Economics And Business Educators NSW 2015 Annual .
Economics and Business Educators NSW2015 Annual ConferenceFriday 15 May 2015– Club Burwood RSLSession 5– 2014 Legal StudiesHSC Examination ReviewPresented byJoe Alvaro ( B.Ed.)joealvaro@hotmail.comPage 1 of 39Written and presented by Joe Alvaro at 2015 Economics and Business Educators NSWAnnual Conference – 15 May 2015
How popular was the NSW Board of Studies,Teaching and Educational StandardsLegal Studies course in 2014 ?15 most popular subjects - 20141.English70 2892.Mathematics58 1843.Biology17 3974.Business Studies16 3165.PDHPE*15 5726.Studies of Religion14 9497.Ancient History11 4148.Chemistry11 3059.Modern History10 49210.Legal Studies10 32211.Physics973912.Visual Arts948013.Hospitality836314.Community and Family Studies784915.Senior Science7072*Personal Development, Health and Physical EducationNote: These subjects include Life Skills enrolments where appropriate.In 2014 39% of students studying Legal Studies were males and 61% were females.From: 2014 Board of Studies, Teaching and Educational Standards NSW Official Media GuidePage 2 of 39Written and presented by Joe Alvaro at 2015 Economics and Business Educators NSWAnnual Conference – 15 May 2015
Students need to know the format of the HSC LegalStudies examinationStudents need to ask:When will I have to answer questions on a particular topic in the trial and HSCexaminations?One of the keys to success in any HSC subject is knowing the format of the HSCexamination which all students in NSW studying a particular subject will work with. Asstudents study each topic they need to ask themselves, “what type of questions(multiple choice?, short answer responses?, extended responses?) will I have to answerfor this topic and how many marks are they worth?”.The format of the Legal Studies HSC examination is as follows.Time allowed: 3 hours plus 5 minutes reading timeRe “reading time” - “ Highlighters may be used to highlight text ( but NOT duringreading time!) .”( From: “ Advice for HSC students about examinations” by BOSTES NSW)Section I: Core – Crime and Human Rights* 15 multiple choice questions on Crime (15 marks)* 5 multiple choice questions on Human Rights (5 marks)Section II: Core – Crime and Human Rights* Short answer questions on Human Rights (15 marks)* One extended response on Crime (15 marks)* Expected length: around 4 pages of an examination writing booklet( approximately 600 words)Section III: Options* One extended response on one option you have studied (25 marks)* One extended response on another option you have studied (25 marks)* Expected length: around 8 pages of an examination writing booklet( approximately 1000 words)Page 3 of 39Written and presented by Joe Alvaro at 2015 Economics and Business Educators NSWAnnual Conference – 15 May 2015
So students will needs to practice:- Lots of multiple choice and extended response questions for the Crime topic.- Lots of multiple choice questions and short answer questions for the Human Rightstopic.- Lots of extended response questions for the two options.Tell students to keep in mind that the trial HSC examination will follow the same formatas the HSC examination.Teach students strategies to answer multiplechoice questions* Lock in 20 marks by the end of Section I of theexamination by following these tips:1. Will you do this section first? Or leave it until later?2. Remember the topics that multiple choice questions are based on. Whichsection/s of the topic is the question based on?3. Carefully read the stem of the question. Read it more than once if you need to.Do not skim read it!4. Read all the alternatives carefully. The answer is there, you just have tochoose the right one!5. Usually there are two letters that are clearly wrong, one that is close tobeing correct and one that is the most correct answer. Read ALL of the choices.6. Eliminate obviously incorrect alternatives.7. If it looks as though more than one answer is correct, you will have to choosethe most correct/the best answer.8. Ask yourself why the letters you do not choose are not correct.9. Do not change your answer just because several of the previous answers were ofthe same letter. There may well be three Ds in a row.10. Some students rush the multiple choice questions in order to “buy time”for sections II and III. It is worth 20 marks, more than the Crime questionin Section II!11. Spend about a minute on each question.12. If you cannot do a question. Move on and come back to it later. Do not wastetime, there are 99 marks waiting for you!13. “Guesstimate” if you cannot find the correct answer. Do not leave a questionblank. You have a one in four chance of getting it right!14. Check the question number and make sure you select the letter that correspondsto the right question.Page 4 of 39Written and presented by Joe Alvaro at 2015 Economics and Business Educators NSWAnnual Conference – 15 May 2015
