation as ways of settling conflict in our
society.

Freedom of speech

All Australians are free, within the bounds of the law, to say or write what they think about Australian
governments or about any other subject or social issue as long as they do not endanger people, make
false allegations or obstruct the free speech of others.

The same applies to Australian newspapers, radio and television and other forms of media.
Australians are free to protest the actions of government and to campaign to change laws.

Freedom of speech allows people to express themselves and to discuss ideas. There are laws that
protect an individual’s good name against false information or lies. There are also laws against inciting
hatred against others because of their culture, ethnicity or background.

Freedom of religion and secular government

All Australians are free to follow any religion they choose, so long as its practices do not break any
Australian law. Australians are also free to not follow a religion. Religious intolerance is not acceptable in
Australian society.

Australia has a secular government – it does not have any official or state religion. Governments treat all
citizens as equal regardless of religion.

Religious laws have no legal status in Australia and only those laws enacted by parliament apply, for
example, in divorce matters. Some religious or cultural practices, such as bigamy (being married to more
than one person at the same time) are against the law in Australia.

Freedom of association

Subject to the law, Australians are free to gather together and to protest against the government or any
other organisation as long as the protest is peaceful and does not damage or injure any people or
property. The freedom to associate includes the freedom to join or not to join any organisation or group,
provided it is legal. Such organisations and groups include political parties, trade unions and social
groups.
Support for parliamentary democracy and the rule of law

Australia is a parliamentary democracy, which means that Australian citizens participate in how the
country is governed and how Australian society is represented. Governments are accountable to all
Australians. Elected parliaments are the only bodies able to make laws in Australia or delegate the
authority to make laws.

Everyone in Australia must obey laws established by governments. Equally, all Australians are protected
by the rule of law. This means that no–one is exempt from or ‘above the law’, even people who hold
positions of power, like politicians or the police.

Equality under the law

All Australians are equal under the law. This means that nobody should be treated differently from
anybody else because of their race, ethnicity or country of origin; because of their age, gender, marital
status or disability; or because of their political or religious beliefs. Government agencies and
independent courts must treat everyone fairly (including the police).

Being treated equally means that getting a job or being promoted must be on the basis of a person’s
skills, ability and experience, not their cultural background or political beliefs. It also means that people
cannot be refused service in a shop or hotel or other service facility because of their race, colour,
religion, gender or marital status.

Equality of men and women

Men and women have equal rights in Australia. Jobs and professions are open equally to women and
men. Men and women can serve in the military and both can also hold positions in government.

Equality of opportunity and a spirit of egalitarianism

Australians value equality of opportunity and what is often called a ‘fair go’. This means that what
someone achieves in life should be a product of their talents, work and effort rather than their birth or
favouritism.

Australians have a spirit of egalitarianism that embraces mutual respect, tolerance and fair play. This
does not mean that everyone is the same or that everybody has equal wealth or property. The aim is to
ensure there are no formal class distinctions in Australian society.

Peacefulness

Australians are proud of their peaceful society. They believe that change should occur by discussion,
peaceful persuasion and the democratic process. They reject violence as a way of changing peoples’
minds or the law.

In addition to these values, Australians also pursue the public-good and have compassion for those in
need. There is a strong community spirit in Australia and Australians seek to enhance and improve the
society in which they live.
Laws and social customs

Community behaviour in Australia is governed by a combination of formal laws and informal social
customs.

All people in Australia must obey the nation’s laws or face the possibility of criminal and civil prosecution
(even the police!). People are also expected to generally observe Australian social customs, habits and
practices even though they are not normally legally binding.
ACTIVITY – Australian Values Concept Map

Australian
Values
 ACTIVITY – Role Play Planning

THE PROBLEM

HOW THE PROBLEM AFFECTS THE COMMUNITY

SOLUTION 1: WE COULD DO THIS…. SOLUTION 2: WE COULD DO THIS….

THIS MIGHT HAPPEN… THIS MIGHT HAPPEN…

THE COMMUNITY WOULD FEEL… THE COMMUNITY WOULD FEEL…

INTERVENTION: THE SOLUTION WE CHOOSE IS…

CONCLUSION: WHY WE CHOSE THIS SOLUTION

 RESOURCE – Impact of Ice
What Is The Ice Problem?

In 2013, 8.3% of Australia’s population had been a victim of an illicit, drug-related incident such as verbal
and physical abuse.

The manufacturing of ice produces hazardous waste that poses immediate risks to partners and children
of ice users and manufacturers, local residents and emergency personnel.

There is significant domestic manufacture and importation of ice. More than 60% of Australia’s most
significant organised criminal groups are involved in the methylamphetamine market.

