Assessment Task Notification

RICHMOND RIVER HIGH CAMPUS

Task Number 1 Task Name Crime Research Report

Course 12 Legal Studies Faculty HSIE

Teacher Mr Stevenson Head Teacher

Mr Selwood

Issue date 26/10/2019 Due date 10th December 2019 by 9.10am

Focus (Topic) Crime Task Weighting

25%

Outcomes

H1- identifies and applies legal concepts and terminology

H2- describes and explains key features of and the relationship between Australian and international law

H4- evaluates the effectiveness of the legal system in addressing issues

H6- assesses the nature of the interrelationship between the legal system and society

H7- evaluates the effectiveness of the law in achieving justice

H8- locates, selects, organises, synthesises and analyses legal information from a variety of sources including

legislation, cases, media, international instruments and documents

H9- communicates legal information using well-structured and logical arguments

Task description

You are required to review the case of R v Bayley 2013 (the Jill Meagher case).

Using your research of criminal justice system, including the stimulus materials provided for the Jill Meagher

case, you are to prepare a report addressing TWO areas which analyse the role of punishment in protecting

Australian communities. In your answer you will be required to address the following two specific questions

that cover these two areas:

PART ONE (10 marks) 600 word limit.

Discuss the factors affecting sentencing decisions, including purposes of punishment and the role of the

victim.

PART TWO (15 marks) 1000 word limit.

Evaluate the following statement by examining the implications of post-sentencing considerations, including

parole, in achieving justice.

“Research has shown that prisons often create institutionalisation or dependency, are a perfect

training ground for criminal activity, as well as a network base for meeting criminals and leave

children with no knowledge of basic life skills for reintegration into society.”

Source: Townsville Community Legal Centre http://www.alrc.gov.au/publications/20-

detention/rehabilitation-through-detention

ASSESSMENT CRITERIA:

In this task, you will be awarded marks for:

the accuracy in which you apply the case of R. v Bayley (2013),

the accurate integration of legal concepts and terminology,

your ability to succinctly present your ideas to the standards expected by the Board of

Studies directive terms such as discuss and evaluate,

the integration of the stimulus throughout part two,

making comprehensive use of relevant evidence to support your claims.

FURTHER INFORMATION:

1. Start by researching the case of R v Bayley 2013 by reading the article titled Jill Meagher’s

husband asks: Why was Adrian Ernest Bayley out? (see source 1)

2. Conduct further research into factors that affect sentencing and post sentencing issues (see

source 2)

3. Address the set questions. STIMULUS SOURCES: Source 1

Jill Meagher's husband asks: Why was Adrian Ernest Bayley out?

MATT JOHNSTON, ANTHONY DOWSLEY

SUNDAY HERALD SUN, JULY 20, 2013 9:30PM

Tom Meagher (left) has posted questions online to the Adult Parole Board asking why his wife Jill's killer was allowed to roam the streets. Source: News Limited

THE husband of murder victim Jill Meagher has put a series of searing questions to the Adult

Parole Board about why her killer Adrian Ernest Bayley had been allowed to roam the streets.

Tom Meagher has posted the questions online, asking what risk assessments the APB made on

Bayley and whether "bureaucratic constraints" played a role in its decision to allow the serial rapist

parole.

Bayley was on parole when he murdered Ms Meagher.

Mr Meagher joins Noelle Dickson, mother of murder victim Sarah Cafferkey, who has been seeking

answers from the State Government and APB as to what safeguards were in place when Steven

James Hunter - a convicted murderer - killed her daughter nine days after his parole expired.

Ms Dickson and other victims of crime called for the sacking of the board in the Herald Sun this

week.

Mr Meagher said on Facebook he initially received "no response" to his questions, and that it "took

an appeal to the police to get even an acknowledgment of receipt of my email".

Adult Parole Board general manager David Provan said Mr Meagher would receive a response.

"The email came through on Thursday and it was acknowledged," Mr Provan said.

"Mr Meagher was told that the Chair would be consulted and we would respond as soon as

possible."

In response to friends' support, Mr Meagher said: "Let's ensure they (APB) know that Jill Meagher's

life is not expendable."

Some of the questions posed by Mr Meagher included: "What kind of risk assessment process does

the parole board undertake when considering parole?"

"What indications of rehabilitation, specifically, did you see in Bayley when you decided to allow

him roam our streets?"

In his questions, Mr Meagher also asked whether electronic monitoring of parolees was possible,

and whether there is any weight given to prison overcrowding when analysing potential parolees.

