© ATOM 2017 A STUDY GUIDE BY MARGUERITE O’HARA

http://www.metromagazine.com.au

ISBN: 978-1-76061-055-5 http://theeducationshop.com.au “There’s nothing more real than what goes on in the courts” DEPUTY CHIEF MAGISTRATE CHRIS O’BRIEN

OVERVIEW

Legal programming is one of the last frontiers of factual television in Australia. There are few places where human drama plays out with as much intrigue as a courtroom. Here all our faults, foibles, misdemeanours and crimes are on display. How society deals with these and dispenses justice is a fundamental measure of civilised society — Michael Cordell, Executive Producer of Court Justice: Sydney and Producer of the ground-breaking 2011 series On Trial where criminal cases were filmed in courtrooms in Western Australia and New South Wales.

For the first time on Australian television, cameras are al- Twelve magistrates preside at Sydney’s Downing Centre, lowed inside Australia’s busiest local court complex - The handling over 30,000 cases every year, from minor traf- Downing Centre in Sydney where magistrates hear cases fic offences to major assaults. This series of 10 episodes in 34 courts. reveals what really goes on in the Magistrate’s Courts.

This observational documentary series gives viewers an The range of human stories is as broad as society itself. exclusive behind-the-scenes look into the daily dramas Defendants are rich and poor, young and old, serial offend- facing the magistrates as they hear all kinds of cases from ers and first timers. The only constant is that they are all drug matters and drink driving, to assault, theft, fraud and equal in front of the law, and when the magistrates pass vandalism. their final judgments, lives change forever.

CONTENT HYPERLINKS 3 CURRICULUM GUIDELINES 8 LEGAL LANGUAGE 4 GOING TO COURT 8 SENTENCING IN CRIMINAL CASES 5 DISCUSSION GUIDELINES 9 WATCHING THE EPISODES 5 SYNOPSIS 14 FACTS AND FIGURES

6 PRE-VIEWING QUESTIONS 15 AFTER VIEWING QUESTIONS FOR © ATOM 2017 DISCUSSION 6 BACKGROUND INFORMATION 16 REFERENCES AND RESOURCES 7 THE MAGISTRATES 2 CURRICULUM GUIDELINES

Court Justice Sydney would be a valuable resource for and engage in an analysis of the extent to which our legal secondary school students in Years 8 – 12 in a number of institutions are effective and our justice system achieves the learning areas. Equally, it would be a useful introduction to principles of justice. the court system for those interested in working in the legal profession in any capacity. The principles of justice are fairness (fair legal processes are in place, and all parties receive a fair hearing); equality Given the half hour format and the range and variety of the (all people treated equally before the law, with an equal op- cases shown, the episodes would be very accessible for portunity to present their case); and access (understanding secondary students, especially in the middle school, aged of legal rights and ability to pursue their case) 13 to 17. VCE Unit 3 looks closely at the court systems hierarchy and CIVICS AND CITIZENSHIP (PART OF THE how it works. HUMANITIES AND SOCIAL SCIENCES IN THE AUSTRALIAN CURRICULUM) – understanding the Accessing your own states Legal Studies courses at Years need for laws that apply to all citizens and people visiting 11 and 12 will show similar results with work units explor- Australia to ensure a society where obligations between ing the role of the State’s courts, including the Magistrate’s people are recognised and upheld by the law. Court.

Understanding that breaking the law can result in being PSYCHOLOGY – Developing an awareness of the ways charged with an offence and appearing at a court hear- in which people can find themselves in court as a result of ing where penalties can be imposed. These include fines, breaking laws. Understanding the ways in which appearing bonds, community service orders and imprisonment. in a court can affect people.

