Legal Studies

‘Judge for Yourself’ - County Court Virtual Sentencing Activity – Yr. 12 Legal Studies

The challenges wrought by COVID 19 have impacted the operation of the courts. As our usual excursion to the County and Supreme Courts in Melbourne was not possible, our Year 12 Legal Studies students were invited to take part in a remote sentencing activity, run by a County Court Judge.

This exercise invited students to assume the role of a judge and determine a suitable sentence for an accused person. In this scenario the accused had pleaded guilty to a dangerous driving offence which resulted in the death of another person. The media regularly offers commentary on sentences given by judges in particular cases and our students experienced first-hand the challenges and complexities involved in the sentencing process.

Students were asked to reflect on what they had learned about sentencing from this exercise. Here are some of their responses:

One thing I have learned about sentencing from taking part in this activity ‘Judge for Yourself’ is:

that sentencing is incredibly complex and often involves dilemmas that must be carefully considered
that judges can be very lenient with their sentencing and can consider a wide array of factors prior to giving a sentence
that in rare cases, where imprisonment is typically required during sentencing, sometimes it does not have to be handed down as a sentence
how a judge thinks when taking into account mitigating and aggravating factors
how sentencing aims are actively applied to cases and sentencing
how all aspects of an offence must be taken into account for sentencing and the sentences should be different and change to be appropriate for the different circumstances

We look forward to our students being able to provide insight and engage in robust discussion about how our criminal justice system strives to provide justice for all.

Mrs Deb Wilkins

Yr. 12 Legal Studies Teacher