There appears to be an increase in the availability and use of methylamphetamine, in particular ice, in
regional, rural and disadvantaged communities – areas where the drug has not been previously
prevalent.

Crystal clear – the Ice Epidemic affecting the community and criminal justice system

Ice/crystal meth has become the most potent and dangerous drug on Australian streets and its effects
are being felt in hospitals, schools and, most particularly, in the criminal justice system. The effect that
this epidemic has had on violent and drug crime and, by extension, the prosecution of such offences is
nothing short of explosive and astonishing.

In its report on the crystal meth trade in Australia, the Australian Crime Commission labelled it the
‘highest risk to the Australian community and is of significant national concern’.

Since the epidemic began in 2013, the number of ambulance attendances for drug related injuries has
increased. Our community has also seen an increase in reports to child protection agencies since ice
became a serious problem. It is estimated that 1/3 of reports of child abuse and neglect involve the
drug, ice, and now a new demographic of middle class parents are attracting the attention of human
services departments. Middle class parents who were otherwise loving and attentive are becoming
neglectful and even abusive after taking up the drug.

Corrections officers and police are often, quite unfairly, placed in a position where they have to look
after high risk individuals suffering from withdrawal and the effects of the drug itself.

Community Impact from Methamphetamine

Sometimes people forget that methamphetamine hurts not only individuals, but families,
neighbourhoods and entire communities as well. You might not be using methamphetamine or know
anyone who is - but that doesn't mean it's not having an effect on you.

A methamphetamine lab can operate unnoticed in a neighbourhood for years, causing serious health
hazards to everyone around. Here are some ways that methamphetamine could find its way into your
life even if you or a family member doesn't use the drug:
Environmental Harm

For each pound of methamphetamine produced, five to six pounds of hazardous waste are generated,
posing immediate and long-term environmental health risks. The chemicals used to make
methamphetamine are toxic, and the lab operators routinely dump waste into streams, rivers, fields,
backyards and sewage systems, which can in turn contaminate water resources for humans and animals.

Also, the poisonous vapours produced during cooking permeate the halls and carpets of houses and
buildings, often making them uninhabitable. Cleaning up these sites requires specialized training and
costs an average of $2,000-$4,000 per site in funds that come out of the already-strained budgets of
state police, local police, or property owners. Property owners are often held liable for the cost of the
clean-up, so if rental landlords find that their tenant has been operating a methamphetamine lab on or
in their property, or if landowners find clandestine labs on their property, they could face devastating
financial issues.

Crime

Along with the selling of the drug, methamphetamine labs can breed crime, including burglaries, thefts
and even murder. Both teenagers and adults addicted to the drug and who have no income to pay for
their habit, may steal valuables from their own homes or even their friends' homes.

High on methamphetamine, there's no telling what a person would do if provoked - people have been
killed for not owing up to a drug payment or coming through on a transaction. This type of crime
requires a great deal of attention from the police, for which a town may not have the funding or the
resources to spare.

Children are at Risk

Hundreds of children are neglected every year after living with parents who are methamphetamine
"cooks." Children who reside in or near methamphetamine labs are at a great risk of being harmed in
such a toxic environment, due to the noxious fumes which can cause brain damage and the explosive
elements that go into making the drug.

Cooking methamphetamine is extremely dangerous, and labs often catch on fire and explode. A child
living inside could overdose from methamphetamine left out by parents, suffer from attachment
disorders or behavioural problems, be malnourished, physically or sexually abused and/or burned or
fatally injured from a fire or explosion.

Orphaned Children

Nationally, the number of foster care children has been rising rapidly in states that have been hit hard by
methamphetamine. Children are taken from their parents who may have been using or making
methamphetamine, and placed in foster homes, crowding an already overflowing system which has
limited resources.
It may become increasingly difficult to attract foster parents for these children because they often have
many behaviour problems. For example, they can't sleep at night since they are used to sleeping on a
floor and they often have not been toilet trained due to the neglectful nature of their upbringing.

Hepatitis, HIV, AIDS

While using methamphetamine, users can feel hypersexual and uninhibited, often forgetting to use
protection. Since methamphetamine can be administered intravenously, some users share dirty needles.
These acts can lead to the transmission of serious and deadly diseases, such as hepatitis, HIV and AIDS.

Hospitals and Burn Units

Methamphetamine production is a dangerous and illegal business that can take place in living spaces -
from kitchens to basements to hotel rooms to cars. The materials that are used to produce the drug are
toxic and often flammable and any mistakes can result in an explosion or injury not only to the
methamphetamine "cook", but their families as well. These chemical burns are tough to treat and are
extremely expensive. Care in these specialized units may be uncompensated, placing a great financial
strain on hospitals and state medical programs.

Treatment

Methamphetamine is a highly addictive drug and requires intense, long-term treatment. Sometimes
addicts don't live long enough to complete treatment. Recovery often consists of frequent backsliding
into methamphetamine use. Treatment costs may be uncompensated and can place a huge burden on
the state's medical program.

_______________________________________________________________________
 DOB IN A DEALER
With Australia having one of the highest rates of illegal drug use per capita in the world, the first
national Dob in a Dealer campaign in 2016 specifically targeted persons dealing and trafficking
in amphetamines, particularly crystal methamphetamine.

The campaign achieved an average increase of 95% in drug-related information reports to Crime
Stoppers, and a 143% increase in amphetamine-specific reports.

On the back of this success, a second national campaign ran from September 2018 until April
2019 and generated more than 47,000 Information Reports, representing a 65% increase in the
number of drug-specific Information Reports received. On this occasion, communities were
encouraged to provide information on the manufacture and supply of all forms of illicit drugs,
and campaign materials were also produced in a range of languages in order to tap into the
networks of the many culturally and linguistically diverse segments of the Australian
community.

Information provided to Crime Stoppers from the community gave police strong lines of enquiry
in relation to drug manufacturing labs, illegal importation activities and drug dealing syndicates
active in metropolitan, regional and rural locations right across the country.

ACTIVITY – Create your own Word Cloud to explain how the campaign appeals to people’s
emotions and encourages positive community action.

https://wordart.com/
RESOURCE – Digital Citizenship
RESOURCE – 9 Themes of Digital Citizenship
RULE OF WHAT I CURRENTLY DO WHAT I (SCHOOL) NEED TO DO
ENGAGEMENT
Commitment to Where do you access digital platforms?

equal digital
access.

What do you know about buying and selling

Effective users online as well as using banking?
and consumers
in digital
environments.

How and what do you share?

Appropriate
forms of
sharing and
communicating
information.

High level Do you know what is meant by fake news

and how to recognise it?
information
research skills
for digital
engagement.

RESOURCE – 9 Themes of Digital Citizenship

After reading the article Nine Elements, complete the table describing
what you currently do to engage with each of the elements and what you
would need to do as a future digital citizen. Some questions have been
provided to guide your answers.
RULE OF WHAT I CURRENTLY DO WHAT I (SCHOOL) NEED TO DO
ENGAGEMENT
Describe your behaviour on digital
Socially platforms.
appropriate
behaviour in
digital
environments.

Do you know about copyright, eg Creative

Abide by all Commons?
laws in digital
environments.

Do you have a person to go to when you

Understand and have online concerns?
respect
digital rights
and
responsibilities.

How much time do you spend online?

Maintain digital
health and
wellness.

How do you protect your identity?

Digital safety,
security of
information and
resources.
ACTIVITY – Australian Values and Digital Citizenship
 ACTIVITY – Digital Compass

Play ‘Digital Compass’ game https://www.digitalcompass.org

ACTIVITY – Online Threats

TASK: Use ACSC website and research each of the online threats.

https://www.cyber.gov.au/acsc/individuals-and-families/threats

Complete the following note taking exercise using the headings provided.

Main topic: Cyber threats to individuals and families

1. cryptomining

What is it?

What can you do?

2. data spill

What is it?

What can you do?

3. denial of service

What is it?
What can you do?

4. hacking

What is it?

What can you do?

5. identity theft

What is it?

What can you do?

6. malicious insiders

What is it?

What can you do?

7. malware

What is it?

What can you do?

8. phishing – scam emails

What is it?

What can you do?

9. ransomware

What is it?

What can you do?

10. scams

What is it?

What can you do?

 11. web shell malware

What is it?

What can you do?

RESOURCE – Cybercrime Law 1

Cybercrime offences are found in Commonwealth legislation within parts 10.7

and 10.8 of the Criminal Code Act 1995 and include:

 Computer intrusions (hacking)

 Unauthorised modification of data, including destruction of data
 Unauthorised impairment of electronic communications, including denial of
service attacks
 The creation and distribution of malicious software (for example, malware,
viruses, ransomware)
 Dishonestly obtaining or dealing in personal financial information.

Using a Carriage Service to Menace, Harass or Cause Offence is a crime under

Section 474.17 of the Criminal Code Act 1995 which carries a maximum penalty
of 3 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt
that:

1. You used a carriage service, and

2. You did so in a way that a reasonable person would regard as menacing,
harassing or offensive

A ‘carriage service’ is defined as:

‘a service for carrying communications by means of guided and/or unguided

electromagnetic energy’ which includes telephone calls, text messages and
internet transmissions, such as emails and the use of social media sites.