The Year 9 curriculum builds students’ understanding of VALUES – Understanding the role of magistrates and other Australia’s political system and how it enables change. legal officers responsible for ensuring that when laws are Students examine the ways political parties, interest broken, appropriate penalties are imposed that are par- groups, media and individuals influence government and ticular to each individual. There is no ‘one size fits all’ or decision- making processes. They investigate the features ‘crimes are only committed by other people’ view in the and principles of Australia’s court system, including its role court system. in applying and interpreting Australian law. Seeing what happens inside magistrates’ courts in an Specifically see ACHCK077 and ACHCK078 in the observational documentary provides a rare opportunity to Australian Curriculum develop some understanding of the principles and prac- tices of our legal system. These are real cases and real https://acaraweb.blob.core.windows.net/resources/ people – defendants, lawyers, police prosecutors and the Civics__Citizenship_-_Sequence_of_content.pdf magistrates who hear these cases and make decisions about appropriate penalties every day. LEGAL STUDIES – understanding the role of magistrates’ courts in the judicial system and the varied roles of those MEDIA STUDIES - Identifying different types of ‘factual’ who work there as well as the cases that are heard there. television.

Teachers could refer to their own states Legal Studies Developing an awareness of the differences between fac- or Law and Society courses offered at senior secondary tual television programs where cameras record proceedings levels. and outcomes, such as in Court Justice and the style of many reality television programs that use editing principally The following general statement about Legal Studies to build dramatic tension and determine outcomes and courses is from the VCE Victorian Legal Studies units 1, 2, responses. 3 and 4 outline for the course to be implemented in 2018. While all television programs are edited, it is important that VCE Legal Studies examines the institutions and principles students consider what the essential underlying editing which are essential to Australia’s legal system. Students process is designed to achieve. Students need to consider develop an understanding of the rule of law, law-makers, the ways in which the presence of cameras, whether fixed key legal institutions, rights protection in Australia, and rig as in Court Justice or hand held, may affect peoples’ the justice system. Through applying knowledge of legal behaviour in observational documentaries. concepts and principles to a range of actual and/or hypo- thetical scenarios, students develop their ability to use legal Crime dramas are amongst the most watched programs © ATOM 2017 reasoning to argue a case for or against a party in a civil or on television but they are most often fictionalised dramas criminal matter. They consider and evaluate recent and rec- focussing either on the defendants or the lawyers and their ommended reforms to the criminal and civil justice systems, lives outside the court. 3 GOING TO COURT

Attending the Magistrates Courts in Australia as an observer to observe such as how to refer to the magistrate and how is permitted, with some exceptions, so it is best to make in- to be respectful and polite during the hearings. quiries at the local court you would like to attend. There are https://www.magistratescourt.vic.gov.au/about-us/ protocols that anyone attending a court hearing is expected attending-court

Access to the Courts from the series Executive Producer Statement Michael Cordell 2017:

Court Justice has had a long and sometimes painful birth taxpayers, we have a fundamental right to observe justice according to Executive Producer Michael Cordell. ‘Getting in action. As long as filming in our courts doesn’t obstruct television access to our courts is one of the last frontiers justice and as long as the reporting is sober and accurate, of observational filmmaking in Australia’, according to the the doors should be wide open.’ Creative Director at production company CJZ. ‘We’ve seen a host of police shows, ambulance shows and the like, but Filming a series in the local court has been an ambition of we rarely get a chance to observe what happens in our Cordell for over a decade. It involved half-a-dozen false courts which are critical to the way society functions.’ starts and is the culmination of many years’ experience negotiating access agreements. Ever since Cop It Sweet Cordell has spent the last fifteen years building up an extraor- went to air on the ABC in 1992, access documentaries have dinary resume of documentary firsts in the court system. He become notoriously difficult, with most agencies dropping has filmed series in the NSW Coroner’s Court, the Victorian the shutters on anything that might be considered contro- Coroner’s Court, the District Court of NSW and the Supreme versial or politically damaging. Court of Western Australia. The ABC series On Trial also featured the first murder trial ever filmed in the country. ‘We salute Chief Magistrate Judge Graeme Henson and the NSW Justice Department for allowing us access to the ‘I’ve always believed in the famous adage that for justice Downing Centre for Court Justice’, says Cordell. ‘At a politi- to be done it must be seen to be done,’ says Cordell. ‘As a cal level the series was viewed as being very high risk and society, we are often oblivious to the important stories that the production almost fell over. But that risk was unfounded unfold in our courts. As a result, our perceptions of how the and overstated. I think the general public will be surprised courts work, their strengths and weaknesses are often quite and impressed by the way the magistrates’ courts operate’. misguided’. And just what is the appeal of watching a parade of offend- Cordell expresses mild frustration that the courts haven’t kept ers churn through our courts? pace with new media and technology. ‘It’s such an extraor- dinary anachronism that I can walk into any court as a print ‘It’s there but for the grace of God go I,’ says Cordell. ‘The lo- journalist and report what I like. But as soon as I lift a camera cal courts are full of ordinary people who have slipped up and to my shoulder there’s a fifty-page access agreement to be made bad decisions. They are cautionary tales about the im- negotiated with half-a-dozen different agencies.’ portance of trying to do the right thing. And what happens if © ATOM 2017 you don’t. Court Justice should be required viewing for every While he understands the caution, Cordell believes progress teenager in the country. This is the real university of life.’ is slowly being made. But there is still a long way to go. ‘As 4 Each episode runs for approximately 30 minutes. EPISODE 1: A violent street brawl, a stoush between neighbours and a graffiti charge.

