Letter Of Advice On Criminal Liability - Junior Solicitor Working for the ACT Police - Law Assignment Help

Letter Of Advice On Criminal Liability Junior Solicitor Working for the ACT Police  Assignment Help

Assignment Task:

YOUR TASK IS TO WRITE A LETTER OF ADVICE ON CRIMINAL LIABILITY.
In this task you will need to:-
1) Analyse the attached documents for issues concerning criminal liability.
2) Research relevant law and procedure.
3) Research and present the advice in an appropriate style and format for a letter of advice.
4) Identify the relevant charge or charges that apply in this case.
5) Deploy and characterise the relevant law.
6) Apply the relevant evidence to the law.
7) Analyse the evidence and resolve any relevant ambiguities.
8) Advise your client on the appropriate charge or charges.

Fundamentally, you are being asked to give advice to your client about the appropriate charge, or charges, including any relevant defence, and give reasons for your answer.

Please Note:
1) Students are not expected to advise on matters concerning Evidence Law beyond materials covered in lectures or referred to in your textbook.

2) This assignment must be your own work. Any evidence of plagiarism or other misconduct will be referred for disciplinary action.

3) You are expected to read broadly in order to undertake this assignment. That may require you to undertake research beyond materials covered in lectures where relevant to your paper.

MEMORANDUM
To: [Your name]
From: DS Angus Vin
Date: [Today]
Re: Advice

Please find attached documents concerning Walter BOGAN.
Please refer to the attached Facts Sheet for details.
We are preparing charges in relation to the events set out, although there is some disagreement as to the charge(s) to lay in this case. We are therefore seeking an independent examination. Please advise on the relevant charge or charges that, in your opinion, are sustainable on the evidence as it
stands, and advise accordingly. At the present time BOGAN is in custody. Bail has been refused. Please provide your written advice no later than 11 October.
With thanks,
DS Vin

ANTECEDENTS
The accused is a 29 year old man. He is currently working part-time as a Tow Truck Driver for “Hitchright” Pty Ltd. He resides at 15 Santana Avenue, Dunlop. He is divorced and currently lives alone, but has a girlfriend who lives locally. He has prior convictions for assault, breaching a domestic violence order (NSW), drug possession, and several speeding violations.

FULL FACTS
1. On 20 August 2019 at 21.10pm a “000” call was received from Melinda BAUHN, a resident at 17 SANTANA AVENUE DUNLOP, requesting police to attend as she was very concerned about shouting and violence in the backyard of the house next to hers (15 SANTANA AVENUE).

2. Senior Constable Lucretzia BORGIA and Constable Nathan BULGER attended the scene at 21.21pm. On arrival, both officers observed a man lying face down in the garden in the backyard. A large rock was nearby, covered in blood. Walter BOGAN was sitting crying next to the body. When approached, BOGAN said he had been in a fight with his father. He said, “I think he’s dead.”

3. An ambulance was immediately called, while Constable BULGER checked for vital signs. It was clear to him that the man was not breathing and had sustained a massive head wound. Soon after arrival, paramedic ambulance officers confirmed the man was dead. He was taken to Canberra Hospital, and pronounced dead on arrival. The dead man was later identified as Logan Bogan (58 years), the father of Walter Bogan. Post-mortem confirmed Logan died from head injuries but had
also been involved in a serious physical altercation, as there were lacerations and bruising to the hands, arms and face.

4. In the interim, Walter BOGAN was arrested and taken to Belconnen Station. At 9AM the following morning, he was interviewed by Senior Constable Lucretzia BORGIA and DETECTIVE SERGEANT ANGUS VIN. During interview BOGAN was largely unresponsive. He said that he “didn’t remember much”, that he had been drinking, that his father had been a "fucking cunt to me my whole life” and “last night I just snapped”. BOGAN was observed by interviewing officers to spend much of his time crying, with his head in his hands. During the interview, a solicitor from Legal Aid, Shaun MODEM, asked for several breaks, which were granted.1

5. Police later interviewed Walter’s girlfriend, Sharney SPOTWOOD, who was present at the scene. According to her, she and Walter were watching TV together when Walter’s father returned homefrom work (about 11PM) from the local dockyard. Almost immediately, Walter’s father began to
abuse them both because the house was “filthy”, and neither of them had jobs. Walter began to argue with his father. The argument went on for about ten minutes, before Walter’s father stormed off to have a shower.

6. According to SPOTWOOD, she and Walter went outside and sat on a bench in the backyard. At this stage Walter lit up an “ice pipe” and began to smoke amphetamine. He became gradually more and more aggressive and began reflecting on his childhood – that his mother left when he was young, that
his father was never around, but frequently “flogged” him when he was. Walter reported to her that at one stage Walter’s father bashed him with a broom. Walter explained how he often felt threatened and fearful when his father was home.

7. SPOTWOOD then said that shortly after midnight Walter’s father came outside and approached them, asking if they were alright. Walter stood up and began yelling and screaming at his father, saying that he was a “prick” and a “cunt”. Walter’s father became instantly aggressive and stood up to his son. The two of them then became involved in a fight. Both fell to the ground and began to wrestle violently. Late in the fight Walter was stunned after being punched in the groin, at which
point Logan yelled “I knew you were gutless!”

8. Walter stood up and grabbed a rock from the garden and held it above his head. Logan yelled at him, "Go on, I bet you can't do it, you pathetic little fuck. Go on, I bet you can't do it!" Walter then attacked his father with the rock, smashing it into his head at least eight times that she could count.

9. Sharney SPOTWOOD has agreed to give evidence.

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