RESOURCE – Cybercrime Law 2

The Law on Computer Hacking and Misuse in

Queensland
Section 408E of the Criminal Code Act 1899 (Qld), which creates
the crime of computer hacking and misuse, provides that:

 Any individual who uses a restricted computer without the

computer’s controller permission commits an offence.
 If the person causes damage or intends to do so, the
individual commits a crime.
 Similarly, if the person gains a benefit or intends to gain one,
they also commit an offence.

There are offences for recording, distributing or threatening to

distribute an intimate image without consent. The offences are
located in sections 207A, 223, 227A, 227B, 229A, 229AA of
the Criminal Code Act 1899 (Qld).

ACTIVITY – Venn Diagram

 ACTIVITY – Cyberstalking

TASK:
1. Read RESOURCE – Cyberstalking
2. Read the law below and answer the questions
Criminal Code Act 1995 (Cth) Section 474.17 - Using a carriage service
to menace, harass or cause offence
(1) A person commits an offence if:
(a) the person uses a carriage service; and
(b) the person does so in a way (whether by the method of
use or the content of a communication, or both) that
reasonable persons would regard as being, in all the
circumstances, menacing, harassing or offensive.
Max Penalty: Imprisonment for 3 years

1. What are the facts of the case?

2. What is the relevant offence and what does the prosecution need
to prove? What are the elements of the offence?
3. Link the evidence to the elements
(a)

(b)

4. What is the maximum sentence?

5. What was his sentence and do you agree? Why/Why not?

 ACTIVITY – Who will you contact?

Who are you going to contact?

Assess the scenario and decide whether you would contact the Police or Crime Stoppers. Write
in the corresponding box why you have chosen your answer. If you have chosen the Police,
please list whether you would use the 131 444 or 000 phone number to do this.

Police Scenario Crime Stoppers

Talking about an illegal event that has
happened

Burglary

Car crash
 Drug deal

An emergency

Graffiti
Stolen goods
 RESOURCE – The Bystander Effect
Description
When there is an emergency, the more bystanders there are, the less likely it is that any of
them will actually help.
Pluralistic ignorance is where they assume nothing is wrong because nobody else looks
concerned.
Bystanders go through a five-step process, during each of which they can decide to do nothing.
 Notice the event (or in a hurry and not notice).
 Realize the emergency (or assume that as others are not acting, it is not an emergency).
 Assume responsibility (or assume that others will do this).
 Know what to do (or not)
 Act (or worry about danger, legislation, embarrassment, etc.)

Research
Latan and Darley sat a series of college students in a cubicle amongst a number of other
cubicles in which there were tapes of other students playing (the student thought they were real
people). One of the voices cries for help and makes sounds of severe choking. When the
student thought they were the only person there, 85% rushed to help. When they thought there
was one other person, this dropped to 65%. And when they thought there were four other
people, this dropped again to 31%.
They also faked epileptic seizures on the streets of New York and found that when there was
only one bystander, they were helped 85% of the time, but when there were five bystanders,
help came only in 30% of these trials.

Example
A famous case occurred in the early 1960, where Kitty Genovese was attacked and eventually
murdered over a 45 minute period during which 38 people witnessed the attack and did not lift
a finger to help in any way.
This was caused partially by social proof, whereby when people are uncertain, they look to
other people as to what to do. It can also be caused by people losing themselves in the crowd
and assuming a smaller share of the responsibility, expecting others to help in their stead.

36
So what?
Using it
If you want someone to do something, ask them specifically (by name) or make sure they
cannot assume that somebody else will do it. You can also set an example and ask for
collaboration.
Defending
If you think somebody else should be doing what you have been asked to do, question the
motives of the person asking you (even ask why they are not doing it themselves!).

37
ACTIVITY – The Bystander Effect

38
 ACTIVITY – Citizens Arrest

TASK: Read RESOURCE – Citizens Arrest and complete the questions below
1. What is a citizen’s arrest?

2. What are the factors to consider when making a citizen’s arrest?

3. What must you believe before you can make a citizen’s arrest? And what are your
responsibility once you have made the arrest?

39
4. When can force be used against the person being arrested by a citizen?

ACTIVITY – 3 Levels of Government 1

PEO.GOV.AU

Scenarios
Use these scenarios to help your students complete the Explore the three levels of
government classroom activity.

Centenary of Parliament moving to Canberra

More than 500 000 people will visit Australia’s capital to celebrate the centenary of the federal
Parliament’s move from Melbourne to Canberra. Celebrations will occur throughout the month of May,
and include visits by important dignitaries.

Commonwealth Heads of Government Meeting in Adelaide

The heads of the governments of the 16 nations that make up the Commonwealth will be meeting in
Adelaide. The meeting will also be attended by members of the royal family and, of course, a large
number of protestors.