EPISODE 2 – ALCOHOL FUELLED CRIMES: Backpackers who have attacked a café owner, a mortgage broker driving over-the- limit for a third time and a man urinating on a poker machine.

*EPISODE 3 – ALL WALKS OF LIFE: A drug addict in possession of cocaine, two disrespectful young guys found in a stolen car and a group of Christians protesting at the Prime Minister’s office.

*EPISODE 4 – THE LAST RESORT: A ‘king hit’ assault, a robbery and a man charged with DISCUSSION resisting arrest and urinating on a train when GUIDELINES drunk.

In discussing the cases shown in these EPISODE 5: An attack on a police officer at programs, students should be aware of Mardi Gras, a budding athlete found with guidelines that will lead to a valuable exchange of views: ‘ice’ and a drink-driving repeat offender.

1. Respect others and the reasons for EPISODE 6 – DRUGS: (drug offences account their decision making. for almost 20% of all cases heard in the 5. Develop an understanding of the range of penalties and punishments Magistrates Courts). A housewife and that magistrates can draw on when a a plumber appear before the courts on defendant is found guilty. serious charges related to drugs. Rehab or 6. Try to understand why individuals may reoffend. punishment? EPISODE 7 – REGULARS: (over half the defendants appearing in the Magistrates SYNOPSIS Court will re-offend within 10 years) Four

Court Justice Sydney was filmed at the Downing serial offenders appear at Downing Street Street Centre in Sydney over 6 weeks in 2016. It is broadcast on Foxtel. EPISODE 8 – DRINK DRIVING: In NSW 20,000 people are charged annually, often repeat This 10-part series was filmed in 2016 in Sydney. offenders. This guide looks closely at three episodes: Episode 3 – All Walks of Life, Episode 4 - The Last Resort EPISODE 9 – SELF-REPRESENTED: A young and Episode 10 - Judgement. driver, a homeless man and a law-abiding On the right is a brief summary of the range of grandmother decide to argue their case cases filmed in the courts over a six-week period without legal assistance. as they are shown in different episodes. Those with an asterisk are the episodes that are covered in *EPISODE 10 – JUDGEMENT: A young man this guide. If students have access to Foxtel Pay television or are able to watch episodes online after caught for a second time with cocaine, a © ATOM 2017 broadcast, they would further their understanding cabbie disputing his first traffic fine in twenty of how magistrates’ courts function through years and a man found with a crossbow watching the complete series. 5 PRE-VIEWING QUESTIONS

1. Have you ever attended a Magistrate’s Court in any capacity, as an observer or to support a family member or friend or as a witness? 2. Why do you think the judiciary has always been reluctant to allow television cameras into the courts? 3. How are individuals charged and being tried in the courts usually presented visually on BACKGROUND INFORMATION television, in newspapers and/or online? 4. Do you think not showing the face of an ac- It is important for all of us to have some basic understand- cused during a trial is a wise precaution until ing of how the legal system in Australia works. The more the trial is completed and sentence passed? you know how it works, the better you will be able to nego- What is the main reason for this protocol? tiate it if you or a family member or friend have to appear in 5. Imprisonment is very often ‘the last resort’ court, either to answer a charge or as a witness or friend. penalty of magistrates and judges when The most likely court you will appear in is the Magistrates someone is found guilty of a crime. Why do Court in the first instance. you think this is the case? 6. Crime and legal dramas such as Law and Most criminal and civil cases first enter the New South Order are amongst the most watched pro- Wales court system via the local court. The New South grams on television, whether based on true Wales Department of Justice administers the NSW Local crime or fictional stories. Why do you think Court. this is so? 7. If you watch crime and legal shows, identify (note: Magistrates Courts are sometimes referred to as what it is about such programs that you local courts, as there are courts in cities and towns all most enjoy. over Australia. Sometimes these courts are referred to as 8. In what ways might being charged with com- Circuit Courts as the court travels to remote areas with the mitting a crime be likely to disrupt your life Magistrate to hear local cases) and that of your family and friends? 9. Why do you think many people appearing in the Magistrate’s Court choose, (or are The local court has criminal and civil jurisdictions. It deals advised), to plead guilty to the offence with with: which they have been charged? 10. What options are available for individuals to • The majority of criminal and summary prosecutions in avoid the sometimes quite high financial cost New South Wales - it also conducts committal proceed- © ATOM 2017 of engaging a lawyer to act on their behalf at ings to determine whether or not indictable offences are a hearing, especially if they believe they are to be committed to the district and supreme courts. not guilty as charged? • Civil matters up to $100,000. 6 The local court also determines other applications THE MAGISTRATES such as apprehended violence orders and appeals relating to drivers’ licences. The local court has I’ve never had a problem disassociating my personal beliefs limited jurisdiction under the Family Law Act 1975 with my professional responsibilities. You leave them at the to hear and determine family law matters. The local court room door. The oath that you take when you’re sworn in court can deal with applications such as property as a member of the judiciary to do right to all manner of people, settlements and residence orders. without fear or favour, affection or ill-will applies every day that you walk through the door of that courtroom – Judge Graeme In some regional areas, the local court is also the Henson – Chief Magistrate Government Access Centre and provides services on behalf of other government agencies. The magistrates at the Downing Centre, Sydney who appear in this 10-part series speak about their roles in different episodes, Magistrates can also exercise special jurisdiction to offering insights and commentary on some of the cases we see hear specific cases. as well as their views about how they see their role as magis- trates dispensing justice. Every year in Australia over half a million peo- ple appear before the local courts according to Those magistrates whose names are highlighted in the follow- national figures compiled by the Australian Bureau ing list hear cases in episodes 3, 4 and 10 while some of the of Statistics. Almost half of the cases relate to others appear in some of the introductory material that begins traffic and vehicle regulatory offences. The next each episode. highest category are public order offences, gen- erally followed by acts intended to cause injury, Chief Magistrate of New South Wales dangerous or negligent acts endangering persons, His Honour Judge Graeme Henson followed by theft and related offences. Admitted to the Bar 1980 Admitted as a Solicitor 1986 The vast majority of these offences are found to be Solicitor for Public Prosecutions 1986-1988 proven guilty. Appointed as a Magistrate of the Local Courts August 1988 Appointed Deputy Chief Magistrate June 1994 Defendants found guilty are most likely to re- Appointed Chief Magistrate 26th August 2006 ceive community supervision, monetary orders or Appointed District Court Judge July 2010 good behaviour bonds. The exception is for robbery Member of Wollongong University Faculty of Law Committee and extortion, where defendants proven guilty are Member of Judicial Commission of New South Wales much more likely to receive a custodial sentence. Member Governing Council Judicial Conference of Australia Member of Australian Catholic University Faculty of Law Advisory Committee

