BLB1101

-BLB1101 Australian Legal System in Context – Assessment 3
Due date
Part A Reflection
Part B Essay
Part C Legal Reasoning
All three parts are due on the Monday of Week 4 by 10pm
Word limit Total 2000 words (Part A 300 words, Part B 850 words, Part C 850 words)- (excluding footnotes and
bibliography) and a 10% leeway applies on all three parts of the assessment.
Total marks 50 marks = 50% of total marks for the unit (Part A + Part B + Part C)
Submission
requirements
Submit electronic copy Assignment 3 dropbox link on unit’s VU Collaborate space).
(Also read this Unit of Study Guide and the coversheet for warnings regarding collusion and plagiarism
and information about avoiding those behaviours.)
Late penalty
5% per day including any weekend days and public holidays. Where there is any question about
time of submission, the timing of the online submission will be used provided the file uploaded is in a
format readable by the examiner and the online marking system. Please note that the dropbox will
close 3 days after the due date and no submissions after this time will be marked
Referencing
requirements AGLC4 compliant footnotes and an AGLC compliant bibliography must be included.
ASSIGNMENT 3
PART A– Reflection
Task Reflection of Parliament visit & learning experience
Weighting 10%
Length 300 words (See details and assessment criteria sections below)
Relationship to other tasks and assessments:
Following that experience you prepared a short report as part of your learning activities. This report will be the starting
point for this task, your reflection.
Purpose of this assignment and ULOs assessed
The purpose of this assignment is to:
Experience first hand, the legislative arm of the government and where laws are made leading to a holistic,
integrated and stimulating approach to learning.
Facilitate reflection on the experience to make connections to learning and aspects of the discipline.
The unit learning outcomes assessed are:
Analyse the components of the Australian legal systems, and elaborate how these components intersect and
interact and how lawyers use these systems (LO1)
Communicate using appropriate professional legal language and express ideas and perspectives (LO2)
Situate and analyse Australian legal systems within the broader contemporary social and political contexts
(LO3)
Details
This assignment is based on your visit the Victorian Parliament. You would have undertaken this visit together with your
peers and your Lecturer. As you are aware, the parliament is the legislative arm of the government. Laws are made
here. This assessment is a short reflective account of how your visit contributed to your learning and contextualising of
the Australian legal system.
You are required to:
Attend Parliament on the advised date (if you are unable to attend, you may use recordings of past
presentations by Parliament staff to inform this Part A of your assignment).
Following the visit, complete a short reflection on your experience and connect it to your previous learning,
experiences and the unit content and future goals.
Assessment criteria
Your submission will be assessed based on the following key criteria:
 A succinct reflection written in the first person.
 Sound connections made between your visit and to your learning. Analyse how your visit to the parliament
contributed to your learning.
Submit an electronic copy via Assessment DropBox.
ASSIGNMENT 3
Highly
Proficient
(HD)
Proficient
(D)
Competent
(C)
Competent
(Just) (P)
Underdevelope
d (N)
Very
underdevelope
d (N)
Reflection
(2.5
marks)
 The
reflection is
an in-depth
and
succinct
analysis of
the
learning
experience
.
 The
reflection
is a good
analysis
the
learning
experienc
e.
 The
reflection is
a simple
analysis of
the learning
experience.
 The reflection
is an
underdevelop
ed analysis of
the learning
experience.
 The reflection is
a basic
description of
the learning
experience.
 No reference
made to the
learning
experience.
Connectio
n to unit
and
outside
experience
s (6 marks)
 Makes
connection
s between
the
experience
, unit
content
and past
learning
(eg.
previous
units, life
experience
s, future
goals)
 The
reflection
explains
the
learning
process
and
implication
s for future
learning.
 Makes
connection
s between
the
experienc
e to unit
content
and/or
learning.
 The
reflection
explains
the
learning
process.
 Makes
simple and
direct
connections
to unit
content
and/or
learning
 The
reflection
demonstrat
es some
thinking
about
learning.
 Makes limited
or minimum
connections to
unit content
and/or
learning.
 The reflection
mentions
some
learning.
 Makes
superficial or no
connection to
other learning or
experiences.
 The reflection
does not
address any
learning.
 Connections
made (if at all),
are irrelevant.
Writing
(1.5
marks)
 Writes in
the first
person.
