Culpable Driving at Old Melbourne Gaol
This significant heritage building offers students an engaging and revealing insight into past and contemporary legal process.
The court sits on the same site as the first Supreme Court in Melbourne (c.1842-1884), which saw such famed trials as Ned Kelly’s 1880 murder trial (which resulted in his execution at the Old Melbourne Gaol) and the 1855 trial of the 13 miners from the Eureka Stockade.
Learn through re-enacting an authentic trial and taking the roles of prosecutor, defence counsel, judge, offender, jury, witnesses and public gallery members. All sessions are run by trained facilitators utilising audio-visual technologies and scripts based on real-life trials.
About the Program
During the Culpable Driving Court Room Drama, students will take on various roles such as magistrate, defence, prosecution and witnesses, using scripts, costumes and props to reenact a real case. Eighteen-year-old Kim pleaded guilty to culpable driving causing the death of his best mate, after deciding to participate in a drag race on a suburban street. This case is based on a real-life case, with names and other information changed to ensure privacy.
This case demonstrates to students how a split-second decision behind the wheel of a car can have long-lasting and disastrous consequences. During this experience, students will explore, discuss and debate the various sentencing options for the crime of culpable driving, ensuring that they consider the evidence presented in the trial, as well as sentencing procedures in their response.
Curriculum Links
| Subject | Strand | Sub-strand | Content descriptions | Students will… |
|---|---|---|---|---|
| Civics and Citizenship | Knowledge and Understanding | Laws and Citizens | the key features and jurisdictions of Australia’s court system; the operations of courts and tribunals, including the roles of courts, judges, lawyers and juries in trials; and the rights of the accused and the rights of victims | Analyse how the courts apply and interpret criminal laws. Examine the role of various people in the courts. |
| VC2HC10K05 | ||||
| Skills | Evaluating democratic institutions and systems | evaluate how the principles of justice (fairness, equality and access) are achieved through legal institutions and processes | Discuss the various purposes of sanctions, and how justice is achieved through the legal process. | |
| VC2HC10S04 | ||||
| Communicating | construct evidence-based arguments using civics and citizenship knowledge, concepts and different perspectives, and determine the most effective method of communication | Share their opinion on appropriate sanctions using information provided as well as their own knowledge/ | ||
| VC2HC10S08 | ||||
| Drama | Presenting | plan, rehearse, refine, present and perform improvised, devised and scripted drama in different contexts to a range of audiences in a range of spaces | Perform a scripted drama. | |
| VC2ADR10P01 |
| Subject | Area of Study | Key Knowledge and Skills | Students will… |
|---|---|---|---|
| Legal Studies | Legal Foundations | The role of individuals, laws and the legal system in achieving social cohesion and protecting the rights of individuals | Learn about the different roles in a court room, including the judge, the defence, the prosecution, the public and the jury. |
| The principles of justice: fairness, equality and access. | Explore what fairness means and how it can be different for different people. | ||
| Define key legal terminology | Use key legal terminology in the context of a court trial. | ||
| The presumption of innocence | The purposes of criminal law | Explore why certain laws exist and who they aim to protect. | |
| Sanctions | Institutions that enforce criminal law, such as the police and delegated bodies | Learn how the police are involved in cases such as the one being portrayed. | |
| The principles of justice: fairness, equality and access. | Explore what fairness means and how it can be different for different people. | ||
| The purposes of sanctions: punishment, deterrence, denunciation, protection and rehabilitation | Learn what different witnesses as well as the defence and prosecution hope to get out of the sanction given, evaluate what kind of sanction would be effective in this case (rehabilitation, protection, or deterrence). | ||
| Types of sanctions such as fines, community correction orders and imprisonment | Explore the different sanctions that the defendant could receive, considering the crime committed, mitigating factors, his age and the evidence presented. | ||
| Factors considered by judges in sentencing | Role play as the judge and consider what different factors could be at play in the sentencing of the defendant. | ||
| Define and use legal terminology | Use key legal terminology in the context of a court trial. | ||
| The Victorian Criminal Justice System | The principles of justice: fairness, equality and access. | Explore what fairness means and how it can be different for different people. | |
| The rights of an accused, including the right to be tried without unreasonable delay, the right to a fair hearing, and the right to trial by jury | Understand what rights the accused has, and see those rights upheld. | ||
| The rights of victims, including the right to give evidence as a vulnerable witness, the right to be informed about the proceedings, and the right to be informed of the likely release date of the accused | Witness a victim impact statement and the effect it has on the trial. | ||
| The responsibilities of key personnel in a criminal trial, including the judge, jury, parties and legal practitioners | Understand the different personnel needed in a sentencing hearing such as the judge, witnesses, defence and prosecution. | ||
| The purposes of sanctions: rehabilitation, punishment, deterrence, denunciation and protection | Learn what different witnesses as well as the defence and prosecution hope to get out of the sanction given, evaluate what kind of sanction would be effective in this case (rehabilitation, protection, or deterrence). | ||
| Fines, community corrections orders and imprisonment, and their specific purposes | Explore the different sanctions that the defendant could receive, considering the crime committed, mitigating factors, his age and the evidence presented. | ||
| Factors considered in sentencing, including aggravating factors, mitigating factors, guilty pleas and victim impact statements | Role play as the judge and consider what different factors could be at play in the sentencing of the defendant. |
Program Details
Monday to Friday during school terms
1.25 hours
15-30 students per session
Teacher/carer:student ratio: 1:12
Social script for parents and teachers of students on the autism spectrum.
Teachers will receive a detailed resource pack that includes suggested pre- and post-visit activities upon booking.
$14 per student
Click here to access the Task Risk Assessment.
The court can be accessed by wheelchair users through a side door. The stands where the judge, witnesses and defendant sit are only accessible via stairs.
To book, complete the Online Booking Form. For enquiries, email [email protected] or phone (03) 9656 9889.
Former Magistrate’s Court, Old Melbourne Gaol
377 Russell Street
Melbourne VIC 3000
An excellent and highly informative experience had by our VCE students. The tour guides were very knowledgeable and held the student's focus throughout the mock court experience.
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