The most recent ABS national figures re- Deputy Chief Magistrate Jane Mottley, sworn in 2000 late to the 2009/2010 calendar year. In that year there were a total of 545,657 offences Deputy Chief Magistrate Chris O’Brien, sworn in 2007 heard in Australia’s magistrates’ courts with 525,274 proven guilty and only 20,383 Magistrate Greg Grogin, sworn in 2010 acquitted. Magistrate Jaqueline Milledge, sworn in 1996

This is a guilty rate of more than 96%. Magistrate Janet Walquist, sworn in 1997

Of the 525,274 found guilty 46,445 received a Magistrate Joanne Keogh, sworn in 2000 custodial sentence with the majority of these jailed for acts intended to cause injury. In this Magistrate Megan Greenwood, sworn in 2010 category 11,967 people were sent to jail, which accounted for 25.7% of total custodial sen- Magistrate Susan McIntyre, sworn in 2008 tences for the year. • What qualifications and experience are required for some- Of the total people found guilty in that year, one to become a magistrate. Look at Chief Magistrate 91% received non-custodial orders. The high- Graeme Henson’s brief resume to see what working path he est rate of defendants who were sent to jail has followed to come to his current position. were those found guilty of robbery or extor- If you choose to research how to become a magistrate tion, of whom 63% were sent to jail. online be sure to include the words ‘in Australia’ in your © ATOM 2017 search terms as the role of magistrates in other countries varies enormously.

7 LEGAL LANGUAGE

It is important that students understand the difference in the work done by barristers and solicitors and the Prosecution and the Defence during a trial. Most students will probably have seen court cases on television dramas or in other films mostly from the USA, but the Australian legal system operates rather differently to that of the US. The Australian system is more like the British legal system in both processes and language, reflecting Australia’s colonial history. We do not generally use terms such as ‘perp’, attorneys, bail bondsmen, DAs, John or Jane Doe or highway patrol.

Prosecutor Define the words listed Defence lawyer on the right which are all Duty Solicitor relevant to Australian Legal Aid legal practice. Summary offences Affray . 05 The rule of law is Rule of Law the legal principle SENTENCING IN CRIMINAL that decisions by CASES government are made according to established principles Criminal sentencing options that the courts can give and that all citizens are subject to the law and equal include: before the law. It includes acceptance by govern- ment and the community that all executive action will be • custodial sentences or imprisonment constrained and adjudicated by an independent judiciary, • non-custodial alternatives, such as orders or bonds subject to due and proper processes. Embedded within the rule of law is the notion that people accept and follow, The New South Wales Local Court also has a number of but also change as needed, laws as agreed by the politi- programs that may be recommended by the magistrate to cal process and upheld by independent courts. address underlying causes of offending.