 Writes with
clarity and
fluency and
is error-
free.
 Writes in
the first
person.
 Writes
with clarity
and is
virtually
error-free.
 Writes in
the first
person,
mostly.
 Writes
clearly and
generally
conveys
meaning.
 Sometimes
writes in the
first person.
 Writing
generally
conveys ideas
and may
include some
errors.
 Demonstrates
limited attempts
to write in the
first person.
 Writing
sometimes
impedes
meaning
because of
errors in usage.
 Writing is under-
developed,
impedes
meaning
because of
errors in usage.
ASSIGNMENT 3
PART B – Essay
Task Essay
Weighting 15%
Length 850 words (See details and assessment criteria sections below)
Relationship to other tasks and assessments
In Part B of the VCAT Assessment 2 you were required to write an essay. Use the feedback from that task when
preparing your response to this essay.
Purpose of this assignment and ULOs assessed
The purpose of this assignment is to:
Develop foundational skills in composing a structured essay.
Make connections between the legal system and social and political influences.
The unit learning outcomes assessed are:
Analyse the components of the Australian legal systems, and elaborate how these components intersect and
interact and how lawyers use these systems (LO1)
Communicate using appropriate professional legal language and express ideas and perspectives (LO2)
Situate and analyse Australian legal systems within the broader contemporary social and political contexts
(LO3)
Task
Critically discuss the following statement, using at least three examples (including cases and
legislation) to illustrate your arguments:
The Australian legal system provides both effective and efficient justice to all Australians.
ASSIGNMENT 3
Highly Proficient (HD) Proficient (D) Competent (C) Competent (Just) (P) Underdeveloped (N) Very Underdeveloped (N)
Analysis of
Essay topic
including social
and political
contexts
(9 marks)
 Analyses the essay
topic including
social and political
contexts which
impact the
Australian legal
system in a
succinct, logical and
sophisticated way,
articulating in-depth
personalised ideas
and perspectives
and citing relevant
evidence to support
views expressed;
 Adapts knowledge
and skills to provide
sophisticated
insights
 Demonstrates
meaningful insights;
well-reasoned;
achieves balance in
the way sources are
used;
 Analyses the essay
topic including social
and political contexts
which impact the
Australian legal
system in a succinct,
logical and
sophisticated way,
articulating in-depth
personalised ideas
and perspectives and
citing relevant
evidence to support
views expressed with
occasional gaps;
 Adapts knowledge
and skills to provide
sophisticated insights
 Demonstrates mostly
meaningful insights;
well-reasoned;
achieves balance in
the way sources are
used;
 Analyses the essay topic
including social and political
contexts which impact the
Australian legal system
adequately, acknowledging
different sides of the issue,
including own perspective;
evidence used is mostly
relevant but may not always
be used with understanding
and consistency; there are
gaps in reasoning;
 Sometimes demonstrates a
lack of balance in the way
sources are relied on;
findings are generally
competent but may have
some flaws and
inconsistencies;
 Recognises and reflects on
issues in the essay topic
 Analyses essay topic
including social and political
contexts which impact the
Australian legal system
adequately, acknowledging
different sides of the issue,
including own perspective;
evidence used is mostly
relevant but may not always
be used with understanding
and consistency; there are
significant gaps in
reasoning;
 Sometimes demonstrates a
lack of balance in the way
sources are relied on;
findings are generally
competent but may have
several flaws and
inconsistencies;
 Recognises and reflects on
issues in the essay topic to
an extent
 Fails to show real
understanding of the
essay topic and/or
including social and
political contexts
which impact the
Australian legal
system; presents only
one side of the issue;
hard to follow and
lacks conviction;
report relies on
unsubstantiated
claims and/or
demonstrates a lack of
balance and
consistency; major
elements are missing;
 Misses or raises only
superficially issues
relevant to the task
 Fails to show an
understanding of the
essay topic; presents
only one side of the
issue; hard to follow
and lacks conviction;
report relies on
unsubstantiated
claims; major
elements are
missing;
 Misses or raises only
superficially issues
relevant to the task
Use of sources
(2 marks)
 Demonstrates
excellent legal
research skills in
context by using
sources in a mature
and persuasive
discussion of the
topic; chooses
relevant authorities
and sources and
links them to the
topic and each other
in a mature and
considered way,
 Demonstrates legal
research skills in
context by using
sources in a mature
and persuasive
discussion of the
topic; chooses
relevant authorities
and sources and
mostly links them to
the topic and each
other in a mature and
considered way,
explaining how and
 Demonstrates legal
research skills that are at an
acceptable level and that
utilise sources in a
competent discussion of the
topic.
