Below is a breakdown of how well past Legal Studies students answered questions that related to sentencing and punishment or other areas of criminal law, which will have a relationship to sentencing and punishment.
Answers with an asterisk * are the correct answers.
Go to the Legal Studies 2025 HSC Exam Pack link below for a copy of the Examination, Marking Feedback and Marking Guidelines.
In a court case, it is the responsibility of the prosecution to prove the accused is guilty. Which of the following does this refer to?
A. Burden of proof *
B. Standard of proof
C. Reasonable doubt
D. Presumption of innocence
This question addresses the section “burden and standard of proof” within the topic Criminal Trial Process. While not specifically not a Sentencing and Punishment question it has a relationship to it.
This question was answered correctly by 66.93% of candidates with options B (15.39%) and C (11.60%) being the main distractors. This was the 10th most correctly answered question.
An offender is released from prison prior to the end of their sentence. Which of the following best describes what has occurred?
A. Continued detention has been imposed.
B. A Community Corrections Order has been made by the Parole Board.
C. An Intensive Corrections Order has been imposed to protect public interest.
D. Parole has been granted to enable ongoing supervision within the community. *
This question addresses the section “post-sentencing considerations, including security classification, protective custody, parole, preventative detention, continued detention, sexual offenders registration, deportation ” within the topic Sentencing and Punishment.
This question was answered correctly by 82.07% of candidates with options B (13.67%) and C (3.12%) being the main distractors. This was the 4th most correctly answered question.
Which row of the table correctly identifies the legal institution and its responsibility?
Legal institution |
Responsibility |
|
A. |
Corrective Services NSW |
Deciding security classifications for offenders * |
B. |
NSW State Parole Authority |
Providing eligible parties with financial support |
C. |
NSW Police |
Prosecuting indictable offences in the District Court |
D. |
Legal Aid |
Funding matters about property damage to any property caused by a motor vehicle |
This question addresses the section “post-sentencing considerations, including security classification, protective custody, parole, preventative detention, continued detention, sexual offenders registration, deportation ” within the topic Sentencing and Punishment.
This question was answered correctly by 74.72% of candidates with options D (18.64%) and B (3.34%) being the main distractors. This was the 6th most correctly answered question.
Which of the following is the main concern regarding the effectiveness of forfeiture of assets as a crime deterrent?
A. The costs of processing the orders outweigh the value of assets seized.
B. It fails to ensure all seized assets are used to support community programs.
C. There is limited evidence that asset forfeiture significantly deters criminal activity.*
D. It is criticised for sometimes targeting low-level offenders instead of major criminals.
This question addresses the section “types of penalties including: no conviction recorded, caution, fine, bond, suspended sentence, probation, criminal infringement notice, penalty units, community service order, home detention, periodic detention, forfeiture of assets, imprisonment, diversionary programs” within the topic Sentencing and Punishment.
This question was answered correctly by 59.90% of candidates with options D (23.39%) and A (9.63%) being the main distractors. This was the 13th most correctly answered question.
A jury found Kim guilty of fraud. Kim successfully appeals the conviction on the basis that prejudicial evidence was admitted into court.
Which of the following is correct?
A. The Director of Public Prosecutions must now agree to a retrial.
B. The NSW Supreme Court found that jury misconduct had occurred.
C. The Public Defender was required to represent Kim in the appeal process.
D. The NSW Court of Criminal Appeal accepted the trial was procedurally unfair. *
This question addresses the section “appeals” within the topic Sentencing and Punishment.
This question was answered correctly by 68.81% of candidates with options A (17.87%) and B (8.84%) being the main distractors. This was the 8th most correctly answered question.
Last updated: