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Court Report 2020 (Amended)

**Watch the following video to answer the questions in Part Two**

Just Spaces Mock Trial – Excerpts: https://vimeo.com/110636037

The report has three parts. In Part One (Questions 1 to 5), you are asked to explain or describe some key concepts that are important to your understanding of criminal court processes. In Part Two (Questions 6 to 12), you are asked to describe and reflect on the criminal court hearing that you observed in the video. In Part Three (Question 13), you are asked to answer a problem-based question using the ISAAC model.

In your report, answer each of the following questions. Use the questions as sub-headings in your report (see the Information Sheet for further information). You must provide in-text citations for every answer and a reference list at the end of the court report.

Part One (15 marks):

1. What does the prosecution need to prove in the courtroom for a defendant to be convicted of a criminal offence?
(2 marks)

2. What are the differences between summary and indictable offences?
(3 marks)

3. What is a legal ‘defence’? Describe two common defences in criminal law.
(3 marks)

4. Explain the different courts that exist in your State or Territory’s court hierarchy.
(3 marks)

5. Briefly describe the following court hearings. What is the main purpose of each?

a. Summary Hearing
b. Committal Hearing
c. Jury Trial
d. Sentencing Hearing
(4 marks)

Part Two (25 marks):

6. What charge is being laid against the defendant? Is this a summary or indictable offence? How do you know this? (You only need to describe the charge; you are not required to identify a specific section of legislation.)
(2 marks)

7. For the defendant to be convicted of this offence, what would the members of the jury need to agree upon/be satisfied of?
(3 marks)

8. Identify who is present in the courtroom and briefly describe the role you observed them perform.
(3 marks)

9. Do you think that putting the accused in different seating positions (i.e. glass dock, regular dock, bar table) impacted on the fairness of the hearing?
(3 marks)

10. What evidence is available for the prosecution, and how would this be used to prove that the offence was committed?
(4 marks)

11. How is the defence lawyer arguing that the defendant is not guilty? Based on the information available, could any formal/exculpatory defences be raised to deny or limit his criminal responsibility?
(5 marks)

12. Define the concepts of due process and the rule of law. What evidence of these did you see in the video? Do you think the accused received a fair trial?
(5 marks)


Part Three (10 marks):

13. Using the ISAAC method, provide an analysis of the following courtroom evidence (taken as a whole) during the fictitious trial of defendant George Silver. You should identify two issues and include the relevant sections of the Act for each issue as per the ISAAC method. (5 marks each)

On 12 July 2018, Constables Davis, Right and Head were called to a rural property in the Gold Coast hinterland. The police had received a report that a 42-year-old woman, Helen Silver, and her two children had been found dead. When the officers arrived at the address, George Silver, Helen’s husband, was waiting at the front gate. While Constable Davis and Right secured the property, Senior Sergeant Head took George in the direction of the house which was some one hundred metres from the entrance to the property. They stopped at an open shed that was located just next to the house and went inside. Sergeant Head said to George ‘You belong to us now’. Without warning George to be careful of what he said, Head proceeded to ask George many questions about what had happened at the property. After listening to George’s answers, Head said he did not believe George’s story about the clothes that he had been wearing at the time of the alleged offence. He said to George several times ‘What did you do with the clothes?’ George, visibly distressed, gave different answers each time the Sergeant asked the question. Again, Head said he did not believe George’s story. George then confessed to having killed his wife and five children.