MLL334 T1 2023 AT2 - Final - Tagged

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MLL334 Evidence – Trimester 1 2023 Assessment Task 2 – Problem Solving – Individual DUE DATE: Thu 20 April by 8:00pm (Melbourne time) PERCENTAGE OF FINAL GRADE: 30% WORD COUNT: 2000 words (no leeway) Description Purpose This assessment will better prepare you for your final examination by providing you with a problem based ‐ exercise, focused on your problem solving skills, knowledge of the materials learned thus far (weeks 1 5), ‐ ‐ and ability to identify the relevant legal rules and apply them correctly to a particular scenario. It provides you with opportunities to identify, interpret and assess the rules of evidence (ULO1), to research, analyse and apply evidentiary standards to complex issues and present a persuasive argument for the admission of evidence (ULO2) and to critically assess, debate and evaluate court decisions and hypothetical scenarios (ULO3). By completing this task, you will enhance your discipline-specific knowledge and capabilities (GLO1), develop your skills in communication (ULO2), critical thinking (GLO4) and problem solving (GLO5) as a legal professional. As such, the feedback provided on this assessment will assist you to prepare for the final examination. While the final examination will include a more robust factual scenario, and cover the entire content of the unit, it is nonetheless similar in the way it requires you to approach the assessment task. This design is intended to further train you in legal problem solving – an important skill required for practice. Additionally, this ‐ assessment is designed to enable you to develop your written communication skills, which are essential for practice. Specific Requirement 1. Word Count The word limit is 2,000 words. There is NO 10% leeway and there is no minimum. Words beyond the word limit may not be read. The word count does not include footnotes. Note that footnotes are primarily for citations, not content. Substantive content in footnotes will not be read. Each question has a recommended word limit next to it. 2. Referencing To practice and enhance your legal writing skills, you will be required to correctly use the AGLC style of referencing (make sure you use the updated edition: 4th edition, 2018). 3. Scope This assessment task contains a hypothetical scenario designed so that you can apply your knowledge of basic evidentiary issues and the rules of evidence learned up to and inclusive of week 5 materials (introductory matters and proof, witnesses, documents and other evidence, admissibility, relevance, judicial discretions, and hearsay evidence and its exceptions). 1

MLL334 T1 2023 Assignment 2 The assessment requires you to identify the legal issues that arise in each scenario, to apply the relevant legal rules, and to demonstrate your acquired knowledge of the materials. It also requires you to demonstrate your written communication skills and ability to articulate legal arguments based on the materials learned. This is not a research assessment, and your answers should focus on the materials included in the classes, online videos and online materials, and in particular, the assigned readings for weeks 1 through 5. 4. Individual assessment This assessment task must be undertaken individually. Problem Scenario The King v Abbitt Mrs Camilleri was 91 years old. She lived in Middle Rd, Burwood, by herself. At about 2am, 23 October 2022, there was a burglary at her premises. She eventually managed to move to Mr and Mrs Sankoh’s house next door for help. She had bruises on her face and had broken her right arm. They let her in and helped her call the police, ambulance, and family. Mr Abbitt (21 years old) and Ms Daulton (19 years old) were investigated and arrested for this incident. Ms Daulton died of overdose of drugs at home three days after her bail application was granted. Mr Abbitt was charged for a series of crimes including aggravated burglary. His trial is taking place in April 2023. Crimes Act 1958 (Vic) provides: (1) A person is guilty of aggravated burglary if he or she commits a burglary and— (a) at the time has with him or her any firearm or imitation firearm, any offensive weapon or any explosive or imitation explosive; or (b) at the time of entering the building or the part of the building a person was then present in the building or part of the building and he or she knew that a person was then so present or was reckless as to whether or not a person was then so present. (1A) For the purposes of subsection (1)— … "imitation firearm" means anything which has the appearance of being a firearm, whether capable of being discharged or not; "offensive weapon" means any article made or adapted for use for causing injury to or incapacitating a person, or which the person having it with him or her intends or threatens to use for such a purpose. Question 1 (recommended word limit: 700 words) The police extracted footage from a surveillance camera installed in a car which was parked right opposite to Mrs Camilleri’s house. The recording shows two persons wearing black leather jackets coming towards the 2

