Assessment item 1 – Written Assessment
- It is early on a Saturday morning. You are working with Senior Constable Georgina Gordon in a marked police vehicle. You are both in full uniform.
- At about 1.15 am, Paige HANSEN is driving home after completing her shift at a local restaurant. Paige is 23 years old. She recently purchased a white 2019 model Mazda 3 sedan, NSW registration DB-02-AK.
- HANSEN is driving in the southbound lane of Mitchell Street, Rossiville. She stops at the intersection of McDermott Drive at a red traffic signal. She is the first car in a line of traffic at that intersection. There is one vehicle behind her.
- Mitchell Street runs north to south. It consists of a single lane of traffic in either direction. Bicentennial Drive runs east to west. It carries a higher traffic volume and consists of two lanes in either direction, divided by a concrete median. A speed limit of 60 km/h applies to both intersecting streets.
- At about 1.17 am traffic in both directions of Bicentennial Drive is given a red signal. There are no vehicles waiting. The traffic signal in Mitchell Street turns greens to proceed. HANSEN enters the intersection.
- At this time Eddie GREEN, 19 years old, is driving his father’s orange 2016 Ford Falcon utility, NSW registration FA-16-ST, east in lane one of Bicentennial Dr at the 60 km/h speed limit. GREEN has been drinking and does not realise the traffic signal has turned red he proceeds through the intersection and collides directly with the front offside of HANSEN’s car injuring her and trapping her in the vehicle.
- GREEN’s is not injured but his vehicle is unable to be driven. He gets out of the vehicle and sits by the side of the road. The driver and passenger from the vehicle behind HANSEN stop and provide aid. HANSEN is unconscious, and her breathing is laboured. She has obvious multiple fractures to right arm, as well as blood coming from a head injury.
- The entire crash has been captured in high definition on the dash camera from the vehicle behind HANSEN at the intersection. The crash also triggered the red-light camera as the utility proceeded into the intersection.
- Multiple emergency services personnel respond to the scene. The primary concern at this point is to stabilise HANSEN and extract her from the wreckage.
- At about 1.35 am Senior Constable Gordon and you attend the scene and are tasked with obtaining details from the witnesses and copies of their dashcam footage. You have both been able to view the footage.
- About 1.50 am you approached GREEN who is still sitting by the side of the road. After viewing his licence and establishing he was the driver you ask him for a version under Road Rule 287. He said, “I was just driving along I think I had too many drinks and I didn’t see the red traffic light and then I hit that poor girl’s car.“ You caution GREEN and ask him further questions. You place GREEN under arrest for breath analysis.
- About 2.30 am GREEN submits to a breath analysis and has a reading of 0.14 grams of alcohol. A check of GREEN’s criminal history and traffic record reveal numerous offences for fail to appear and PCA. You place GREEN under arrest and interview and charge him.
HANSEN was blood tested at the hospital and returned a negative alcohol reading. Her injuries include a compound fracture to her right arm which she will never retain from use. She has received three stiches from a head wound.
Make sure that you read the scenario critically and address in your answer any deficiencies in the information which would require further investigation.
Identify the relevant offence from the scenario list the Act, section/subsection, Law code, Indictment, and elements.
Discuss the legal application of each element with reference to the scenario. (30 marks)
Part 1 of Answer 1
Part 2 of Answer 1
Hint: Think about Defenses?
Hint: Who would you get statements from? Dashcam?
Hint: You can use heading/titles.
|Identifies the correct offence.
Lists with 85–100% accuracy the:
· Offence title
· Law code
Developed an exemplary discussion of the application of the elements using some academic research, the appropriate legislation, caselaw and examples from the scenario.
Discuss the lawfulness of the power used in the scenario.
In your answer make sure you address the requirements of the legislation and expand on all the relevant points of law including the use of safeguards. (30 marks)
Hint: Question is referring to power of arrest for breath analysis. Note, after the breath analysis fails you are likely arresting for a second time but for a different offence. (Note: two powers of arrest – different legislation). Form of demand thing – for alco
Hint: Highlight each action required by the legislation (e.g. safeguards, reasonable believe or suspicion).
Hint: Possible LEPRA s99 (3) also.
Hint: Don’t just copy and paste legislation
Hint: What safeguards and when? Would you do them twice?
Hint: Maybe declaring a crime scene?
|Outstanding explanation of the lawfulness of the power used substantiated with appropriate examples from the scenario caselaw and some external research.
Exemplary discussion of the requirements legislation/safeguards using good examples from the scenario and the applicable caselaw and evidence of external research.
Describe the evidence you would need to address in the interview with the suspect.
Your answer should address the elements of the offence the suspect can prove, any legislative requirements in relation to the form of the interview and evidentiary issues. (30 marks)
Hint: What are you going to question the POI about?
Hint: Assume the POI will admit everything. But if you don’t answer the right questions you wont get the right answers?
Hint: What do you need to adopt into an ERSIP? E.g. what do you want captured on tape, that has already happened (maybe at the scene)?
Hint: You can’t ERSIP a drunk person?
Hint: this quote is important – “I was just driving along I think I had too many drinks and I didn’t see the red traffic light and then I hit that poor girl’s car.“
Hint: Permission from custody manager, procedural, independent witness, receipts for disks. Also evidence act and criminal procedure act.
Hint: What type of offences, because that will change the ERISP format.
Hint: Possible questions – Who is driving vehicle? Did you see the red light? Was your view obstructed? What colour was the light? What was your reason for failing to stop at the red light?
|Outstanding explanation of the evidence that should be included by police.
Exemplary discussion of the requirements of the elements, the legislative requirements for the interview with the suspect and evidentiary issues. Students used good examples from the scenario and applicable caselaw and evidence of external research.