Legal Case Analysis: Ken Daon - Culpable Homicide not amounting to Murder

Our Ref: Ken Daon 18/SBM/SC/ 25th September 2018
Director: Steve Shaw
Contact: Dulith Sangakkara
Email: [e-mail]
To: Director, SBM Legal.
From: Dulith Sangakkara 32993083
Subject: Ken Daon – Culpable Homicide not amounting to Murder
INTRODUCTION
Our Client Ken Daon, a truck driver who was involved in a motor vehicle accident dated 23 rd
October 2015 which resulted in the death of Mellisa Orr. Mellisa was a long-distance truck
driver who was at the time of the incident driving between the stretch from Perth to Albany.
Her truck collided with Ken’s truck 35 km south of Williams on the Albany Highway. The
other truck was driven by Ken Daon and it pulled up from Arthur River by loading large
consignment of wheat. The police were initially unable to obtain a statement from Ken as he
was too distraught following the accident. However, when the police came to obtain his
version of the events that transpired on that fateful day, his legal counsel prevented him from
divulging too much information. Being a representative of SBM Legal we have been
requested to act on behalf of Ken Daon who might be facing charges of involuntary
manslaughter.
Executive Summary
From the case scenario given before us, it is clearly evident that Ken Daon is going to be
charged with involuntary manslaughter as evidences are strongly stacked up against him. The
prosecution on their part are going for trial by developing the trial theory that Ken was
driving too fast at the time the accident took place. He made the mistake of not realising the
road conditions ahead and was not driving in a manner that would have enabled him to react
in a justifiable manner to a reasonably foreseeable incident. This prevented Ken from seeing
the truck (driven by Mellisa) which was coming from the blind hill out of Arthur River and
this eventually resulted in a direct collision between their trucks. This eventually resulted in
the death of the other truck driver leaving Ken partially shocked but without any serious
physical injuries.
Going through the eye-witness accounts regarding the case, there is strong reason to believe
that Ken was mainly responsible for the accident that took place on Albany Highway. A local
farmer who was driving up behind Mellisa’s truck but eventually managed to avoid getting

caught up in the accident was the first person to help Ken out of his truck. The farmer
revealed that Ken’s first words after coming out from the truck were that he screwed up big
time. The farmer’s son Jack was traumatised after witnessing the accident as he was only 6
years old during that time.
SBM Legal, who is representing Ken in this case has received a formal police disclosure
some time back which contained the coroner’s report. In that coroner’s report, evidence has
been found regarding the presence of amphetamine in Mellisa’s blood and this has been
further corroborated by Mellisa’s partner. Mellisa’s partner has claimed that she was
suffering from ADHD and was taking medications for the same which enabled her to
improve her concentration levels.
Sargent Whittle who has been in charge of Williams police station for the last 12 years and is
assigned the responsibility of investigating this case has found incriminating evidence of skid
marks that have been left by the truck driven by Ken. According to Whittle, the skid marks
clearly indicated that Ken was driving well above the speed limit of 80 kmph thereby making
him guilty of overspeeding.
Furthermore, the past criminal record of Ken is another main factor which weakens his case
and increases the possibility of his conviction for involuntary manslaughter. Ken has had a
string of driving related offences and the majority of them are for over speeding. He also had
a record of driving under the influence and he was also convicted 10 years ago for rash
driving that resulted in the death of a person. Considering all the evidences that are stacked
up against him, it is likely that Ken is going to have to spend a significant time in prison due
to his role in the accident which resulted in the death of Mellisa.
Issues arising out of the boy’s evidence:
The most important issue is the admission of the statements made by the boy in a court of
law. The boy was in a traumatised condition when he recorded his statement with the police.
Moreover, he was only 6 years old during the time when he witnessed the accident and this
has a deep and everlasting impact on his mind. If the boy is brought to the court as a witness
for the case, it is highly unclear whether he would be able to remember everything that
happened on that day. There is a lot of doubt and apprehension about whether the boy would
be able to present all the facts in a correct and truthful manner that was recorded earlier by
the police as evidence. Any mismatch between the two statements and the court would be
able to dismiss the evidence terming it inadmissible. The boy could be considered to be a