• How might citizens anticipate some laws being re- ++ Custodial sentences or imprisonment written in relation to an increase in particular types of crimes in their local community or the broader Imprisonment: People found guilty of serious offences community? may be sentenced to a period of imprisonment and held • How do the media, i.e. news bulletins, newspapers, in an adult correctional centre. In the children’s court, this current affairs programs such as A Current Affair, is called a control order and the young person is held in a Sunday Night, 4 Corners The Project, 60 Minutes juvenile detention centre. and many others present crimes and sentencing as a crucial part of their programs? Intensive correction order: Intensive correction orders • What kinds of criminal activities have led to calls for are imprisonment orders that are served under strict super- stricter laws concerning the granting of bail to people vision in the community. convicted of crimes involving violence? • Explain the difference between crimes against Home detention: Home detention requires that an of- property and crimes against people. Give some fender remains in his or her house for a certain period examples. of time. The person may be subject to supervision and • What is the difference between a burglary and an electronic monitoring. aggravated burglary? © ATOM 2017 • Would you agree that everyone is equal before the Non-custodial alternatives: These are some of the law, both as an ideal and in reality? penalties or orders that a court can make that do not involve imprisonment. 8 Community Service Order: A community service order requires an offender to perform unpaid work in the com- WATCHING THE EPISODES munity for a number of hours set by the court. Corrective Services NSW supervises community service orders. Use the 3 Viewing Charts on the following pages to make notes about each of the cases we see being Good Behaviour Bond: The court can make an order judged in each of the three episodes. There are directing an offender to agree to be of ‘good behaviour’ generally 3 cases heard in each half hour episode, for a set period of time. This is known as a good behaviour though not all are allocated equal; some cases are bond. ‘held over’ for the magistrate to consider further useful information about a defendant’s circum- Sometimes the person also has to comply with conditions, stances before passing judgement. such as getting drug or alcohol counselling. If the person complies with the bond, there is no further penalty at the There is a separate chart for each episode and set end of the period. If the bond is breached, the person can of featured cases. The names of each of the three be given an alternative sentence such as imprisonment. defendants, or groups, have been provided so that you can focus your attention on what goes on in the Driving disqualification:In driving offences, a court can courtroom as each case is heard. impose a driving disqualification period that prevents a person from driving for a period of time. Cases are allocated to various members of the 12 magistrates sitting at the Downing Centre. Several Fines or monetary orders: A fine or monetary order different magistrates preside over the cases fea- is a sum of money that has to be paid. Monetary orders tured in these episodes - 3, 4 and 10. While each include court costs, witness expenses, compensation and magistrate has their own style and approach, they professional costs. consider all the factors in each case before making a finding. On the Viewing Charts, the magistrate for Apprehended Violence Orders: An Apprehended one case has been identified. Use the list provided Violence Order (AVO) is an order that prohibits certain earlier in this guide to help you identify who is pre- behaviour for a period of time. Orders can include not to siding at each hearing. assault, harass or intimidate a protected person; not to contact a protected person, or not to attend premises If students are able to access the other episodes in where a protected person lives or works. Breaching an this series through Foxtel or after the broadcast on- © ATOM 2017 apprehended violence order can result in a person being line, they would greatly improve their understanding arrested and charged with an offence. of how our legal system operates.

9 ++ Close Viewing Episode 3, 00: 08: 01 - 11: 46

See Viewing Chart 1 for Episode 3 on page 10

• What is Jake Henderson charged with? • How is he pleading to this charge? • How convincing do you find his account of why he was in the warehouse at night with a number of tools? • What court privilege does Jake ignore when he tells the court that he had ‘bought some drugs as per usual’ that night? • How does the magistrate respond to this admission? • What does the defendant’s approach to defending himself in court suggest about the need for legal aid advice?

++ Close Viewing Episode 4, 00:09: 05 -12. 02 See Viewing Chart 2 for Episode 4 on page 11 ++ Close viewing Episode 10, 00:15:19 – 18:39

See Viewing Chart 3 for Episode 10 on page 12 • What is Phillip Rousianos charged with? • What was the community service order he was given at his last appearance at court? • What are the almost inevitable consequences for a • What is cabbie John Lloyd charged with and how defendant who re-appears in court after breaching an had he intended to plead? earlier order? • How does he plead and on whose advice? • What are some of Rousianos’s personal circumstances • What are the indications that he is very nervous that are likely to make a custodial sentence difficult for about being in court on a driving charge? him and his family? • What approach does Magistrate Walquist take to this • Why is ‘king hitting’ another person treated as such a hearing? serious offence in the courts and in society? • How well prepared was Lloyd to defend himself and • How do the punishments handed down in these three offer evidence of his driving record? cases demonstrate the magistrates’ flexibility in pass- • How does the resolution of this case shown at ing sentences that reflect each person’s circumstances the end of the episode show the capacity of the and chances of not re-offending? magistrate to be fair and flexible in dealing with Lloyd’s case? • What did you learn from this episode about having or not having professional legal assistance? • What are some of the pitfalls for defendants choosing to represent themselves in a court hearing? • Is a strong personal belief in the unfairness or injustice of the charge enough reason to ‘go it alone’ at a court hearing? © ATOM 2017

10 Viewing Chart 1 Episode 3 – All Walks of Life SITTING PRIOR LEGAL DEFENDANTS CHARGE/S VERDICT APPEAL RESULT MAGISTRATE CONVICTIONS REPRESENTATION