40
Cyclone in the Northern Territory

A category 4 cyclone is just days away from the Northern Territory. It is going to hit Darwin, which has a
population of more than 100 000 people. The winds are strong enough to destroy buildings, and the
cyclone is likely to cause flooding across the city.

Bushfires in Tasmania

After a dry winter, a fire danger rating of ‘extreme’ has been declared across the state of Tasmania.
Weather conditions are hot and windy, meaning that the danger could be upgraded to ‘catastrophic’
very quickly. Small fires have broken out near St Helen’s (population 1500) and may spread.

Olympics in Perth

Perth has won the bid to host the next summer Olympic Games. Athletes will be coming from all over
the world to compete, and up to two million people may visit the city to watch the games over the five
weeks.

Explosions in Melbourne

A series of explosions has occurred in the city of Melbourne—the Victorian Parliament, Flinders Street
Station, and the Bourke Street Mall have all been targeted. People are panicking and the public
transport system has been shut down.

The Australian Defence Force (Army, State Emergency Customs officials

Navy, Air Force) Service
Road maintenance crews Immigration and visa Doctors and
staff nurses
Telstra Tourism operators Teachers

Police Forestry and fisheries Historians

rangers
Firefighters Trucks and truck drivers Farmers

Ambulances and paramedics Environmental scientists Miners

Tax officials Waste removal services Event

coordinators

41
Building inspectors Plumbers and sewerage Sign makers
experts
Construction crews Librarians RSPCA

Telephone operators Australia Post

ACTIVITY – 3 Levels of Government 2

ACTIVITY – 3 Levels of Government 3

PEO.GOV.AU
Three levels of government table

FEDERAL STATE LOCAL

42
 State Emergency Service
The Australian Defense
Plumbers and sewerage experts
Force (Army, Navy, Air Force)

Telstra Firefighters Librarians

Australian Federal Police Police Building inspectors

Immigration and visa staff Trucks and truck drivers Event coordinators

Customs officials Doctors and nurses Sign makers

Tax officials Road construction crews RSPCA

Australia Post Ambulances and paramedics Waste removal services

Telephone operators Teachers Construction crews

Historians Road maintenance crews

Forestry and fisheries rangers

Environmental scientists Miners

Farmers

Electrical grid workers

Tourism operators

43
ACTIVITY – 3 Levels of Government 4

44
RESOURCE – Making a Law

45
 ACTIVITY – Making a Law
Step 7

Step 6

Step 5

Step 4

Step 3

Step 2

Step 1

46
 ACTIVITY – Vote Compass

https://votecompass.abc.net.au/

ACTIVITY – Role of Police Poster

47
 ACTIVITY - Bail
1. Define Bail

2. Explain two reasons why a court may order that an accused person should be refused bail.
Can you think of any other reasons why a court should refuse bail?

3. Justify whether you believe the default position should be that everyone gets bail

48
 ACTIVITY – The Court System

1. Recreate the Court Hierarchy in Queensland slide in a Table

Trial NAME OF COURT Appeal

2. In 50 words, explain the difference between the role of the Magistrates Court and the High Court

3. In 50 words, explain how the court system in Queensland achieves justice and equity for citizens.
(Think about the presumption of innocence and the right to appeal)

49
RESOURCE – Principles of a Fair Trial

50
 ACTIVITY – Features of a Fair Trial Matching
TASK:
Match each of the ‘Features of a fair trial’ to the correct ‘Explanation’
on the following page

Features of a fair trial

1 The government is responsible for prosecutions.

2 There is a presumption of innocence.

3 Evidence is given under oath.

4 A jury makes the decision in serious criminal cases.

5 Witnesses with evidence must give it.

6 There is a right to challenge evidence.

7 The burden of proof is on the prosecution side.

8 The accused has a right to silence.

9 No previous convictions are relevant until after the verdict.*

10 There is a right of appeal in some circumstances.

11 Legal aid is available for the defendant.

* In some places previous convictions can be revealed during the presentation of evidence.

51
Explanation
a People have to swear that they are telling the truth. If they lie under oath, they commit a crime.

b People who have relevant evidence can be forced to give that evidence in court, or else they can be
charged with a crime themselves.

c If the person is found guilty and there was some problem with the way the trial was carried out then the
accused person might be able to go to a higher court to make a decision.

d The accused person does not have to give evidence in the witness box if they do not want to.

e The government has to bring the accused person to court to try to prove they are guilty.

f It is up to the state to prove that the accused person is guilty. The state has to bring the case to court
and provide proof.

g If the accused person cannot afford a lawyer to defend themselves, then the state may have to supply
a lawyer for them.

h The accused person does not have to prove they are innocent. It is up to the prosecution to prove that
the accused is guilty.

i Each side in the trial can ask questions about the evidence provided by witnesses from the other side.

j When there is a jury in a trial, the verdict of guilty or not guilty is made by the twelve jurors, not the
judge.

k A person’s previous convictions for a criminal act are not allowed to be revealed until after the person
has been found innocent or guilty in the case being heard.

