Transport Accident Commission

Unit 1: Criminal Law in Action Area of Study 3: The criminal courtroom

Rationale

Students investigate procedures that are used to bring a criminal case to the County Court. This unit focuses on the concept of a fair trial or hearing and the rights in criminal proceedings. Students discuss the extent to which features of the criminal justice system contribute to the achievement of justice.

Outcome 3: Essay

Key knowledge Key skills Assessment tasks

 the distinction between  define key legal Note - Students will view summary offences and terminology and use it Connecting the Dots a indictable offences appropriately second time for this task.  reasons for a court  apply legal principles to hierarchy relevant issues in An essay on the Victorian  an overview of the criminal law Charter of Human Rights in criminal jurisdiction of  explain the need for a terms of how it relates to courts in the Victorian court hierarchy the Chaplin case. court hierarchy  identify the rights in  bail, remand and criminal proceedings The Chaplin case will be committal hearings guaranteed by the linked to the essay and  features of a fair trial Victorian Charter of preliminary focus questions and rights in criminal Rights and will assist students to link proceedings Responsibilities the prosecution of Chaplin guaranteed by the  explain the nature of with the legal processes Victorian Charter of the criminal courtroom observed in the case. Rights and  discuss the capacity of Responsibilities criminal processes to  overview of the achieve justice. adversarial nature of a criminal trial  role of court personnel.

Teaching strategies

 Distribute BLM 2 (or write the questions on the board where all can see them). The questions and this second viewing of Connecting the Dots should focus the students on the legal information provided in the DVD. Students could work individually or in pairs waiting for the answers in the DVD – you might like them to raise their hands when they have heard an answer and pause the DVD so they can write it down. If not all of the students found the answer, you could rewind a little and replay the relevant section.  After viewing, lead a discussion about the three factors that might have been considered by the judge in sentencing Brenton Chaplin. Let the students know that after the County Court hearing, the defence appealed to the Court of Appeal against the severity of the sentence imposed in this case. Give them some time to find out the outcome of this appeal hearing (you could provide printed notes to make this a quick activity, or give them time to complete an

VCE Legal Studies 1 Transport Accident Commission internet search). Ask them to focus their thoughts on the question - Do you agree with the comments of the appellate judges, Justices Maxwell and Neave?  After researching the appeal, ask for those who agree with the decision to stand in one corner of the room, disagree on another corner and ‘not sure’ in the middle of the room. Ask individual students in the corners to justify their positions. Students can move their positions if they change their minds based on comments of others. You can ask them to quickly explain why they decided to move.  Distribute BLM 3 - this covers study design materials that can be found in current legal studies textbooks. Students should complete an individual written response.

Two suggested follow-up activities

1. Students work individually or in pairs, preparing a 4-minute class presentation, a podcast or a webpage to explain the points from question 5 of the worksheet. The podcasts and webpages could be uploaded onto the school’s intranet or website. At the completion of the presentations, all notes should be submitted for assessment. 2. Students work individually or in pairs to produce an oral presentation, a podcast or a webpage, focusing on the Victorian Charter of Rights and Responsibilities. Student planning notes must also be submitted for assessment.

Assessment task

An essay should be completed in class time, over 100 minutes. The essay question could be given prior to the task and students could be permitted to bring 200 words of notes to assist them in their writing. The task could be spread over several lessons. An assessment sheet has been provided to guide students in their writing and assist teachers with their grading.

Essay (500 to 750 words)

‘The legal system worked effectively in the Brenton Chaplin case. His rights were upheld from the time he was charged with the offence of culpable driving causing death until his sentencing and appeal.’

Do you agree?

Websites www.lawhandbook.org.au/fact_sheets/ch04.php www.humanrightscommission.vic.gov.au

The Chaplin judgment can be seen at the following link: www.austlii.edu.au/au/cases/vic/VSCA/2010/145.html

VCE Legal Studies 2 Transport Accident Commission

BLM 2: Legal Studies 1.3 Worksheet - Connecting the Dots

From the DVD:

1. In which court was Brenton Chaplin’s case heard?

2. Brenton Chaplin was granted bail before his sentencing. What is the purpose of bail? In what ways does bail provide for the recognition of essential rights in legal process?

3. What plea was made by Brenton Chaplin in this case?

4. When this case proceeded to court, what legal processes and procedures occurred?

5. What was the maximum sentence given to Brenton Chaplin? What was the minimum sentence that was imposed?

VCE Legal Studies 3 Transport Accident Commission

BLM 3: Legal Studies 1.3 Worksheet - Connecting the Dots

1. Explain two key differences between summary offences and indictable offences.

2. Outline two reasons for the existence of a court hierarchy.

3. Outline the jurisdictions of the following courts:

a) Magistrates Court

b) County Court

c) Supreme Court

4. What are committal hearings? What is their purpose?

5. The features of a fair trial and key rights in criminal proceedings are guaranteed by the Victorian Charter of Rights and Responsibilities. Undertake research to discover the following, making notes on each of the following:

a) What is the Victorian Charter of Rights and Responsibilities?

b) In what ways is the Charter enforced?

c) In what ways does the Charter protect the rights of people who are appearing before the criminal courts?

d) Outline three ways in which the Victorian Charter of rights and Responsibilities would provide protection for both Brenton Chaplin and the Charter family in this case.

VCE Legal Studies 4