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Added on: 2024-11-21 09:00:22
Order Code: SA Student luka Law Assignment(10_23_37810_703)
Question Task Id: 497353

Document Reference: 23/209

[Insert Date]

Chief Inspector Dinmore

Officer in Charge

Westside Police

Subject: Statements and Interviews Report

Reference: Incident Report 23/U58354; Apprehension Report 23/E56721

Dear Chief Inspector Dinmore,

This report critically discusses the admissibility of evidence collected from the victim, witness and co-offender about the offences committed at 16 Ferngrove Drive, AURORA.

For your information and consideration,

[insert your name]

Probationary Constable

Westside Police

[Use the following report headings. Word amounts are indicative. Type in black 11 or 12 font. Delete these instructions and the instructions that appear under each report heading before you submit your report]

background

In narrative form, briefly introduce admissibility issues evident in the statements by Mandy Fowler and Maude Shelstrop; and Derek Fowlers record of interview and phone tap. NOTE: Avoid retelling the story of the crime in this section. (Approx. 50 words)

Mandy fowler and Maude Shelstrop

Critically discuss any relevant evidentiary issues arising from Mandy Fowlers and Maude Shelstrops statements. Evidentiary issues may concern competence, compellability, vulnerability, hostility, and compliance with recording and drafting procedures. Support your discussion with theory (textbook/scholarly articles) and law (statutes/case law). (Approx. 700 words)

Derek fowler

Consider the provisions set out in the Telecommunications (Interception and Access) Act 1979 (Cth) in relation to the phone tap together with the specific rule against inducement and voluntariness in relation to admissions and confessions.

Critically discuss whether prosecutorial discretion should be applied. To do this, you will consider whether Derek should receive indemnity, or is eligible to be a 'supergrass' witness for the prosecution, or whether charges should proceed against him without prosecutorial discretion. Support your discussion with theory (textbook/scholarly articles) and law (statutes/case law). (Approx. 700 words)

Recommendations

In narrative form, conclude with clear recommendations about the following:

Whether Mandy and Maude are competent, credible, and compellable witnesses and whether their evidence is admissible. Recommend what if any, corroborative evidence should be considered by detectives.

Whether the phone tap on Dereks phone complied with legal procedure; whether he was induced or coerced into making statements during interview; and whether he eligible to be a supergrass witness for the prosecution, or receive indemnity, or whether charges should proceed against him without prosecutorial discretion.

(Approx. 50 words).

Reference List

Check that you have incorporated in-text references where appropriate in the sections above. List your references in full here and in alphabetical order, according to the APA 7 method. The reference list is not included in the word count.

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