15. Follow the instructions from the BOSTES NSW if you make a mistakeand need to change an answer.16. Develop a code that you could use later if there is time to check your answers:E.g. C correctP pretty sure this is correct? had to guess from a 50/50 choice* total guess17. Do a quick scan of your answer sheet when you have finished, making sure eachquestion has been answered. Do not leave any out. You will not lose marks forincorrect answers.Students need to answer many multiplechoice questions – practice makes success! Past BOSTES HSC examination papers:- Answers in the “Marking Guidelines” document.- Only past papers from 2011, 2012, 2013 and 2014 are based on the currentsyllabus. EBE NSW Trial Legal Studies examinations- Make sure you have the 2011, 2012, 2013 and 2014 EBE NSW trial examinations.See EBE NSW website for more details. Online multiple choice heckpoints/hsc/quiz me/- ATTENTION: The online BOSTES HSC Legal Studies past examination multiplechoice questions are not based on the current syllabus.Page 5 of 39Written and presented by Joe Alvaro at 2015 Economics and Business Educators NSWAnnual Conference – 15 May 2015
BOSTES NSW announces changes to multiplechoice sections of examinations* From: BOSTES NSW website ( accessed on 12 May 2015)Friday, 27 March 2015Multiple-choice questions in HSC examinationsIn order to have a more valid and consistent approach across the multiple-choice sections ofexaminations, all examination committees have been asked to order the multiple-choicequestions according to the level of difficulty. Previously some examinations, like PDHPE andsome science examinations, were ordered according to HSC core modules.This means in the majority of HSC examinations, multiple choice questions will be orderedaccording to the level of difficulty, starting with easier questions and working up to morechallenging questions. There may be exceptions, for example when more than one questionrelates to the same stimulus text.For more information, contact:Helen BristowManager, Examining and Testinghelen.bristow@bostes.nsw.edu.au(02) 9367 8095Page 6 of 39Written and presented by Joe Alvaro at 2015 Economics and Business Educators NSWAnnual Conference – 15 May 2015
2014 BOSTES NSW HSC Legal Studies Examination- Multiple Choice QuestionsRAP – 2014 HSC M.C. Q.16* From the ICC website ( “Frequently asked questions”):What is the Rome Statute?On 17 July 1998, a conference of 160 States established the first treaty-based permanentinternational criminal court. The treaty adopted during that conference is known as the RomeStatute of the International Criminal Court. Among other things, it sets out the crimes fallingwithin the jurisdiction of the ICC, the rules of procedure and the mechanisms for States tocooperate with the ICC. The countries which have accepted these rules are known as StatesParties and are represented in the Assembly of States Parties.The Assembly of States Parties, which meets at least once a year, sets the general policies forthe administration of the Court and reviews its activities. During those meetings, the StatesParties review the activities of the working groups established by the States and any otherissues relevant to the ICC, discuss new projects and adopt the ICC’s annual budget.How many countries have ratified the Rome Statute?As of 1 April 2015, 123 countries are States Parties to the Rome Statute. Of these, 34 arefrom Africa, 19 from Asia-Pacific, 18 from Eastern Europe, 27 from Latin America and theCaribbean and 25 from Western European and North America.How does the ICC differ from other courts?The ICC is a permanent autonomous court, whereas the ad hoc tribunals for the formerYugoslavia and Rwanda, as well as other similar courts established within the framework ofthe United Nations to deal with specific situations only have a limited mandate andjurisdiction. The ICC, which tries individuals, is also different from the International Court ofJustice, which is the principal judicial organ of the United Nations for the settlement ofdisputes between States. The ad hoc tribunal for the former Yugoslavia and theInternational Court of Justice also have their seats in The Hague.Page 7 of 39Written and presented by Joe Alvaro at 2015 Economics and Business Educators NSWAnnual Conference – 15 May 2015
