Samuel Smith Legal Letter - Section 269 of the Criminal Law Consolidation Act - Law Assignment Help

Samuel Smith Legal Letter Section 269 of the Criminal Law Consolidation Act Law Assignment Help

Assignment Task:

You are asked to write a letter in reply to Mr Solicitor’s letter (see below). Once again there is no standardised way to do this, letters like reports, vary wildly from
professional to professional and across disciplines. So please don’t ask for a rubric this time! Your letter will commence by thanking Mr Solicitor for his letter and explaining what your letter will include. You may then, and use headings if you like, respond to the following: Whether based on your earlier assessment you believe Mr Smith could possibly have a defense pursuant to Section 269 of the criminal law consolidation act (1935). Reasons as to why you are of this opinion and any further information you may require. In this letter, also inform him as to what assessments you will undertake during your assessment to determine:

•  Any diagnosis and prognosis
•  An assessment of current capacity and mental health
•  Any other issues you consider to be relevant.

Legal Assessment                                                                                                                  Dept. September 10, 2019
Dear Ms/r Flinders Student
Via email: flinders.student@flinders.edu.au
Dear Flinders Student
Re: Samuel Smith (DOB: 4/7/1999)
Thank you for agreeing to see Mr Smith for the preparation of a psychological report I understand you are available to see Samuel Smith on 24 th November 2019 at 9am.
Mr Smith is next before Christies Beach Magistrates Court on 11 th December 2019 in relation to two counts of damaging property (alleged offences dated 14 th December 2018 at St Peters). I believe that you have previously assessed Mr Smith when he was aged 14 years. We will obtain an adjournment of these matters on the next occasion to allow for the report to be completed.
In the first instance, and prior to the assessment going ahead on 24 November, 2019, I respectfully request you inform me in writing whether you believe it is likely that Mr Smith could possibly have a defence pursuant to Section 269 of the criminal law consolidation act (1935) (based on your previous assessment). Please state your reasons as to why you are of this opinion and any further information you may require. Further, in this letter, can you inform me as to what additional material you will require from me and what assessments you will undertake during your assessment to determine:

•  Any diagnosis and prognosis
•  An assessment of current capacity and mental health
•  Any other issues you consider to be relevant.

I have not encountered any serious concerns relating to competence to commit the offence or fitness to stand trial, but I understand that there are some concerns held by Mr Smith& workers that there might have been a recent deterioration in his mental state. If you have any concerns about issues of mental competence or fitness to stand trial based on your previous assessment, please feel free to raise those issues in the body of your initial letter. I have received videos of the footage taken by the Police laser and body worn cameras during the incident, please advise if you would like a copy of these discs made to assist in your assessment. This report can be funded at Legal Support Aid rates, namely $120 per hour. Can you please quote an estimate of how long the testing will take, so I can ensure adequate funds are allocated.
I am grateful once again for your assistance and please contact me should you have any questions.
Yours sincerely
Mr Barrister Solicitor

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