52
RESOURCE – Presumption of Innocence

53
 ACTIVITY – Presumption of Innocence
1. Define the Presumption of Innocence

2. What are the 3 implications of the presumption of innocence?

54
 ACTIVITY – Fair Trial CASE STUDY

TASK:

Read the situation below and complete the questions that follow.

Situation

The law

The law of a particular State makes it a crime to break into a house with the intention of stealing goods
(burglary), and a further crime to actually take the goods (theft). Burglary carries a maximum penalty of 14
years in prison, and theft of goods worth more than $10,000 carries a maximum penalty of twelve 5 years
in prison.

The crime

‘Vera’ (the victim) came home from work one day to find her house had been broken into. The door had
been forced open by someone using tools. Jewellery worth $10,000 was missing. A neighbour described
a man seen near the house.

Later the same day ‘Dominic’ (the defendant) was stopped by police, because he fitted the neighbour’s
description. He was carrying tools. When questioned, Dominic admitted the tools were his but denied that
he had ever used them to break into a house.

Dominic was charged with burglary and also with the theft of jewels worth $10,000.

The trial

In court, ‘Pam’ (the prosecutor, funded by the government) produced evidence to show that Dominic’s
tools had traces of Vera’s door on them, and that his footprints matched those found at the house.
Dominic’s lawyer, funded through legal aid, questioned the witness who agreed that she had not clearly
seen the man and could not definitely identify Dominic as the man she saw. The police agreed that they
had not found the jewels or any money in Dominic’s possession.

Dominic’s lawyer questioned Vera who admitted that the jewels were covered by insurance and that she
would claim the $10,000 from her insurance company. She denied that she had hidden the jewels to
claim the money. The jewels were her great-great-grandmother’s and had been handed down for
generations. Pam questioned Vera’s daughter who said her mother had promised to hand on the jewels
to her.

Dominic gave evidence under oath that the tools were his, but that he had lent them to someone that day,
who had later returned them just before the police arrested him. He did not know the name of this person
- it was just somebody who had asked to borrow them, and whom Dominic was just trying to help out.

55
QUESTIONS:

1. Summarise the evidence for Dominic’s guilt.

2. How did Dominic’s lawyer try to raise doubts about that

evidence?

3. Identify which features of a fair trial are present. Alongside each

number list any aspects of Dominic’s trial that bear that feature.
For example, alongside 1 you would write that in Dominic’s trial
the government funded the prosecution lawyer and the police
who gathered evidence against the accused.

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4. Would you find Dominic guilty ‘beyond reasonable doubt’ of
both charges or guilty of one only or not guilty of either? Explain
your reasons.

5. Do you think that the jury would find Dominic not guilty of theft
if they had known about any prior convictions?

6. Do you think that it is right that prior convictions are not

revealed to the court until after the jury has decided whether the
accused person is guilty or not?

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 ACTIVITY - Should it be a crime?
Read each situation described below. Decide if it is more serious, less serious, or
not a crime. Then write the letter of each of the action where you think it should
go on this chart.

A. Alberto is a straight-A, 18-year-old senior who has a part-time job at a department store. As
part of his job, he has access to other people’s personal information. He sells that information
to save for his college education.
B. Ron and Latisha see their friend Alex break into and steal a car in the school parking lot. They
do not report what they saw to anyone.
C. A drunk high school student drives onto the sidewalk and kills a woman and her baby who
were walking there.
D. Rico leaves a local store with change for a $20 bill even though he gave the cashier a $10 bill.
E. The school principal, Ms. Jackson, tells a pregnant high school junior that she must take a
year off to “rest.” In truth, Ms. Jackson is worried that the student will set a bad example for
other students.

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F. The school science lab dumps toxic chemicals into a nearby stream. The chemicals have the
potential to poison people in the neighborhood. Extensive environmental damage has already
occurred.

ACTIVITY - The Vape Incident

Task:
Analyse the scenario below and decide whether you believe the that Steve is
guilty, and the appropriate sentence. Use the Guilty/Not Guilty on the next
page. Match the evidence in the scenario to the elements on the left hand side.

