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PART A – Letter to Prosecutions Jim asks you to do the following: Write a letter to Southport Police Prosecutions requesting the police material and Blake’s criminal and traffic history. Ensure that...

PART A – Letter to Prosecutions

Jim asks you to do the following:

Write a letter to Southport Police Prosecutions requesting the police material and Blake’s criminal and traffic history.   Ensure that you include in your correspondence, the details that you can provide to Prosecutions so they are provided with information to obtain the material easily and send it to your office.
For example, full name, dob, charges, next mention date and so on.
You will be assessed on your ability to identify important information, draft a letter that is clear, concise and professional and is on the firm’s letterhead (Hint – create the letterhead and this should be a new page for the letter)

PART B – Short Answer Questions

1.    Jim is a Legal Aid Preferred Supplier in criminal law for Legal Aid Queensland.
a.    Explain what the term “Preferred Supplier” means
b.    Detail what Jim can do for a client as a “Preferred Supplier”
c.    Detail  what Jim had to do to become a preferred supplier.+

2.    If Blake did not have Jim as his lawyer, considering the charges, would Blake have been able to see and use the Duty Lawyer from Legal Aid at the Southport Magistrates Court to represent him?   Explain your reasons for your answer.

3.    Blake has been charged with the Public Nuisance Offence (as above), however, refer to the offence under Section 69 of the Criminal Code 1899 of Going Armed so as to cause fear. Read and compare the facts that Blake has given to both offences.     Explain which offence you believe the facts relate to more and which offence would be successful for the prosecution.    Outline your reasons for your decision.   (not more than 500 word)

4.    If Blake pleads guilty or is found guilty of the three charges on his Bail Undertaking, list the penalities given under the legislation for each of the offences..

5.    You are told that the damage caused was about $5,000 worth.   Answer the following questions in relation to this:
a.    Explain the difference under criminal law between restitution and compensation.
b.    Is the $5,000 in this scenario compensation or restitution
c.    Would Blake be responsible for the whole amount? Explain your answer.
d.    If Blake was ordered to pay money for damage then outline the methods that would be available for Blake to pay this debt.

6.    When Blake’s charges are finalised at court, despite whether he pleaded guilty or was found guilty after a trial, the Magistrate/Judge has to sentence Blake.
a.    Provide the name of the Legislation that guides Magistrates/Judges in what to give offenders as a penalty.
b.    List six considerations that a Magistrate/Judge takes into account about an offender when sentencing.



Oct 07, 2017
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