Judge Graeme Case 1 Henson, Chief 5 members Magistrate of a group protesting at the PMs office about detention of asylum seekers

Case 2 Jake Henderson

Case 3 Jake Mann and Stewart Mowatt © ATOM 2017

11 Viewing Chart 2 Episode 4 – The Last Resort

SITTING PRIOR LEGAL DEFENDANTS CHARGE/S VERDICT APPEAL RESULT MAGISTRATE CONVICTIONS REPRESENTATION Case 1 Julien Giradoz

Deputy Chief Case 2 Magistrate Chris Phillip O’Brien. Rousianos

Case 3 James Stuart © ATOM 2017

12 Viewing Chart 3 Episode 10 – Judgement SITTING PRIOR LEGAL DEFENDANTS CHARGE/S VERDICT APPEAL RESULT MAGISTRATE CONVICTIONS REPRESENTATION

Deputy Chief Case 1 Magistrate Jane Dylan Mottley Fricker

Case 2 Gary Hussey

Case 3 John Lloyd © ATOM 2017

13 FACTS AND FIGURES

(These figures are the most recent collated statistics about the Magistrates Courts)

++ Defendants found guilty Defendants adjudicated in the Magistrates’ Courts were most likely to be acquitted for Homicide (28%), Robbery In 2009 – 10, defendants proven guilty in the Magistrates’ and extortion (18%) and Sexual assault (16%). Courts predominantly received non-custodial orders (e.g. community supervision, monetary orders (fines), good be- The principal offences with the highest proportion of haviour bonds) (91%). The exception was for robbery and defendants proven guilty in the Magistrates’ Courts were extortion, where 63% of defendants proven guilty received Illicit drug offences (99%), Prohibited and regulated a custodial sentence. weapons and explosives offences (99%) and Dangerous or negligent acts endangering persons (98%). ++ Adjudicated defendants – principal offence: In the Magistrates’ Courts, Traffic and vehicle regulatory offences accounted for 43% of adjudicated male defend- Traffic and vehicle regulatory offences accounted for the ants and half (50%) of all female adjudicated defendants. greatest proportion (44%) of defendants adjudicated in the Magistrates’ Courts in 2009 –10. After Traffic and vehicle Public order offences accounted for 12% of male and 8% regulatory offences, the largest proportion of defend- of female adjudicated defendants, while Acts intended to ants were charged with Public order offences (11%), Acts cause injury accounted for 9% of male and 7% of female intended to cause injury (9%), Dangerous or negligent acts adjudicated defendants. Theft and Fraud and deception endangering persons (7%), Offences against justice pro- offences both had higher proportions of female adjudicated cedures, government security and government operations, defendants than male adjudicated defendants. Theft offenc- and Theft (both 6%). es comprised 8% of female and 5% of male adjudicated defendants, while Fraud and deception offences comprised Nationally, 96% of adjudicated defendants were proven 5% of female and 2% of male adjudicated defendants. guilty in the Magistrates’ Courts, while 4% were acquitted.

• What do these figures suggest about your chances of be to defend yourself against what you believe to be an being found not guilty in the Magistrates Court if you incorrect charge? have been charged with some of the most common offences, such as those involving illicit drugs, cars • Investigate the options for getting legal aid where you © ATOM 2017 and prohibited weapons? may not have to pay all the charges for a legal team to defend you in court. If you plead not guilty in a court, what could the costs 14 AFTER VIEWING QUESTIONS FOR DISCUSSION Students could be asked to choose one of the following questions to explore in more detail and either provide an oral report to fellow students or a written report.