The Vape Incident

Steve works at Maccas but he’s always wanted to be an electrician – he’s also
really good with electronics. Being a very jealous person he noticed when Joe
showed up to work in a brand new Mercedes Benz the other week. Apparently,
Joe had invested heavily in DogeCoin (cryptocurrency) and had made a killing in
recent months.
Steve can’t take it anymore and devises a plan to get-back at Joe, who often
treats him poorly at work and humiliates him. Recently at work, after detecting
the faint smell of watermelon in the air, he noticed that Joe had just gone out the
back for a Vape. In fact, Steve realises that he does this regularly.
One night shift, Steve seizes the opportunity to steal Joe’s favourite Vape. He
takes it home and rigs up the wiring and battery inside to overheat. The next day
he returns it to Joe’s locker at work – Joe never notices it’s gone.
Break time comes, Joe ducks out the back as he usually does, pulls out the vape
and ‘bang!’ the vape explodes! Joe later dies of his severe burns.

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 The VAPE Incident - MURDER - Guilty/Not Guilty
Unlawful Homicide

Element 1 - Killing

Element 2 – a person

Element 3 – without lawful justification

Murder

Element 1 – with intention

OR

Element 2 – killing while prosecuting an

unlawful purpose

Manslaughter

Element 1 – an unlawful homicide that is not

murder

Guilty/Not Guilty?

Sentence?

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 MURDER - Guilty/Not Guilty
Unlawful Homicide

Element 1 - Killing

Element 2 – a person

Element 3 – without lawful justification

Murder

Element 1 – with intention

OR

Element 2 – killing while prosecuting an unlawful

purpose

Manslaughter

Element 1 – an unlawful homicide that is not

murder

Guilty/Not Guilty?

Sentence?

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 MURDER - Guilty/Not Guilty
Unlawful Homicide

Element 1 - Killing

Element 2 – a person

Element 3 – without lawful justification

Murder

Element 1 – with intention

OR

Element 2 – killing while prosecuting an unlawful

purpose

Manslaughter

Element 1 – an unlawful homicide that is not

murder

Guilty/Not Guilty?

Sentence?

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 MURDER - Guilty/Not Guilty
Unlawful Homicide

Element 1 - Killing

Element 2 – a person

Element 3 – without lawful justification

Murder

Element 1 – with intention

OR

Element 2 – killing while prosecuting an unlawful

purpose

Manslaughter

Element 1 – an unlawful homicide that is not

murder

Guilty/Not Guilty?

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 Sentence?

BURGLARY - Guilty/Not Guilty

Element 1 - Entering

Element 2 – Intention to commit indictable

(serious) offence

Guilty/Not Guilty?

Sentence?

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 GRIEVOUS BODILY HARM - Guilty/Not Guilty
Unlawful Homicide

Element 1 – Defendant caused the harm

Element 2 – injury must be serious enough to be

‘grievous bodily harm’

Element 3 – injury to another person

Element 4 – unlawfully (no lawful excuse)

Guilty/Not Guilty?

Sentence?

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 Case Note WORKSHEET

Who is the defendant?

Was there a weapon used in the attack?

What gender is the defendant?

Where is the case being heard?

How old is the defendant?

Did the defendant plead guilty or not guilty?

What did the defendant do?

Is there a victim? Were they injured?

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Did the defendant commit the offence alone?

SENTENCE?

Comprehending the Concepts WORKSHEET

IMPORTANT

Before we begin - open the Youth Justice Act using the link below:

https://www.legislation.qld.gov.au/view/pdf/inforce/2017-03-30/act-1992-044

Go to the contents page. The section numbers are on the left-hand side. You can click directly on the
section you want and it will take you there.

Question 1

The Youth Justice Act 1992 (Qld) (YJA) is the key legislation that guides the sentencing of children
(people under 18 years of age).

Go to Section 2. Summarise the principal objectives of this Act.

Question 2

When sentencing children, the judge has to consider Youth Justice Principles, which include:

• the community should be protected from offences

• young people should be held accountable and encouraged to accept responsibility for what
they have done

• consideration should be given to a child’s age, maturity and, where appropriate, cultural and
religious beliefs and practices

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 • the youth justice system should uphold the rights of children, keep them safe and promote
their physical and mental wellbeing

The Penalties and Sentences Act 1992 (Qld) outlines sentencing principles that judges must consider
when sentencing adults.

Go to section 150 of the YJA and identify where there is a similar sentencing principles that judges must
ALSO consider when deciding the appropriate sentence for a child. Complete the table below. The first
one is done for you.

Penalties and Sentences Act (ADULTS) Youth Justice Act (CHILDREN)

Sentences already imposed on the offender A sentence imposed on the child that has not
that have not been served, s 9(2)(l) been completed, s 150(1)(i).

The nature of the offence and how serious the

offence was including any physical, mental or
emotional harm done to a victim, s 9(2)(c)(i).

A sentence of imprisonment should only be

imposed as a last resort, s 9(2)(a)(i).

The offender’s character, age and intellectual

capacity, s 9(2)(c)(f).