Is the ICC an office or agency of the United Nations?No. The ICC is an independent body whose mission is to try individuals for crimes within itsjurisdiction without the need for a special mandate from the United Nations. On 4 October2004, the ICC and the United Nations signed an agreement governing their institutionalrelationship.Which crimes fall within the jurisdiction of the ICC?The mandate of the Court is to try individuals rather than States, and to hold such personsaccountable for the most serious crimes of concern to the international community as awhole, namely the crime of genocide, war crimes, crimes against humanity, and the crime ofaggression, when the conditions for the exercise of the Court’s jurisdiction over the latterare fulfilled.* 2013 BOSTES NSW Marking Guidelines – Legal Studies Examination:For Question 23: “ How does the United Nations assist in protecting human rights?”Answers could include: Reference to the various organs of the UN and their role in protecting human rights, eg,General Assembly, Security Council, International Court of Justice, International CriminalCourtRAP – 2014 HSC M.C. Q.17New act:Crimes (Sentencing Procedure) Amendment (Family Member Victim Impact Statement) Act2014Evaluate: A positive step for victims with family. However victims with no family( e.g. homeless people or older single people) could end up with less rights in thisarea.Page 8 of 39Written and presented by Joe Alvaro at 2015 Economics and Business Educators NSWAnnual Conference – 15 May 2015
Can a Victim Impact Statement Affect the Outcome of myCase in Court?Posted October 29, 2014 by Ugur Nedim & filed under Criminal Law.( accessed on 12 May 2015)Sometimes during a serious criminal trial, the victim or their family members may want theirvoice to be heard in the courtroom, and in some circumstances they will be given anopportunity to do so.This takes place after a person has been convicted but before the Magistrate or Judge hasdetermined the sentence.This is known as a Victim Impact Statement (VIS).The rules for VIS’s are set out in sections 26 to 30A of the Crimes (Sentencing Procedure)Act 1999.A VIS is a voluntary statement written by either by the victim themselves (primary victim) orclose family members (family victim).Family members who are entitled to make a statement are: SpouseDe facto partnersA person who was engaged to be married to the victimGrandparent, parent, guardian or step-parentChild, grandchild, stepchild or child for whom the victim was the guardianSiblings (including half-sibling and step-siblings)A VIS cannot be handed up to the court if the victim objects to it.It must be made in writing but can also include photos, drawings or other images.If the court receives the victim impact statement, and it is in the proper form, the victim canread out all or part of it.When can a VIS be made?Not every victim of a crime is entitled to make a VIS.They are only allowed for certain types of offences including murder, assaults that involveactual physical bodily harm, or actual or threatened violence, and prescribed sexual offences.A VIS can also be made if the offence is one that carries a higher penalty if it causes thedeath of a person.Page 9 of 39Written and presented by Joe Alvaro at 2015 Economics and Business Educators NSWAnnual Conference – 15 May 2015
In some circumstances, the court has discretion on whether or not it is appropriate to hear avictim impact statement, but if the victim has died as a result of the crime, the court mustreceive the statement of a family victim and acknowledge it’s receipt.If a victim plans to write a statement, the court can make a copy available to the defendant,but the defendant will not be allowed to keep a copy.Statements can only be made in circumstances where a defendant is found guilty or pleadsguilty.What affect could a VIS have on the case?Since a VIS is given after a finding of guilt, it cannot affect whether or not the court finds adefendant guilty or not.But it can affect the penalty that is given.The impact of the offence on the victim and their family is a relevant consideration whendetermining the appropriate penalty.The harm done to the community is also one of the key principles of sentencing, accordingto s 3A of the Crimes (Sentencing Procedure) Act.However the attitude of the victim or their family in terms of forgiveness or a desire forretribution cannot be taken into effect.In other words, the harm caused can be considered, but their attitude either towards leniencyand forgiveness or revenge cannot be taken into account.Recent changes to the lawChanges in the laws earlier this year extended the categories of offences where a VIS can bemade.The changes followed of the tragic death of Thomas Kelly.During sentencing, the judge could not take into account the VIS made by Kelly’s parentswhen sentencing the offender, Kieran Loveridge.Kelly’s parents were devastated.Victim impact statements can be seen as controversial, as they could be construed aspromoting harsher punishments against defendants who murder people who have a familymember willing to make a statement, as opposed to victims that do not.This is contrary to the principle that all victims should be treated equally and that it is unfairto assess penalties based upon whether someone’s loved one speaks up for them, or indeedwhether a surviving victim speaks up themselves.The legislation specifically states the fact that a VIS is not made does not mean that the crimecaused little or no harm to the victim or their family.Page 10 of 39Written and presented by Joe Alvaro at 2015 Economics and Business Educators NSWAnnual Conference – 15 May 2015