Electronic monitoring of parolees is now possible, after law changes introduced by the Coalition,

but it wasn't possible at the time of Ms Meagher's murder. It is one of a raft of changes Ms Dickson

is seeking.

Johnston, M, Dowsley, A 2013, Jill Meagher’s husband asks: Why was Adrian Ernest Bayley out? Viewed 10/08/2013 http://www.heraldsun.com.au/news/law-order/jill-meaghers-husband-asks-why-was-adrian-ernest-bayley-out/story-fni0ffnk-1226682498374 Source 2

After the revelation that Adrian Bayley was on parole at the time he raped and killed Jill Meagher,

retired High Court Judge Ian Callinan produced a damning report which attacked the Victorian

parole system.

The Callinan Review recommended tighter controls on parole for serious violent and sexual

offenders. The review stated that public safety must be paramount. Crimes Victims

Support Association is calling for parole hearings to be made public.

Source: Callinan, I (2013), Review of the Parole System in Victoria, viewed 27/09/2013

https://assets.justice.vic.gov.au/corrections/resources/11ee85a1-67c5-4493-9d81-

1ce49941cce5/callinan_review_adultparoleboard.pdf

Marking Guidelines

PART ONE CRITERIA

MARK/ GRADE

Outstanding – Extensive knowledge, understanding and skills are displayed through a

response which:

Provides accurate and detailed arguments for and/or against factors that affect sentencing

decisions

Provides a detailed description of the role of the victim in sentencing decisions

Accurately integrates the given sources throughout the response

Makes comprehensive use of relevant cases, legislation, media reports, international

instruments and documents

Communicates an argument using relevant legal vocabulary

9-10

High – Thorough knowledge, understanding and skills are displayed through a response which:

Provides detailed arguments for and/or against factors that affect sentencing decisions

Provides a description of the role of the victim in sentencing decisions

Integrates the given sources in parts of the response

Makes use of relevant cases, legislation, media reports, international instruments and

documents

Uses appropriate legal vocabulary competently

7-8

Sound – Satisfactory knowledge, understanding and skills are displayed through a response

which:

Provides a basic judgment about some factors that affect sentencing decisions

Outlines the role of the victim in sentencing decisions

Makes reference to the given sources

Refers to relevant cases and/or legislation

Uses appropriate legal vocabulary

4-6

Basic – Elementary knowledge, understanding and skills are displayed through a response

which:

Makes general statements about factors that affect sentencing decisions

1-3

Makes limited reference to the role of the victim in sentencing decisions

Makes basic reference to the given sources

Makes basic reference to cases and legislation

Uses basic legal vocabulary

Late submission – no misadventure

Assessment not submitted

Parental

notification

PART TWO CRITERIA

MARK/ GRADE

Outstanding – Extensive knowledge, understanding and skills are displayed through a response

which:

Demonstrates extensive knowledge of the implications of post-sentencing considerations

in achieving justice

Makes an informed judgment as to the accuracy of the stimulus

Comprehensively evaluates and integrates the stimulus and given article throughout the

response

Makes comprehensive use of relevant cases, legislation, media reports, international

instruments and documents

Communicates an argument using relevant legal vocabulary

13-15

High – Thorough knowledge, understanding and skills are displayed through a response which:

Demonstrates sound knowledge of the implications of post-sentencing considerations in

achieving justice

Makes a sound judgment as to the accuracy of the stimulus

Evaluates and integrates the stimulus and given article in parts of the response

Makes use of relevant cases, legislation, media reports, international instruments and

documents

Uses appropriate legal vocabulary competently

9-12

Sound – Satisfactory knowledge, understanding and skills are displayed through a response

which:

Demonstrates some knowledge of the implications of post-sentencing considerations in

achieving justice

Makes some judgment as to the accuracy of the stimulus

Makes reference to the stimulus and/or given article

Refers to relevant cases and/or legislation

Uses appropriate legal vocabulary

5-8

Basic – Elementary knowledge, understanding and skills are displayed through a response

which:

Demonstrates basic knowledge of the implications of post-sentencing considerations in

achieving justice

1-4

Makes a basic judgment as to the accuracy of the stimulus

Makes basic reference to the stimulus or given article

Makes basic reference to cases and legislation

Uses basic legal vocabulary

Late submission – no misadventure

Assessment not submitted

Parental notification

TEACHER COMMENT: