2019 Legal Studies Written examination

Victorian Certificate of Education 2019

STUDENT NUMBER

SUPERVISOR TO ATTACH PROCESSING LABEL HERE

Letter

LEGAL STUDIES

Written examination

Tuesday 12 November 2019

Reading time: 2.00 pm to 2.15 pm (15 minutes) Writing time: 2.15 pm to 4.15 pm (2 hours)

QUESTION AND ANSWER BOOK

Section

A B

Structure of book

Number of questions

Number of questions to be answered

6

6

2

2

Number of marks

40 40 Total 80

? Students are permitted to bring into the examination room: pens, pencils, highlighters, erasers, sharpeners and rulers.

? Students are NOT permitted to bring into the examination room: blank sheets of paper and/or correction fluid/tape.

? No calculator is allowed in this examination.

Materials supplied ? Question and answer book of 26 pages ? Additional space is available at the end of the book if you need extra paper to complete an answer.

Instructions ? Write your student number in the space provided above on this page. ? All written responses must be in English.

Students are NOT permitted to bring mobile phones and/or any other unauthorised electronic devices into the examination room.

? VICTORIAN CURRICULUM AND ASSESSMENT AUTHORITY 2019

2019 LEGAL STUDIES EXAM

2

SECTION A

Instructions for Section A

Answer all questions in the spaces provided.

Question 1 (6 marks)

John has been charged with an indictable offence. He has pleaded not guilty. The victims are worried about giving evidence at the upcoming trial, which is expected to last for six weeks. John's lawyer has recommended that John should apply to the court for a sentence indication and consider pleading guilty.

a. Explain one reason why a sentence indication may not be appropriate in this case.

3 marks

SECTION A ? Question 1 ? continued

3

b. Describe one impact that a guilty plea may have on John's criminal case.

2019 LEGAL STUDIES EXAM

3 marks

SECTION A ? continued TURN OVER

2019 LEGAL STUDIES EXAM

4

Question 2 (4 marks) As at 1 July 2019, the composition of the Commonwealth Parliament was as follows.

Total Total

Senate

Gender

Age

Female

Male

Under 45

45 and over

Data not available

37

39

12

50

14

House of Representatives

Gender

Age

Female

Male

Under 45

45 and over

Data not available

46

105

25

106

20

Data: Parliament of Australia,

In your view, to what extent does the composition of the Commonwealth Parliament affect its ability to be representative in law-making? Justify your answer with reference to the table above.

SECTION A ? continued

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2019 LEGAL STUDIES EXAM

Question 3 (5 marks) Zena bought a second-hand dress for $300 for her Year 12 formal. She took it to her local dry-cleaning store, No Guarantees, to get it cleaned before the formal. When Zena went to pick up the dress four days later, she was told that the store did not have any record of her dress. No Guarantees has refused to answer Zena's calls or emails. Zena shared her story with a local newspaper and, since then, at least 12 other people have come forward with similar stories. Recently, Zena went past the store and noticed that it seemed to be permanently closed. Zena wants to claim the full cost of her dress from No Guarantees.

Discuss the appropriateness of the Victorian Civil and Administrative Tribunal (VCAT) in resolving the dispute between Zena and No Guarantees.

SECTION A ? continued TURN OVER

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6

Question 4 (5 marks) Section 51(xxix) of the Australian Constitution provides the Commonwealth Parliament with the power to make laws in relation to external affairs. In the High Court case of Koowarta v. Bjelke-Petersen (1982), then Chief Justice Gibbs stated: `... if s. 51(xxix) empowers the Parliament to legislate to give effect to every international agreement which the executive may choose to make, the Commonwealth would be able to acquire unlimited legislative power'.

Explain what the statement from the High Court means in relation to the external affairs power.

SECTION A ? continued

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2019 LEGAL STUDIES EXAM

Question 5 (10 marks)

In October 2018, the Victorian Law Reform Commission (VLRC) received terms of reference to review and report on Victoria's committal system. As part of this review, the VLRC will consider: `whether Victoria should maintain, abolish, replace or reform the present committal system [and] ... ways to minimise the need for victims and other vulnerable witnesses to give evidence multiple times'.

The VLRC is due to report back to the government in March 2020.

a. Referring to committal proceedings, justify one reason for the Victorian court hierarchy.

3 marks

SECTION A ? Question 5 ? continued TURN OVER

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8

b. Evaluate the ability of the VLRC to influence changes to the criminal justice system. In your

answer, refer to one recent example of the VLRC recommending law reform.

7 marks

SECTION A ? Question 5 ? continued

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