1. What qualities do you think people who work in the legal professions – whether as barristers or solicitors or magistrates or judges – should be able to demon- strate? Should a high score in your final school exams (a necessary pre-requisite for gaining a place in a law school) be the most important pre-requisite for enter- ing this profession? What life experiences might help you in your work as a lawyer? these cases, e.g. Jake in Episode 3, James in Episode Describe the backgrounds of several of the magistrates 4, Dylan in Episode 10. Should an individual’s prob- appearing in these programs. What did Magistrate lems with different kinds of substance abuse be taken Greg Grogin do before he studied law and eventually in to consideration when deciding on an appropriate became a magistrate? sentence? How important is it for some people to be 2. Research the percentage of members of Australia’s offered rehabilitation as opposed to a custodial order Federal Parliament who have law degrees. What quali- or a fine? ties do politicians and lawyers need to demonstrate to 8. I have come out of this without a conviction but I be successful in their chosen professions? wouldn’t say it’s without punishment. Over the last ten 3. The court has an institutional role to provide fair access months financially it cost a fortune, all the time I’ve had to justice. To allow people to be heard, no matter their to take to come in and out of court. Everything else economic circumstances, their educational circum- and the stress and anxiety and everything else of it. It’s stances, their culture – Deputy Chief Magistrate Chris been, it’s been very punishing. But I certainly won’t be O’Brien. going anywhere near any drugs any time in the near Thinking about what you have seen in these programs, future. No. Dylan in Episode 10. do you believe the courts are able to fulfil this ideal of The magistrate hearing this case concerning posses- ‘justice for all, without fear or favour’? Support your sion of illegal drugs puts Dylan on a good behaviour opinion through reference to the episodes you have bond rather than convicting him of an offence. watched. While he recognises this as a very fair outcome, how Looking back at all the cases we have seen; do you has the whole business if going to court disrupted think all the defendants were treated fairly by the mag- Dylan and his family’s life? istrate determining penalties? What additional factors 9. From Cardinal George Pell to a motorist driving unli- do they need to be aware of when making their rulings? censed, all citizens charged with committing an offence 4. This is a court of law and not a court of conscience – appear in the Magistrate’s Court before their case is Chief Magistrate Judge Graeme Henson to the lawyer heard or referred to a higher court for more serious representing protesters who have been charged with matters. Does this program suggest that at least at the trespass. initial hearing in the Magistrate’s Court, everyone is Does the court take into account a person’s beliefs treated fairly by experienced men and women who do about unjust laws when making findings? the best they can under the circumstances and penal- 5. While the legal officers, including the magistrates and ties available to them? the lawyers appearing for clients, do not wear wigs, 10. Research shows confidence in the criminal justice what do they see as the value of robes, some formali- system is higher among people who understand how it ties and protocols demonstrating respect in the courts? works, and this program will give the community an in- How should a magistrate be addressed in court? sight into how magistrates make their decisions – Chief 6. Who are the uniformed officers who appear in the mag- Magistrate Judge Graeme Henson istrates’ courts, usually in the role of prosecutors or In what ways do you think the access given to the witnesses? What information do they need to present makers of Court Justice: Sydney will serve a useful to gain a conviction? purpose, as the Chief Magistrate believes? How do defendants already serving a custodial sen- Which aspects of the court process and the statistics tence appear before a magistrate from prison? provided in this guide surprised you? © ATOM 2017 How can a ‘duty solicitor’ assist someone who is un- Has this program given you insights into our legal sure of how to plead in the court? system that might encourage you to pursue a career in 7. Misuse of alcohol and drugs are factors in several of the legal world? 15 REFERENCES AND RESOURCES This site includes a virtual tour of the Melbourne Advice about attending court and what to expect Magistrates Court system offering useful https://www.magistratescourt.vic.gov.au/ tips to help people prepare for a court ap- about-us/attending-court pearance, as well as numerous links to other Who’s who in the court? topics covered in Legal Studies units at years https://www.courts.vic.gov.au/court-system/ 11 and 12. appearing-court/roles-court https://www.victorialawfoundation.org.au/ Read about the court system in Australia teacher-resource http://www.findlaw.com.au/faqs/1187/what- A clear account of the role of Magistrate’s courts are-the-different-courts-in-australia-and-how. in Queensland, though the principles and aspx processes are similar across all states. https://www.qld.gov.au/law/court/courts/ Marguerite O’Hara magistrates-court/about-magistrates-courts July 29th, 2017

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