 Alternatively/additionally,
writer does not always
clearly explain how and why
authorities and other
sources are relevant.
 Demonstrates legal
research skills that are at
just an acceptable level for
an introduction unit
 Alternatively/additionally,
writer does not always
clearly explain how and why
authorities and other
sources are relevant.
 Demonstrates poor
legal research skills in
choice of sources or in
the way that they are
utilised in discussion
of the topic.
 A tendency to rely
totally on personal
opinion, with writing
unsupported by
reference to
appropriate sources.
 A tendency to rely
totally on personal
opinion, with writing
unsupported by
reference to
appropriate sources.
ASSIGNMENT 3
explaining exactly
how and why each
source contributes
to the discussion.
why each source
contributes to the
discussion.
Writing/Legal
Literacy
(2 marks)
 Writes in error-free,
clearly structured
(including sub-
headings) and well-
phrased language,
appropriate to a
legal context and
the type of task
involved, that ‘gets
the message
across’ accurately
and proficiently,
including consistent
use of third person
form.
 Writes in error-free,
clearly structured
(including sub-
headings) and well-
phrased language,
appropriate to a legal
context and the type
of task involved,
mostly ‘gets the
message across’
accurately and
proficiently, including
consistent use of third
person form, with
occasional gaps
which require
attention
 Writes in mostly correct and
proficient language with
generally acceptable
structure and phrasing
suitable for a legal context.
Alternatively/additionally,
some defects occur in clarity
of meaning, level of
formality, use of third
person, use of sub-headings
and/or readability.
 Writes in generally
acceptable structure and
phrasing suitable for a legal
context.
Alternatively/additionally,
several defects occur in
clarity of meaning, level of
formality, use of third
person, use of sub-headings
and/or readability.
 Writes in
underdeveloped or
inappropriately
informal, poorly
structured (including
lack of sub-headings)
and/or badly-phrased
language. Meaning
often unclear. Often
hard to understand.
Fails to achieve an
acceptable level of
written expression for
a legal context.
 Writes in a very
underdeveloped way;
Meaning often
unclear. Often hard
to understand. Fails
to achieve an
acceptable level of
written expression for
a legal context.
Applies AGLC
correctly,
including
footnotes and
bibliography (2
marks)
 Applies AGLC
correctly throughout,
including in
footnotes and
bibliography.
 Applies AGLC largely
correctly throughout,
including in footnotes
and bibliography, with
occasional minor
errors
 Applies AGLC mostly
correct including in
footnotes and bibliography,
with several minor errors
 Applies AGLC just at an
acceptable standard for an
introductory unit.
 Shows several
deficiencies in AGLC
application and/or
 Fails to submit a
bibliography or
complete footnotes
 Shows severe
deficiencies in AGLC
application and/or
 Fails to submit a
bibliography or
complete footnotes
ASSIGNMENT 3
PART C – Legal Reasoning
Task Legal Reasoning Task
Weighting 25%
Length 850 words (See details and assessment criteria sections below)
Relationship to other tasks and assessments
In Module 9 you completed a team legal reasoning exercise which you received feedback in class. Use the feedback from that class to prepare your response to Part C
Purpose of this assignment and ULOs assessed
The purpose of this assignment is to:
Acquire foundational skills in identifying and explaining relevant law and applying the law in resolving disputes.
Build your skills in interpretation of legislation.
Develop written skills in persuasive legal analysis and reasoned argument.
The unit learning outcomes assessed are:
Communicate using appropriate professional legal language and express ideas and perspectives (LO2)
Articulate and write about law in a coherent and professional way (LO4); and
Work collaboratively and independently in order to use legal reasoning, to create and present logical structured answers to problem-style legal questions.(LO5)
ASSIGNMENT 3
Case/Scenario
Justin enters the Good Guys store in Preston and wants to purchase a pair of noise cancelling headphones as he travels
to work on the train and wants to listen to some soothing music as opposed to the boring chit chat of the other train
travellers.
