Elise's Favourite
What are the three principles of justice?
Fairness, Equality, and Access
Name one type of sanction used in Victoria.
Imprisonment, community correction order (CCO), fine.
What does ratio decidendi mean?
The legal reasoning for a decision (binding part of precedent).
What are the three types of powers in the Constitution?
Exclusive, Concurrent, and Residual powers.
Name one body that influences law reform in Victoria.
VLRC (Victorian Law Reform Commission).
Explain how delays in criminal trials can impact fairness and access.
Delays cause stress for victims and accused and reduce timely access to justice.
How does the principle of proportionality influence sentencing decisions?
The sentence must fit the crime and the punishment should not exceed the seriousness of the offence
What does stare decisis mean?
To stand by what has been decided.
Explain how the case Brislan (1935) impacted the division of powers.
The High Court expanded the Commonwealth’s power to include wireless transmissions under “postal, telegraphic, telephonic and other like services.”
What is a Royal Commission
A major public inquiry established by government.
Give one way that the principle of access is upheld in the Victorian legal system.
Examples: Legal Aid funding, community legal centres, interpreters, court accessibility.
Where can you find the purposes of sentencing in the Sentencing Act 1991 (Vic)?
Section 5(1) of the Act.
When a higher court decides a previous decision made by a lower court in a different case was wrong and creates a new precedent.
Overruling
Which section gives the High Court the power to interpret the Constitution?
Section 76.
Describe one method used by individuals to influence law reform.
Petitions, demonstrations, or using social media to raise awareness.
Explain how the presumption of innocence upholds the principle of fairness.
It ensures a person is treated as innocent until proven guilty, protecting them from unfair treatment or punishment.
Explain one factor considered by judges when sentencing an offender.
Aggravating factors, mitigating factors, guilty plea, victim impact statements.
If the Supreme Court of Victoria finds that the facts of a case are slightly different from a previous Supreme Court case, what can it do?
It can distinguish the case and create a new precedent.
What is Section 109 of the Constitution about?
It states that Commonwealth law overrides state law if they are inconsistent.
Why have Victoria’s bail laws been under review in recent years?
Concerns that they are too strict and disproportionately affect vulnerable people, especially women and First Nations people.
Evaluate whether the principles of justice are fully achieved in the criminal justice system.
They are upheld through processes like fair trials and legal representation, but limited by factors such as cost, delays, and lack of resources.
Evaluate the ability of fines to achieve their purposes.
Effective for deterrence and punishment when proportionate, but less effective for wealthy or repeat offenders.
When a higher court in the same case on appeal changes the decision of the lower court.
Provide and example.
Reversing
Evaluate how the High Court acts as a check on Commonwealth Parliament.
Through interpretation of the Constitution, the Court can limit Parliament’s law-making powers; however, it can only act when a case is brought before it.
What is one area of law or policy the Yoorrook Commission has focused on?
Child protection, criminal justice, land rights, or health inequality.