Here are the answers
1. Under the rule against double jeopardy as it applies in Victoria, a person who is acquitted of a criminal offence after a trial can not be re-prosecuted for that offence.
b) False. The common law rule against double jeopardy was reformed in Victoria in 2011. There are now some circumstances in which a previously acquitted person can be re-prosecuted for the same offence.
2. Borce Ristevski was recently sentenced for the murder of his wife; he received a sentence of
a) 9 years imprisonment with a non-parole period of 6 years. Listen to Justice Beale sentence Ristevski.
b) 12 years imprisonment with a non-parole period of 9 years.
c) 15 years imprisonment with a non-parole period of 12 years.
3. A person who is charged with murder in Victoria will have their trial take place in the
a) County Court. Trials of most of our serious criminal offences except treason, murder and some murder-related offences can take place in the County Court.
b) Supreme Court. Murder trials can only take place in the Supreme Court.
c) County Court or Supreme Court. As. Noted above, murder trials cannot take place in the County Court.
4. ‘Alibi’ evidence is evidence where the accused tries to prove that se/she was
a) in some other place at the time the alleged offense was committed. Read the suggested direction on alibi evidence for judges to give to juries in NSW.
b) with some particular people at the time the alleged offense was committed.
5. In most criminal trials the decision of the jury
a) Must be a unanimous verdict.
b) Can be by majority verdict (11 of 12, 10 of 11, or 9 of 10). Read s 46 of the Juries Act 2000 (Vic).
6. The highest court in the Victorian state court hierarchy is:
a) The Supreme Court. The Supreme Court is the highest court in the Victorian court hierarchy.
b) The County Court. The County Court sits below the Victorian Supreme Court and above the Magistrates’ Court in the Victorian state court hierarchy.
c) The High Court. The High Court of Australia is not part of the Victorian state court hierarchy but sits above all State and Territory courts.
7. In the financial year 2017-2018, the Magistrates’ Courts of Victoria imposed sentences or accepted criminal justice diversion plans in approximately:
a) 10,000 criminal cases.
b) 45,000criminal cases.
c) 67,000 criminal cases.
d) 97,000 criminal cases – Statistics provided by the Sentencing Council of Victoria indicate that 97,133 cases were sentenced or had criminal justice diversion plans in the Magistrates’ Court of Victoria in the financial year 2017-18.
8. Under ‘stop and search’ powers relating to weapons, Victoria Police can search a person in a designated area without having to have a reasonable suspicion that the person is carrying a weapon:
9. The current Chief Justice of Victoria is:
a) The Hon. Marilyn Warren. You are slightly out of date. The Honourable Marilyn Warren was Chief Justice of Victoria from 2003 until 2017.
b) The Hon. Anne Ferguson. The Honourable Anne Ferguson has been the Chief Justice of Victoria since October 2017.
c) The Hon. Peter Kidd. The Honourable Peter Kidd is Chief Judge of the County Court.
d) The Hon. Susan Kiefel AC. The Honourable Susan Kiefel is Chief Justice of the High Court of Australia.
10. The average sentence imposed for people convicted of manslaughter in Victoria from 2017 to 2018 was:
a) Imprisonment for 9 years. According to the Sentencing Council of Victoria, this is the highest average sentence for manslaughter for any year since 2013.
b) Imprisonment for 12 years and 4 months.
c) Imprisonment for 15 years and 6 months.
d) Imprisonment for 18 years and 8 months.
0-3: You have quite a way to go to become a Crime Buster! Finding out more about how our courts and criminal law work will help you to ‘get behind the news’ and become more informed about the workings of our criminal justice system. Studying law at Deakin University will help you to achieve that goal!
4-5: You are a potential Crime Buster! Sharpen your knowledge of the courts and the criminal law by studying law at Deakin University and you will become someone who knows a lot about our criminal justice system.
6-7: You are on the way to becoming a Crime Buster! Dig deeper – study law at Deakin University and find out more about the operation of the criminal law and criminal justice in Victoria and you will be well-informed about all things crime-related!
8-10: You are a Crime Buster! Your knowledge of the Victorian criminal justice system and criminal law is excellent. Come and study law at Deakin University and turn your knowledge into a career!