Prepare written submissions for the bail application

Reference no: EM132275585 , Length: word count:1500

Criminal Law Assignment - Bail Application Submission

QUESTION -

25 year old Roger Bottle (who is working full time completing a motor mechanic's apprenticeship at a Brisbane mechanic and had only seven months remaining before the incident) was charged with Dangerous Operation of a Motor Vehicle whilst affected by an intoxicating substance (s 328A(2) Criminal Code) (DOMV). He was involved in an accident in Brisbane at 3.30 a.m. on 1 December 2018.

The alleged facts for the DOMV are that:

Roger set out to drive 15 km to his home (with his passengers), from where they had been drinking in Brisbane city. Roger's car was seen driving well above the 50 km speed limit through a red light of a city intersection and collided with a taxi. The taxi driver was knocked unconscious. The taxi's two passengers suffered, respectively, a broken collarbone and whiplash, and a fracture to the right shoulder. Roger's blood alcohol reading was 0.08% (above the legal limit of 0.05%). His passengers were not injured. He did not participate in an electronic record of interview.

Roger's antecedents are that:

His criminal history includes: 1 x Unlawful Use of Motor Vehicle and 3 x Possess Drugs for which he was fined in 2015; 4 offences of dishonesty for which he was convicted and required to perform 120 hours community service (completed in 2017). He also has substantial traffic history, including fines for speeding and driving whilst unlicensed. In 2017 he was fined and disqualified from driving for three months for drink driving.

A psychologist - based at Brisbane North PHN, a drug and alcohol counselling service, at Level 4, Lutwyche City, 543 Lutwyche Road, Lutwyche - has expressed the opinion that Roger (who she had been seeing since late 2017) had been suffering from depression since mid-2018 and had a background of alcohol abuse. This apparently worsened when he moved back in with his father, who had developed Alzheimer's disease, in October 2018 (into the house his father owned, at 4 Glass St, Ashgrove). He cares for his father as there are no other family members able to look after his father. He has not attended upon the psychologist since November last year.

Roger was given a notice to appear for the DOMV and was granted bail at his first appearance in the Brisbane Magistrates Court on 15 December 2018. His matter was set down for a committal with cross examination in the same court on 1 February 2019. He has provided instructions that he does not want to contest the DOMV charge but that he wants cross examination to focus on the speed he was travelling at the time of the offence as he says he was not speeding.

Roger was subsequently given a notice to appear in relation to a simple offence of drink driving that occurred on 8 January 2019. He appeared in relation to that offence on 22 January 2019 and pleaded guilty. He was fined and disqualified from driving for 6 months.

On 1 February 2019 Roger failed to appear at Court, his bail was revoked and a warrant issued for his arrest. He was arrested by Ashgrove police on 3 March 2019 and charged with Failing to Appear (s 33 Bail Act). He was brought before the Court the following day. He instructs that his night in custody, away from his Dad, was a significant shock to the system and has spurred him to turn his life around and get control of his drinking.

You will appear for Roger on 4 March 2019. He has instructed you to set the offence of Failing to Appear down for a summary trial (as he is contesting that charge) and the offence of DOMV for a new committal hearing. The next available date for appearance in the Brisbane Magistrates Court will be 27 June 2019. He has instructed you to apply for bail. The Police Prosecution has indicated it will be oppose bail on the grounds that he is an unacceptable risk of failing to appear and an unacceptable risk of reoffending. You can assume that for the most serious offence (the DOMV) upon sentence Roger will be on the cusp of either getting imprisoned or having a fully suspended sentence (which means he may be able to serve his term in the community rather than in prison).

INSTRUCTIONS -

EXERCISE: This assessment is designed to replicate the type of exercise you would be required to do in practice. You will be provided with a set of facts about an offence and an alleged offender. Acting as the advocate for the accused, you will be required to prepare written submissions for the bail application that you would make to persuade the court to grant bail to your client.

Attachment:- Assignment Files.rar

Reference no: EM132275585

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Reviews

len2275585

4/5/2019 12:42:04 AM

Word Count: 1000-1500 ( As per requirement). Need HD Quality work. FORMAT: The assignment should be typewritten on one side of the paper only. Footnotes should be used. Footnotes must not include matters of substance. Revise carefully for grammar and spelling errors, as marks will be deducted for such errors. A cover page should be used stating the name of the subject, your student number, the title of the assignment, and the word count. COPY OF ASSIGNMENT: A copy of the submitted assignment must be retained by each student. Although all care is taken by the Faculty with assignments submitted in the prescribed manner, the onus remains on each student to produce a copy of any submitted assignment in the event that it cannot be located by the School.

len2275585

4/5/2019 12:41:59 AM

WORD COUNT: 1000-1500 words (excluding footnotes, which must be non-substantive.) Credit will not be given for footnotes containing substantive material. The word count (must be stated on the cover sheet. Assignments which exceed the designated word count by more than 10% will be penalised by deducting 10% of the marks awarded. A student that enters an incorrect word count on the cover sheet could potentially face allegations of misconduct. Footnotes will be assessed for form and accuracy. Students will be expected to use the referencing method outlined in the Australian Guide to Legal Citation. ANONYMITY: The only identification is your student number. Students are not required to reveal their names.

len2275585

4/5/2019 12:41:53 AM

SUBMISSION OF ASSIGNMENT: An electronic copy of the assignment must be submitted by uploading it to Moodle via the link in the relevant week. LATE SUBMISSION: Applications for extensions should be made to the course coordinator before the due date and time of submission. Extensions on medical grounds should be supported by a medical certificate. Extensions on personal or emotional grounds may be granted, but only in exceptional circumstances. Extensions will ordinarily not be granted because of computer crashes or because of multiple assignments and clashes of due dates. It is the responsibility of students to manage their time efficiently and to take precautionary measures such as making backup copies when using computers. PENALTIES FOR LATE SUBMISSION: Where an assignment is not submitted on time, a penalty of 10% of marks awarded per day late, to a maximum of 60% of the marks awarded, will apply. Assignments that have not been granted extension will no longer be accepted a week following the due date.

len2275585

4/5/2019 12:41:47 AM

REVIEW OF GRADES: Students must apply for review within 14 semester days following release of the assignment marks. Students are warned that reviews can lead to marks being moved downwards as well as upwards. MARKING RUBRIC - Excellent writing style – concise, clear, logical and well-organised. Displays very high-level understanding and analysis of the law of bail as it applies to all of the issues raised in the facts. Very few or no spelling or grammatical errors. Very few or no errors in referencing style.

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