If you are concerned about the impact that a VIS could have on your criminal case, speak toan experienced criminal lawyer.* ent-affect-the-outcome-.( accessed on 12 May 2015)RAP – 2014 HSC M.C. Q.10High Courtof Australiafinal court ofappealSupreme Court ofCriminal Appeal-hearsappeals from theSupreme CourtThe Supreme Court - serious indictableoffences, heard by judge and jury,appellate jurisdictionThe District Court - indictable offences (exceptmurder, treason, serious sexual assault,piracy andkidnapping), generally heard by judge andjury,appellate jurisdictionThe Local Court - summary hearings and committal hearings, nojuries, no appellate jurisdiction, today around 98% of all criminalcases are finalised in local courts.* From: Legal Aid NSW website ( accessed on 12 May 2015)Page 11 of 39Written and presented by Joe Alvaro at 2015 Economics and Business Educators NSWAnnual Conference – 15 May 2015
Are you facing a committal?What is a committal?If you are facing a committal, you have been charged with a serious offence, which is unlikely to be finalised in the LocalCourt. A committal is a hearing in the Local Court before the charge is heard in the District Court or Supreme Court.In the committal hearing a Magistrate decides whether the prosecution has enough evidence for your case to be committedfor trial, or sentence. If there is enough evidence and the case is serious enough, your case will be decided by a Judge and ajury in the District or Supreme Court.You do not have to enter a plea at the committal. However, if you plead guilty your matter will be committed for sentenceunless the prosecution decides that it can stay in the Local Court. If you plead not guilty or enter no plea your matter will becommitted for trial.If you have been granted legal aid for your committal, it is a condition of the grant of legal aid that your legal representativeattends a case conference. A case conference will give your representative and the prosecution the opportunity to work outwhether your case will proceed to a trial or become a sentence. The case conference will only be carried out when yoursolicitor has taken instructions from you. Your case will only be committed for sentence if you decide to plead guilty. If youplead not guilty or enter no plea when you appear at a trial in the District Court or Supreme Court, a jury will decide whetheror not you are guilty.If you are in doubt about the procedure, you should seek more advice from a solicitorIs legal aid available for committals?Yes. However, there are a number of conditions which apply to eligibility for legal aid. If you wish to apply for legal aid fora committal, you should lodge an application at the Legal Aid office nearest to you. Legal aid for committals is subject to ameans test. You may be required to pay a contribution. There are also limits on the extent of legal aid for committals.If your matter is not one for which legal aid is available, you can instruct and pay for a solicitor or barrister to appear foryou. Otherwise you will have to represent yourself.Committal proceedings can be difficult to conduct if you have no legal training. It is unwise to attempt to represent yourselfunless you are well prepared and have had legal advice.What happens at a committal hearing?You will be given a brief (a copy of the statements of the prosecution’s witnesses) before the committal hearing. TheMagistrate will set a date by which you must: be given the brief; andtell the prosecution whether you want any of their witnesses to give oral evidence at the committal and be available forquestioning by you or your representative. You do not have an automatic right to require prosecution witnesses toattend court and give oral evidence, and/or be available for cross-examination.If you want the witnesses to give oral evidence then you will need to apply to the court for them to attend the committalhearing. You or your representative will then be able to cross-examine them.Page 12 of 39Written and presented by Joe Alvaro at 2015 Economics and Business Educators NSWAnnual Conference – 15 May 2015
Depending on the offence you are charged with and the evidence to be given by the witness, you will need to convince theMagistrate that there are either substantial reasons or special reasons why the witness should be required to give oralevidence. No witnesses can be called to give oral evidence and be cross-examined unless the Magistrate is of the opinion thatthere are substantial reasons why, in the interests of justice, that witness should give oral evidence.If the offence involves violence, the alleged victim cannot be called to give oral evidence or be cross-examined unless theMagistrate thinks that there are special reasons why, in the interest of justice, the alleged victim should give oral evidence.The magistrate can also impose limits on the extent of the cross-examination of these witnesses. Otherwise thecommittal hearing will be dealt with as a pa
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