Justin asks the salesperson Mary, if he can try the headphones on and connect them to his Iphone so he can listen to
his own music in order to get a better sense of the sound. Mary says “no problem”.
Justin then asks Mary if he can walk outside with the headphones on so that he can assess whether the headphones
are actually noise cancelling or whether this feature is just a misleading and deceptive sales ploy. Mary jokingly says
“that’s fine, just don’t do a runner”, Justin replies “as if l would do that”.
Justin and Mary then walk outside the store and at that point Justin realisesthat he doesn’t have $120.00 in his savings
account and cannot afford the headphones. Nevertheless Justin runs to his car and drives off with the headphones still
on his head. Mary, having excellent vision, given her recent laser eye surgery, memorises Justin’s registration plate
“lmfab” and rings the Preston Police Station and reports Justin’s theft of the headphones.
Two uniformed police officers attend Justin’s house later that day and he is arrested and charged with theft.
ASSIGNMENT 3
Task
You are an experienced criminal law solicitor and Justin has come to you for your advice in relation to whether he will be found guilty of theft. Please advise
Justin as to his criminal liability having regard to the sections 71, 72, 73 and 74 of the Crimes Act 1958 (Vic).
Note: In your advice refer ONLY to the appropriate sections of the Crimes Act 1958 (Vic) as reprinted below and be sure to demonstrate your legal reasoning by using the HIRAC
method that you have learnt in class.
Assessment criteria
Your submission must:
 Identify and analyse issue/dispute/problem. Deconstruct it by considering it from multiple perspectives.
 Identify and explain the relevant elements in the legislation. Connect aspects of the issue/dispute/problem to the relevant and specific elements in the legislation.
 Logically reason and structure your argument. Demonstrate legal reasoning in your answer using a HIRAC approach.
 Conclude and offer clear and focused advice to the client
 Write clearly and succinctly in the third person.
 Reference your work as per AGLC.
ASSIGNMENT 3
Resources for your submission-
CRIMES ACT 1958 – S 71
Definitions
(1) In this Division—
gain and loss are to be construed as extending only to gain or loss in money or other property, but as extending to any such gain
or loss whether temporary or permanent; and—
(a) “gain” includes a gain by keeping what one has, as well as a gain by getting what one has not; and
(b) “loss” includes a loss by not getting what one might get, as well as a loss by parting with what one has;
“goods” except in so far as the context otherwise requires, includes money and every other description of property except land
and includes things severed from the land by stealing;
“property” includes money and all other property real or personal including things in action and other intangible property.
(2) In this Division property shall be regarded as belonging to any person having possession or control of it, or having in it
any proprietary right or interest (not being an equitable interest arising only from an agreement to transfer or grant an interest).
ASSIGNMENT 3
CRIMES ACT 1958 – S 72
Basic definition of theft
(1) A person steals if he dishonestly appropriates property belonging to another with the intention of permanently depriving
the other of it.
(2) A person who steals is guilty of theft; and “thief” shall be construed accordingly.
CRIMES ACT 1958 – S 73
Further explanation of theft
(1) This section has effect as regards the interpretation and operation of section 72 and, except as otherwise provided in this
Division, shall apply only for the purposes of that section and not otherwise.
(2) A person’s appropriation of property belonging to another is not to be regarded as dishonest—
(a) if he appropriates the property in the belief that he has in law the right to deprive the other of it, on behalf of himself
or of a third person; or
(b) if he appropriates the property in the belief that he would have the other’s consent if the other knew of the
appropriation and the circumstances of it; or
(c) (except where the property came to him as trustee or personal representative) if he appropriates the property in the
belief that the person to whom the property belongs cannot be discovered by taking reasonable steps.
(3) A person’s appropriation of property belonging to another may be dishonest notwithstanding that he is willing to pay for
the property.
ASSIGNMENT 3
(4) Any assumption by a person of the rights of an owner amounts to an appropriation, and this includes, where he has
come by the property (innocently or not) without stealing it, any later assumption of a right to it by keeping or dealing with it
as owner.
(5) Where property or a right or interest in property is or purports to be transferred for value to a person acting in good
faith, no later assumption by him of rights which he believed himself to be acquiring shall, by reason of any defect in the
transferor’s title, amount to theft of the property.
