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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MLL334 T1 2023 Assignment 2 bed to get her cell phone. It was just then a man entered her bedroom, knocked her down with something like a gun, and forced her to face down, took her valuables in the room and ran away. 2.1 Discuss Mrs Camilleri’s competence and compellability. 2.2. Assuming that Mrs Camilleri was deemed as unavailable to attend the trial and testify. a) If you are the prosecution, you now realise that Mr Sankoh was giving a story different from the interview record. Taking into account both the way of questioning and the admissibility of evidence, how would you proceed with the examination-in-chief? b) Discuss the admissibility of the conversation captured by Constable Yeoh’s body camera and the content of the VARE video. Question 3 (recommended word limit: 300 words) During the investigation, the police interviewed Ms Daulton several times. One of the recorded interviews took place on 26 October, during which Ms Daulton admitted that she and Mr Abbitt committed the crime but insisted that neither of them knew that there was someone at home, nor did they bring any weapon or intend to hurt anyone. Ms Daulton stated that they hung around in the Burwood area the month before the incident looking for potential targets, and they did not see anyone living in this house (which was the period of time when Mrs Camilleri was in hospital). Ms Daulton also insisted that neither of them had met Mrs Camilleri during the incident. The prosecution decided not to adduce this evidence during the trial. Do you think the prosecution’s decision is justified? Discuss in the context of the general principles of evidence law and rules governing burden and standard of proof. Please assume the evidence is at least not clearly inadmissible and DO NOT discuss the admissibility of this evidence (eg., hearsay, admission) for the purposes of this question. Specific Requirements Learning Outcomes This task allows you to demonstrate your achievement towards the Unit Learning Outcomes (ULOs) which have been aligned to the Deakin Graduate Learning Outcomes (GLOs). Deakin GLOs describe the knowledge and capabilities graduates acquire and can demonstrate on completion of their course. This assessment task is an important tool in determining your achievement of the ULOs. If you do not demonstrate achievement of the ULOs you will not be successful in this unit. You are advised to familiarise yourself with these ULOs and GLOs as they will inform you on what you are expected to demonstrate for successful completion of this unit. The learning outcomes that are aligned to this assessment task are: Unit Learning Outcomes (ULO) Graduate Learning Outcomes (GLO) ULO 1: Identify, interpret, and assess the rules of evidence that govern the information that courts can consider in deciding upon disputed issues of fact. GLO1: Discipline specific knowledge and capabilities ‐ GLO4: Critical thinking ULO 2: Research, analyse and apply evidentiary standards to complex issues GLO1: Discipline specific knowledge and capabilities ‐ 4

MLL334 T1 2023 Assignment 2 and present a persuasive argument for the admission or exclusion of the evidence. GLO2: Communication ULO 3: Critically assess, debate, and evaluate court decisions, as well as hypothetical fact scenarios, on the ‐ admissibility of evidence, incorporating evidentiary standards, substantive law, comparative law, and policy considerations. GLO1: Discipline specific knowledge and capabilities ‐ GLO4: Critical thinking GLO5: Problem solving Submission You must submit your assignment in the Assignment Dropbox in the unit CloudDeakin site on or before the due date. When uploading your assignment, name your document using the following syntax: <your surname_your first name_your Deakin student ID number_[unitcode].doc (or ‘.docx’) . For example, ‘Jones_Barry_123456789_ABC123.doc’. Submitting a hard copy of this assignment is not required. You must keep a backup copy of every assignment you submit until the marked assignment has been returned to you. In the unlikely event that one of your assignments is misplaced you will need to submit your backup copy. Any work you submit may be checked by electronic or other means for the purposes of detecting collusion and/or plagiarism and for authenticating work. When you submit an assignment through your CloudDeakin unit site, you will receive an email to your Deakin email address confirming that it has been submitted. You should check that you can see your assignment in the Submissions view of the Assignment Dropbox folder after upload and check for, and keep, the email receipt for the submission. Marking and feedback The marking rubric indicates the assessment criteria for this task. It is available in the CloudDeakin unit site in the Assessment folder, under Assessment Resources. Criteria act as a boundary around the task and help specify what assessors are looking for in your submission. The criteria are drawn from the ULOs and align with the GLOs. You should familiarise yourself with the assessment criteria before completing and submitting this task. Students who submit their work by the due date will receive their marks and feedback on CloudDeakin 15 working days after the submission date. Extensions Extensions can only be granted for exceptional and/or unavoidable circumstances outside of your control. Requests for extensions must be made by 12 noon on the submission date u sing the online Extension Request form under the Assessment tab on the unit CloudDeakin site. All requests for extensions should be supported by appropriate evidence (e.g., a medical certificate in the case of ill health). 5

MLL334 T1 2023 Assignment 2 Applications for extensions after 12 noon on the submission date require University level special consideration and these applications must be must be submitted via StudentConnect in your DeakinSync site. Late submission penalties If you submit an assessment task after the due date without an approved extension or special consideration, 5% will be deducted from the available marks for each day after the due date up to seven days*. Work submitted more than seven days after the due date will not be marked and will receive 0% for the task. The Unit Chair may refuse to accept a late submission where it is unreasonable or impracticable to assess the task after the due date. *'Day' means calendar day for electronic submissions and working day for paper submissions. An example of how the calculation of the late penalty based on an assignment being due on a Thursday at 8:00pm is as follows:  1 day late: submitted after Thursday 11:59pm and before Friday 11:59pm– 5% penalty.  2 days late: submitted after Friday 11:59pm and before Saturday 11:59pm – 10% penalty.  3 days late: submitted after Saturday 11:59pm and before Sunday 11:59pm – 15% penalty.  4 days late: submitted after Sunday 11:59pm and before Monday 11:59pm – 20% penalty.  5 days late: submitted after Monday 11:59pm and before Tuesday 11:59pm – 25% penalty.  6 days late: submitted after Tuesday 11:59pm and before Wednesday 11:59pm – 30% penalty.  7 days late: submitted after Wednesday 11:59pm and before Thursday 11:59pm – 35% penalty. The Dropbox closes the Thursday after 11:59pm AEST/AEDT time. Support The Division of Student Life provides a range of Study Support resources and services, available throughout the academic year, including Writing Mentor and Maths Mentor online drop ins and the SmartThinking 24 hour writing feedback service at this link . If you would prefer some more in depth and tailored support, make an appointment online with a Language and Learning Adviser . 6

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MLL334 T1 2023 Assignment 2 Referencing and Academic Integrity Deakin takes academic integrity very seriously. It is important that you (and if a group task, your group) complete your own work in every assessment task Any material used in this assignment that is not your original work must be acknowledged as such and appropriately referenced. You can find information about referencing (and avoiding breaching academic integrity) and other study support resources at the following website: http://www.deakin.edu.au/students/study-support Your rights and responsibilities as a student As a student you have both rights and responsibilities. Please refer to the document Your rights and responsibilities as a student in the Unit Guide & Information section in the Content area in the CloudDeakin unit site. 7