Police Station & Davidson Case Study & Power to Enter Private Property - Road Transport Legislation - Law Assignment Help

Assignment 

The Scenario (Part A)
You are attached to a Police Station, in a remote District. It is a Sunday morning and you are working alone. The other car crew  is available.About 11:15 hrs, you receive a  message to attend a property at 9482 Black Plains Rd, at a remote location. The property is a 15-hectare fully-fenced hobby farm owned by Steve and Lisa Bermingham. They reside at the property with their two children, Emma, 18 years old, and Patrick, 16 years old. Message advise that an elderly neighbour, Betty Turner, phoned 000 to report that Steve, Lisa and Emma Bermingham had travelled to a remote area of the coast earlier that day to camp overnight, leaving Patrick at the property alone. Patrick has an old Nissan utility that he uses as a ‘paddock basher’ on the property.

It has no muffler and is extremely loud. He drives it for an hour or two most weekends “like an off-road racecar”.  Turner reported hearing the vehicle being driven—seemingly at high speed by the sound of the engine—for about 20 minutes before there was a series of quick thuds, followed by an extremely loud bang and then complete silence. Turner is housebound and lives some distance away. She is extremely concerned Patrick may have been in an accident.You respond  and arrive at the entrance to the property at 11:35 hrs. The front gate is closed and chained but not locked. The residence is located about 350 metres from the front gate near the top of a hill. There is a sign on the gate that reads, “We love our animals and want to keep them! REMEMBER TO CLOSE THE GATE!”

Question 1 Power to enter private property (700 words)
What authority do you have to proceed onto the property?
Consider section 9(1)(b) of LEPRA and discuss whether the circumstances outlined in Part A of the scenario would be sufficient to form the requisite state of mind to invoke its use.
Consider the term ‘implied licence’ and discuss its purpose and limitations.

The Scenario (Part B)
You enter the property and drive up to the residence, followed by an ambulance that has also been despatched to the property. You knock on the door repeatedly but cannot raise anyone. You activate your siren several times, but this also fails to attract a response. You see a large shed on the crest of the hill and the roller door is up. You follow the driveway that leads from the residence to the shed. Upon reaching the crest, you immediately see the Nissan utility about 300 metres away resting on its roof with the driver’s side wedged against the trunk of a large gum tree. Tracks in the grass suggest the vehicle slewed sideways at considerable speed and rolled several times prior to hitting the tree. You then notice the body of a person lying supine and motionless on the ground about 30 metres from the vehicle. It appears this person was ejected from the vehicle. You notify the radio about the situation. You and the paramedic, Ian Davidson, race over to the person. It is a teenage male, who is unconscious but breathing.

You assume it is Patrick Bermingham. Davidson commences assessing his condition. You run over to the vehicle and quickly determine there is nobody else in or near it Davidson tells you that the teenage male’s condition is critical and deteriorating. You assist Davidson to load the teenage male into the ambulance. You secure the police vehicle and start driving the ambulance towards Rossville Hospital under lights and siren. You update the radio about the situation. About 2 km from the hospital you notice that Davidson is now performing CPR on the teenage male. You arrive at the hospital a few minutes later and he is rushed into the emergency ward. About 25 minutes later, Dr Catherine Miles informs you the teenage male could not be resuscitated and is now deceased. You inform the shift supervisor, Sgt Will Baxter. He attends the hospital a short time later. Sgt Baxter advises that the Bermingham's are not contactable. He instructs you to return to the property to guard the scene pending a forensic examination. Davidson has offered to drive you there.

 Question 2 Power to enter and remain Part I (400 words)
Ignoring the fact your police vehicle is still at the property, explain what power or authority would allow you to re-enter and remain on the property to preserve the scene for a forensic examination. Your response must include the steps required to invoke that power or authority.
Tip: crime scene pawers section 88 -93 (Crimes act, NSW)

You return to the property with Davidson. As you a driving up to the residence you see a teenage male sitting on the verandah. You approach him and he tells you his name is Patrick Bermingham. He then says, “We were just having some fun. I knew I was driving fast but I didn’t think I was going that fast. I’ve driven around this place a lot faster thousands of times. Is Liam going to be okay?” 
You ascertain that “Liam” is Liam Johnston, 16-year-old, a friend from school who lives in Roseville.
Bermingham claims he ran to a neighbour’s property some distance away immediately after the accident to raise the alarm but nobody was home. By the time he returned, he saw the ambulance heading back towards Rossville. Bermingham tells you there is no landline at the property and his mobile phone was destroyed in the accident.
Davidson assesses Bermingham and determines he is uninjured other than some minor bruising across his chest from the seatbelt. 

Question 3 Power to enter and remain Part II (200 words)
Does this new information in Part C change the power or authority required to re-enter and remain on the property to preserve the scene for forensic examination? If so, explain why and the steps you must now take.
Tip: crime scene pawers section 88 -93 (Crimes act, NSW )

Question 4 Requirements for fatal accidents 
As Bermingham was the driver of a motor vehicle involved in a fatal collision, what action must you consider taking under the Road Transport legislation? Your response must include referencing the relevant legislation and a discussion on what may prevent you from taking such action. 

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