The past record of the offender, s 9(3)(g)

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 RESTORATIVE JUSTICE WORKSHEET

TASK:
Watch the re-enactment of the restorative justice process.
Write down your observations about the benefits and limitations of this
approach.
Think about the:
 verbal responses and non-verbal body language displayed by both parties
 role of the facilitator
 emotional or physical impact of the conference process
 outcome of the conference

Benefits Limitations

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 Sketch the Court WORKSHEET

In terms of layout, Childrens Courts do not look very different to courts that sentence adult offenders.

While listening to the police prosecutor and defence speak: • sketch the layout of the courtroom in the
space below • identify the different people in the courtroom and where they sit • for the police
prosecutor and defence, draw a speech bubble and write down the different factors the court may take
into account when making a decision about the sentence Jessica should receive.

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 RESOURCE – The Australian Constitution

Australian Constitution
The Australian Constitution is the set of rules by which Australia is run. It came into effect on
1 January 1901. This fact sheet summarises the key features of the Constitution and how it can
be changed.

The Australian Constitution describes the composition, role and powers of the Australian
Parliament. It sets out how the Australian and state parliaments share the power to make
laws. It also details the roles of the executive government and the High Court of
Australia, and some of the rights of Australian citizens, such as the right to religious
freedom.

Features
The Australian Constitution is divided into 8 chapters and 128 sections. It sets out the
basis for Australia's federal system of governance, the key features of which include:

 an Australian Parliament and government, responsible for national decision-

making and law-making
 a bicameral Parliament, including the Queen (represented by the Governor-
General), the Senate and the House of Representatives
 6 state governments, responsible for state matters
 power-sharing arrangements between the Australian and state parliaments
 the High Court of Australia, which is the final court of appeal. The High Court
interprets the Constitution and decides its meaning, as well as settling disputes
between the Australian and state governments.

The Constitution does not cover all aspects of the governing of Australia. For example,
the Prime Minister and the Cabinet are not mentioned in the Constitution. The Prime
Minister and Cabinet operate by custom and tradition, similar to the British system from
which they came.

The Constitution does not detail many of the rights of the Australian people. Unlike the
Constitution of the United States, Australia's does not include a bill of rights. In Australia
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these rights are protected by common law (made by the courts) and statute law (written
law made by Parliament).

ACTIVITY – The Australian Constitution Poster

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 ACTIVITY – The Australian Constitution KAHOOT

RESOURCE – Voice To Parliament

The Uluru Statement from the Heart's call for an Aboriginal and Torres Strait Islander Voice to
Parliament is a fair and practical way to deliver meaningful constitutional recognition and reform.

A Voice to Parliament enshrined in the Constitution will give Aboriginal and Torres Strait Islander people
a say on the policies and laws that impact their lives.
A successful referendum to enable a Voice to Parliament in the Constitution will be a unifying moment in
Australian history, similar to the 1967 referendum.

A Voice to Parliament can deliver long-lasting systemic change and will reflect the diverse Aboriginal and
Torres Strait Islander cultures across Australia.

The constitutional protection for a Voice to Parliament is important as many Aboriginal and Torres Strait
Islander representative bodies have been created and abolished through changes in governments and
political priorities. An example of this was the abolition of the Aboriginal and Torres Strait Islander
Commission (ATSIC), which the responsible government minister later admitted was a mistake.
A Voice to Parliament has been supported by key legal figures across Australia, including two former
Chief Justices of the High Court of Australia, Murray Gleeson and Robert French. They both rejected the
idea that a Voice to Parliament would be a 'third chamber of Parliament', with Gleeson stating that a
Voice 'hardly seems revolutionary'.
Whilst the precise model for the Indigenous Voice to Parliament is still being developed, current
proposals suggest that it will be a representative body that will advise the parliament but will not veto or
block legislation.

A Voice to Parliament will ensure that the parliament and government is better and more appropriately
informed in its approach to Indigenous affairs policy and law-making. This will lead to better outcomes
for Indigenous people and more efficient use of government funds.

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A Voice to Parliament is a fair, safe and practical reform that will make a real difference for Aboriginal
and Torres Strait Islander people and make Australia a fairer, stronger country. It's time we made it
happen.

RESOURCE - Changing the Constitution – s128 Process

Step 1

Section 128 of the Constitution provides that any

proposed law to alter the Constitution must be passed by
an absolute majority in both Houses of the
Commonwealth Parliament.

Step 2

If passed by both Houses, it is submitted to a referendum

at least two months, but less than six months, after it has
been passed by Parliament.

Step 3

At the referendum the proposed alteration must be

approved by a 'double majority'. That is:

 a national majority of electors in the states and

territories
 a majority of electors in a majority of the states (i.e. at
least four out of six states).

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 ACTIVITY – s128 Process
Step 1

Step 2

Step 3

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