HSC Legal Studies · Crime · Chapter 3 · Student worksheet

The Criminal Trial Process — Activity Materials

Print or work on screen · pairs with the Chapter 3 lesson
Name: Class: Date:

Activity 1 — Court jurisdiction sorting

Syllabus link: 3.1 court jurisdiction & the court hierarchy
For each matter below, name the court that would hear it, and mark whether that court is exercising original (first time) or appellate (reviewing) jurisdiction. Watch the trap — not every serious trial is in the same court!
MatterWhich court?Original or appellate?
A parking fine dispute
A common assault charge
A committal hearing for an indictable offence
An armed robbery trial
A manslaughter trial
A murder trial
A 15-year-old charged with break & enter
An appeal against a Local Court sentence
An appeal against a Supreme Court conviction
A bid to appeal to the nation's final court

Activity 2 — Defences scenario cards

Syllabus link: 3.8 defences — complete defences & partial defences to murder
Read each fact pattern. Name the defence that best fits, and state whether it is a complete defence (full acquittal) or a partial defence to murder (reduces murder to manslaughter). One card contains a trap — a defence that is not available for the charge.
Card A

Cornered and being choked, Ari shoves the attacker away; the attacker falls and is fatally injured.

Defence:
Complete / partial:
Card B

An armed gang threatens to kill Bela's family unless she drives their getaway car. She does. (What if the charge were murder?)

Defence:
Complete / partial:
Card C

Caught in a sudden blizzard, Cass breaks into a locked cabin to avoid freezing to death.

Defence:
Complete / partial:
Card D

Because of a serious mental health impairment, Dev did not understand that what he was doing was wrong.

Defence:
Complete / partial:
Card E

After prolonged, serious violent provocation amounting to a serious indictable offence against her, Els kills her attacker.

Defence:
Complete / partial:
Card F

Suffering an abnormality of mind from an underlying condition that substantially impaired his capacity, Finn kills.

Defence:
Complete / partial:
Extension: which card is the trap, and why does the defence fail for that charge?

Activity 3 — Legal personnel: who does what?

Syllabus link: 3.2–3.3 the adversary system & legal personnel
Match each role to its description. Write the correct role from the word-bank next to each job. Roles may be used once.
MagistrateJudgePolice prosecutorDPPPublic DefenderSolicitorBarristerJury
DescriptionRole
Presides in the Local Court with no jury; decides both guilt and sentence.
Presides in the District/Supreme Court; rules on the law, directs the jury, and imposes the sentence.
A trained NSW Police officer who prosecutes summary matters.
An independent office that prosecutes serious indictable offences and decides the charges.
A salaried barrister who defends the accused, usually on a grant of legal aid.
Gives legal advice and prepares the case, mostly out of court.
A specialist court advocate who examines witnesses and addresses the court.
Twelve citizens who decide the verdict on the facts.

Activity 4 — Mock trial role sheet

Syllabus link: 3.2, 3.3, 3.6, 3.7, 3.9 — putting the trial process together
Your class will run a short mock trial on a fact scenario supplied by your teacher. Find your role below, note your job, and prepare. Remember: the prosecution carries the burden of proof beyond reasonable doubt.
My role
What my role does

Roles to allocate

RoleJob in the trial
JudgeRuns the trial, rules on the law and on objections, directs the jury, would impose sentence.
Crown prosecutor (DPP)Presents the case for the state; calls and examines prosecution witnesses; must prove guilt beyond reasonable doubt.
Defence barristerTests the prosecution case; cross-examines; presents any defence; need not prove innocence.
AccusedMay give evidence (or stay silent — the right to silence); instructs the defence.
Witnesses (incl. one expert)Take an oath/affirmation; give evidence; can be cross-examined. False evidence = perjury.
Jury (12) + forepersonWeigh the evidence, apply the judge's directions, deliberate, and deliver the verdict.
Court officer / associateSwears in witnesses and jurors; keeps order and the exhibits.

My preparation notes (questions I will ask / points I will make)

After the trial — reflect

Did the jury reach a unanimous verdict? What would a hung jury have meant? Was any evidence challenged as inadmissible? Write two sentences on whether the adversary system helped find the truth.

Take it further — resources

Real, reputable sources for your own research
Rose Bay Secondary College · HSC Legal Studies · Crime — Chapter 3 activity materials · NESA Stage 6 (2009)