MLL334 T1 2023 Assignment 2 direction of Mrs Camilleri’s house at 2:03am and leaving at 2:15am. The image did not capture the face of the persons, but showed the distinct prints of the Hell’s Angels insignia on the back of one of the person’s leather jackets. Later the investigators found a leather jacket with a similar insginia at the premise of Mr Abbitt, which shows a skull with wings wearing a helmet. While waiting for the police and the ambulance to come, Mrs Camilleri called her son Adrian with the assistance of Mr and Mrs Sankoh. Adrian did not answer, so Mrs Camilleri left a message in her mother tongue. Mrs Camilleri was an immigrant from Malta, moving to Australia in the 1980s. The message included Mrs Camilleri’s description of the incident and the perpetrator. The police extracted this recording and made a translated transcript. According to the translation, Mrs Camilleri described the perpetrator as a young man who held a weapon and was very violent. She also said that she was so scared, she was on the floor and could not move, and she got injured. The defence, however, disputed the accuracy of the translation due to the significant vocabulary from other languages used by Mrs Camilleri in her usual conversation with her family as well as in this particular conversation, such as Italian, Arabic, and Sicilian. Discuss the way of adducing, and the admissibility of: 1.1 The surveillance camera footage. 1.2 The translated transcript of the voice message. Question 2 (recommended word limit: 1000 words) Mrs Camilleri was the only eyewitness of the incident. She was 91 years old at the time of the incident and her English language skills were limited. She suffered from mild chronic health situations such as hypertension and diabetes and was in hospital for a couple of weeks for liver issues in September 2022 and March 2023. Mrs Camilleri suffered from dementia in the last 10 years ago, but the symptoms were mild initially. Her symptoms worsened in the past couple of years, including loss of memory, difficulties in finding words, and difficulties in handling complex tasks and problem-solving. Despite that, she still lived by herself until January 2022, when her granddaughter Kaia started to stay overnight from time to time because she started studying at Deakin Burwood campus, and as Mrs Camilleri’s health continued to deteriorate. Mrs Camilleri has suffered from post-traumatic stress disorder (PTSD) since the incident, the symptoms of which include nightmares, anxiety, uncontrollable thoughts about the incident, etc. She has had a few counselling sessions since the incident. Mrs Camilleri talked to various people after the incident. The first conversation was between Mrs Camilleri and Mr and Mrs Sankoh at the latter’s premises immediately after the incident. When being interviewed by the police in the morning of 23 October 2022, Mr Sankoh told the police that Mrs Camilleri told him two strangers holding guns broke into her house and took her valuables away from her entire house. When being called to testify, however, Mr Sankoh insisted that Mrs Camilleri only told him she saw two people in the living room, and they took the valuables away, but did not mention anything further. Constable Yeoh accompanied Mrs Camilleri at the hospital and waited for her to be treated. Her body camera captured Mrs Camilleri talking to Constable Yeoh shortly after the incident, in which she explained that she had bruises on her face because she tripped over when she was trying to get her cell phone. Mrs Camilleri also said that she was so scared when hearing strangers’ voice in her house and could not recall what happened next. A formal VARE (Video and Audio Recorded Evidence) interview took place 2 days after the incident, at 10am, 25 October 2022. In this interview Mrs Camilleri stated the following: She was in the bed and heard some noises from her living room. She thought it was Kaia, so she got up from the bed and called Kaia’s name to check what was happening. What she forgot, however, was that Kaia was not staying at her house on that day. She realised that she was wrong when she heard the voice of some strangers, so she returned to her 3

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