(6) A person cannot steal land, or things forming part of land and severed from it by him or by his directions, except in the
following cases, that is to say—
(a) when he is a trustee or personal representative, or is authorized by power of attorney, or as liquidator of a company,
or otherwise, to sell or dispose of land belonging to another, and he appropriates the land or anything forming part of it by
dealing with it in breach of the confidence reposed in him; or
(b) when he is not in possession of the land and appropriates any thing forming part of the land by severing it or causing
it to be severed, or after it has been severed; or
(c) when, being in possession of the land under a tenancy, he appropriates the whole or part of any fixture or structure let
to be used with the land.
For purposes of this subsection land does not include incorporeal hereditaments; “tenancy” means a tenancy for years or any less
period and includes an agreement for such a tenancy, but a person who after the end of a tenancy remains in possession as
statutory tenant or otherwise is to be treated as having possession under the tenancy, and “let” shall be construed accordingly.
(7) Wild creatures, tamed or untamed, shall be regarded as property; but a person cannot steal a wild creature not tamed nor
ordinarily kept in captivity, or the carcase of any such creature, unless either it has been reduced into possession by or on behalf
of another person and possession of it has not since been lost or abandoned, or another person is in course of reducing it into
possession.
ASSIGNMENT 3
(8) Where property is subject to a trust, the persons to whom it belongs shall be regarded as including any person having a
right to enforce the trust, and an intention to defeat the trust shall be regarded accordingly as an intention to deprive of the
property any person having that right.
(9) Where a person receives property from or on account of another, and is under an obligation to the other to retain and
deal with that property or its proceeds in a particular way, the property or proceeds shall be regarded (as against him) as
belonging to the other.
(10) Where a person gets property by another’s mistake, and is under an obligation to make restoration (in whole or in part)
of the property or its proceeds or of the value thereof, then to the extent of that obligation the property or proceeds shall be
regarded (as against him) as belonging to the person entitled to restoration, and an intention not to make restoration shall be
regarded accordingly as an intention to deprive that person of the property or proceeds.
(11) Property of a corporation sole shall be regarded as belonging to the corporation notwithstanding a vacancy in the
corporation.
(12) A person appropriating property belonging to another without meaning the other permanently to lose the thing itself is
nevertheless to be regarded as having the intention of permanently depriving the other of it if his intention is to treat the thing as
his own to dispose of regardless of the other’s rights; and a borrowing or lending of it may amount to so treating it if, but only if,
the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal.
(13) Without prejudice to the generality of subsection (12) where a person, having possession or control (lawfully or not) of
property belonging to another, parts with the property under a condition as to its return which he may not be able to perform, this
(if done for purposes of his own and without the other’s authority) amounts to treating the property as his own to dispose of
regardless of the other’s rights.
ASSIGNMENT 3
(14) Notwithstanding anything contained in subsection (12) in any proceedings—
(a) for stealing a motor vehicle or an aircraft proof that the person charged took or in any manner used the motor
vehicle or aircraft without the consent of the owner or person in lawful possession thereof shall be conclusive evidence that the
person charged intended to permanently deprive the owner of it; and
(b) for attempting to steal a motor vehicle or an aircraft proof that the person charged attempted to take or in any manner
use the motor vehicle or aircraft without the consent of the owner or person in lawful possession thereof shall be conclusive
evidence that the person charged intended to permanently deprive the owner of it.
CRIMES ACT 1958 – S 74
Theft
(1) A person guilty of theft is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum).
ASSIGNMENT 3
Highly Proficient
(HD)
Proficient (D) Competent (C) Competent (Just) (P) Underdeveloped
(N)
Very
Underdeveloped
(N)
Identify and
analyse issue/
dispute/problem
(2.5 marks)
 Appraises the
issue/s and
complexities
related to the
problem
 Constructs a clear
problem statement
with all relevant
contextual factors
 Analyses the
issue/s related to
the problem
 Recognises and
defines the aspects
of the problem
including
interconnections
 Summarises the issue/s
related to the problem
 identifies aspects of the
problem
 Identifies most aspects of
the problem
 Unclear definition of
the problem
 Misses or raises
only superficially
issues relevant to
the problem
 Fails to show real
understanding of
the legal issues
 Misses or raises
only superficially
issues relevant to
the problem
Identify and
explain the
relevant
elements in
case law and
legislation (6.5
marks)
 Systematically
deconstructs and
correctly identifies
all relevant
elements in the
legislation.
