VCE Legal Studies sample questions

Question 1

Which of the following is a purpose of a sanction that focuses on the offender rather than the wider community?

Accepted Answer

B. Specific deterrence

Question 2

Explain two factors that a court will consider when determining an appropriate sanction for an offender.

Accepted Answer

The court considers aggravating factors — circumstances that make the offence more serious, such as the use of a weapon, an offence committed against a vulnerable victim, or a breach of trust. These support a heavier sanction.

The court also considers mitigating factors — circumstances that reduce the offender's culpability, such as genuine remorse, a lack of prior convictions, or cooperation with police. These support a lighter sanction. An early guilty plea is a further consideration, as it spares witnesses from giving evidence and saves court resources.

Question 3

Casey was charged with a summary offence relating to drink driving. Identify the court that will hear the case and explain whether a jury will be involved.

Accepted Answer

A summary offence is heard in the Magistrates' Court, before a magistrate sitting alone. No jury is involved: juries are used in the County Court and Supreme Court for indictable offences where the accused has pleaded not guilty. The magistrate determines both whether the offence is proven and, if so, the sanction.

Question 4

Explain one strength and one weakness of the doctrine of precedent as a means of law-making.

Accepted Answer

A strength is consistency: like cases are decided alike, because lower courts are bound by the ratio decidendi of higher courts in the same hierarchy. This makes outcomes predictable, so parties and their lawyers can assess a case before litigating it.

A weakness is rigidity: a lower court is bound even where the precedent produces an unjust outcome in the circumstances before it, and the change must wait for an appeal to a higher court or for Parliament to legislate. Courts can only develop the law when a relevant case happens to come before them.

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