LLB303 Prepare an advice on evidence related to court advocacy.

FACTS AND INSTRUCTIONS

Jack has been charged with one count of trafficking in dangerous drugs pursuant to s 5(1) of the Drugs Misuse Act 1986 (Qld). The indictment also includes a circumstance of aggravation pursuant to s 5(2) of that Act.

Jack had been acquainted for over 12 months with a group of three men who he knew to be involved in the distribution of methamphetamine in Brisbane. The Crown case is that these men constituted a criminal organization within the meaning of s 161O of the Penalties and Sentences Act 1997 (Qld). Jack has always maintained, however, that up until the events giving rise to the current charge, he had never been involved in any of the criminal activities of this group, but that he merely mixed with them on a social level, drinking and partying.

On the material day, one member of this group (Simon), told Jack that the men needed Jack to take a package to a local pub at noon and to hand it to a man named Carl. Jack was surprised by this request as he had never been involved in any such dealings before and had never expressed an interest in the criminal activities of the group. He initially refused to make the delivery. Simon replied that Jack would regret it if he refused to take part. When Jack asked what Simon meant by that, Simon said nothing but formed his fingers into the shape of a gun and held the fingers to Jacks head. The defence does not dispute that the relevant package contained a quantity of methamphetamine.

Jack subsequently decided to deliver the package as requested by Simon. Unfortunately for Jack, Carl was an undercover police officer (Detective Constable Smith). When Jack handed the package over, Smith then arrested him. Jack pleaded with Smith not to charge him because the deal was really the work of three other men.

Smith conducted a body search of Jack during the arrest and found a small 2022 diary in Jacks shirt pocket. In that diary were the names and phone numbers of the men who police later asserted constituted the criminal organization. The diary also contained an entry that Jack had written which read I am sure these blokes have murdered people, they are always bragging about it. They are scary dudes.

During the Crown case, the prosecutor asks Constable Smith if he can recall the names of the men whose names Jack said had organized this drug delivery. Smith said he wasnt certain of their full names. When asked if there was anything that might help his memory, Smith referred to the diary he had taken from Jack and leave was granted for him to refresh his memory from that diary. When the diary was produced, the prosecutor asked the judge, in the absence of the jury, the entry which read I am sure these blokes have murdered people, they are always bragging about it. They are scary dudes, be ruled inadmissible if the Defence sought to have the diary tendered into evidence.

The Crown also sought to tender an audio recording made by Constable Smith on his smartphone immediately prior to the arrest. On that recording a man can be heard saying Here is the stuff, take it quickly because I want to get out of here fast. During his oral testimony, Smith identified the recording as being the one he made at the material time. The man in the recording can also be heard saying Come on Carl, I need to get home to check on my hydroponic weed crop. Defense counsel objects to this recording being admitted into evidence.

At trial, Jack has chosen to give evidence in his defense. Defense counsel asks Jack during his evidence-in-chief, why he decided to deliver the package. Jack described what Simon had done with his fingers and said that he interpreted that as a threat that he would be killed if he refused. The prosecutor objects to this response and asks the judge to rule it inadmissible.

Advise on the following:

1. The way in which the diary was dealt with in court and whether the prosecutors request for the note within it which the Crown sought to have excluded was likely to be successful.
2. Whether the Defence would succeed in having the audio recording excluded.
3. Whether the Crowns objection to the evidence of Jack about Simon holding his fingers to Simons head in the shape of a gun is likely to be upheld.

FURTHER ADVICE

The CRA refers to 2 criteria: Content and Form. The below explanations provide additional guidance as to what is expected of you in relation to each of the criteria:

• Content (15%)

Content refers to whether the law has been correctly understood and applied appropriately to the facts. Your work should refer to applicable cases and legislation through footnotes. Any irrelevant and/or incorrect application of the law to the facts will be penalized.

• Form (5%)

Form includes both the format of the written advice and the professional use of language. By format we mean that there is a clear, logical and effective structure to how you organize your advice. By professional use of language we mean that you eliminate any errors of spelling or grammar, avoid awkward or confusing language and that you write in a way which is precise, concise and accurate.

The word limit/page limit of 1500 words/6 pages will be strictly enforced (no leeway). Both these requirements must be met. We will be able to check easily since the assessment is being marked online. Any content after 1500 words/6 pages will not be taken into consideration for the purposes of marking. A title page containing your name, student number and a word count must be provided. This title page will not count as one of the six pages.

Headings should be used to easily and clearly delineate issues. You can choose how to structure your advice but remember the Form criterion.

Appropriate sentence structure and expression includes the correct use of grammar, punctuation and spelling, as well as general sentence structure and a plain English writing style. Please make sure you check and recheck your work to eliminate these kinds of errors. Often reading it out loud can help expose problems. Plan your time well so that you can finish an initial draft and come back to it in a few days; this can give you some critical distance to spot errors.

Please ensure all authorities are correctly referenced according to the Australian Guide to Legal Citation. This includes cases and legislation provided in footnotes. There should be no citations in the main text and no substantive content in the footnotes.