 Succinctly and
comprehensively
explains the key
elements in own
words.
 Correctly identifies
key elements in the
legislation.
 Comprehensively
explains the key
elements in own
words.
 Identifies most key
elements in the legislation.
 States the key elements
mostly in own words.
 Identifies key elements in
the legislation (at an
acceptable standard) with
some gaps
 States the identified
elements in the words of the
source document.
 Identifies elements
in the legislation
however there are
significant gaps
and/or fails to
summarise in own
words
 Fails to show real
understanding of
the elements in the
legislation provided
 Fails to summarise
in own words
Reasoning and
presentation of
argument (10.5
marks)
 Logically applies
legal reasoning to
the issues in the
problem
 Systematically and
consistently applies
relevant
principles/rules/tests
to the problem
 Consistently and
accurately uses
evidence to defend
argument.
 Applies legal
reasoning to the
issues in the
problem.
 Applies relevant
principles/rules/tests
to the problem.
 Consistently uses
evidence to defend
argument.
 Adequately applies legal
reasoning to the issues in
the problem.
 Mostly applies relevant
principles/rules/tests to the
problem.
 Mostly consistent in using
evidence to defend
argument.
 Basic application of legal
reasoning to the issues in
the problem.
 Occasionally applies
relevant
principles/rules/tests to the
problem.
 Occasional use of evidence
to defend argument.
 Unclear application
of legal reasoning to
the issues in the
problem.
 Limited application
of relevant
principles/rules/tests
to the problem.
 Poor or limited use
of evidence to
defend argument.
 Fails to apply legal
reasoning to the
issues in the
problem.
 Misses or only
superficially applies
the relevant
principles/rules/tests
to the problem.
 Poor or limited use
of evidence to
defend argument.
Conclusion and
advice to client
(2.5 marks)
 Conclusion based
on evidence
presented.
 A reasoned
conclusion based
on evidence
presented.
 Conclusion draws upon
evidence presented.
 Advice provided is
adequate.
 Conclusion relates to some
evidence presented
 Advice is basic and
occasionally vague.
 Conclusion not tied
to evidence
presented
 Fails to provide a
conclusion and little
or no advice based
on analysis
ASSIGNMENT 3
 Advice is clear,
fulsome, tailored to
the client, with good
consideration of
ethical dimensions.
 Advice is fulsome
and focused.
 Advice is vague,
misleading or
absent.
Writing/Legal
Literacy (3
marks)
 Writes with clarity
and fluency and is
error
-free including
use of third person
language
 Uses succinct,
accurate sub
headings to add
clarity and direction
for both the reader
and the writer.
 Prepares answer
using HIRAC
structure

Error
-free use of
AGLC footnotes and
reference including
an AGLC compliant
bibliography of all
sources.
 Writes with clarity
and is mostly error
free, including the
use of third person
language.
 Uses sub
-headings
to add clarity and
direction for both
the reader and the
writer.
 Prepares answer
using HIRAC
structure
 Mostly error
-free
use of AGLC
footnotes and
reference including
a mostly AGLC
compliant
bibliography of all
sources.
 Writes clearly and generally
conveys meaning. Some
defects may occur in
meaning, formality, use of
third person or sub
headings
 Mostly correct use of
HIRAC structure in
formulating answer
 Several minor or significant
error in use of AGLC
footnotes and/or
bibliography
 Writes clearly and generally
conveys meaning at an
acceptable standard. There
may be several defects in
meaning, formality, use of
third person or sub
headings
 Mostly correct use of
HIRAC structure in
formulating answer may
have occasional gaps
 Several minor or significant
error in use of AGLC
footnotes and/or
bibliography
 Writes
underdeveloped or
inappropriately
informal, poorly
structured (including
lack of sub
headings) and/or
badly
-phrased
language. Meaning
often unclear. Often
hard to understand.
Fails to achieve an
acceptable level of
written expression
for a legal context.
 Fails to or poorly
uses the HIRAC
structure in
formulating answer.
 Minimal or no use
AGLC in footnotes
and/or bibliography