(Doc) How to write a Memorandum
Added on 2021-04-16
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MEMORANDUMMEMORANDUM TO: XYZ, High Court in Her Majesty (Judge)FROM: XYZ, Advocate DeputeDATE: July, 24 2018FILE Number: XXXXX SUBJECT: A case of Agar Gulbis and Lauris Gulbis, where the husband has madesexually aggravated assaults against his wife. ObjectiveThe memorandum represents the potential issues of admissibility of the evidencesalong with the competency of witnesses. It further assesses the evidence’s strengthand the approach which could be considered with the response of the charges. Factsa)The accused (Lauris Gulbis) is accused of attempting sexuallyaggravated assault on his wife (Agar Gulbis).1b)Agar has scarves of burns on her breasts, using a lit light bulb. c)There are many evidences to prove that the accused, Lauris hascaused all the harm to Agar. d)There are also witnesses who support Agar. e)The convictions had not been disclosed to the Law Society ofScotland.2Issues1'Sex, Young People And The Law' (Nhsborders.scot.nhs.uk, 2018). 2'Investigation And Prosecution Of Sexual Crimes: Review - Gov.Scot' (Beta.gov.scot, 2018).
1)The historic ruling states that a husband could be charged for raping theirwives, even when the couple live together.2)The husband who is convicted of the sexual assault can be put into criminaltrial.3Assumptions1)According to the Scotland Act of 2009, sexual offences are reformed by theScots law, which helps with the consent and provides confirmation that fromthe victim physical resistance is not needed, for the offence to be committed.42)Lauris can be convicted as a rape accused.5Thus, according to this Act, Agar could have complained right in 2015 and theproblem could have not increased at all. Admissibility and WitnessesThe witnesses are listed below: 1)Sergeant Elspeth Sawyer, Police Scotland Domestic Violence Unit, Glasgow2)Mary Moran 3)Ronnie Atkins 4)Darren McPhee, proprietor of “Darren’s Dodgems5)Mrs Inese Rubenis (Agar’s Mother)Under Criminal Justice (Scotland) Act 2016, the following will be recorded: Arresting time and place.Nature of the offence.Arresting reason By whom the person was advised of rights Name3'Judges Rule On Rape Within Marriage' (HeraldScotland, 2018).4'Equally Safe - Reforming The Criminal Law To Address Domestic Abuse And Sexual Offences' (Gov.scot, 2018).5'Sexual Offences (Scotland) Act 2009' (Legislation.gov.uk, 2018).2
Date of BirthPlace of BirthNationalityPerson’s AddressReply by the Arrested Person. Time and place of the place transported to.Under Arrest Authorisation from Criminal Justice (Scotland) Act 2016, Lauris initiallyis ‘Not Officially Accused’ and will be sent for a set of tests, based on the suspicion.6Possible Issues(1) Hearsay (HS)HS rule: The evidence of complaint is admissible pursuant according to s 66 for theEvidence Act. Because, for the evidence of the accused or the sexual assaultcomplainant. It is an exceptional evidence for the HS rule. Only when thecomplaint is, crisp in the memory, it is admissible. Based on the Evidence Act,the High Court considered the ‘fresh’ hours and days instead of weeks andmonths (Graham v The Queen at 608 [4]). The complaints that are historicalaren’t admissible until it has some restored complainant’s credibility pursuantto s 108(3). Kara Shead, 'Responding To Historical Child Sexual Abuse: AProsecution Perspective On Current Challenges And Future Directions' (2014)26 Current Issues In Criminal Justice.On 20th March 2018, the reports provided from the Psychiatrist, DianaDonaldson, MD, ChB, PhD, FRCPsych, suggest that an experienced specialisthas examined Mrs Agra Gulbis. The therapist states that there are extremepost-horrible pressuring issues that are causing Agar to constantly attempt tosuicide. Mrs Gulbis was admitted to Gartnavel Royal Hospital as a mentalpatient on 26th February 2018, from Gartnavel General Hospital. Her mentalwellbeing decayed altogether on 25th February after a visit by her nearbyneighbour. According to the analysis of Agar today, the court is reported6'Police Service Of Scotland' [2016] Police Notebook – Form 099-001.3
about her current condition and it is extremely plausible that this willhazardously increase her self-destructive sentiments, regardless of whethershe needs to give prove with the advantage of exceptional measures. AndMrs Agar Gulbis is a patient in the hospital named as, Gartnavel Royal, underthe Mental Health (Care and Treatment) arrangements based on the(Scotland) Act 2003.As per 25th February 2018, the testimony of Dr Edna Evans, MD, ChB, FRCP, theConsultant Physician of Agar from the hospital, Gartnavel General HospitalGlasgow, states that, on 20th February 2018 at 9.00am Agra Gulbis is confirmedto have had sexual intercourse in the past 12 hours, because the semen traces ofher husband were found in her vagina. This proves that Lauris is an accused. Onthe other hand there were bruises on the forearms and shoulders of Agar Gulbis.These injuries are caused due to forced sexual attempt. Moreover, Agar’s leftside of the head was bruised, due to being consistently struck to a bluntinstrument. Even burn scars on her left breast is found, which is about 2 inchessquare. This injury might be caused between two and three years from now, withan object like a lit light bulb. The injury doesn’t seem to be unintentional. The testimony of Pat Boyd, BSc, PhD, Police Scotland Forensic Scientist’s reporton 28th February 2018 prove the results against Lauris. For example the DNAtest, fingerprints, hair fragments and the blood residues found on the bronze tablelamp. Mary Moran's testimony state that she despised Friday evenings in view of Lauris'yelling, which she could hear through the divider between the two rooms. Shedidn't get much rest on any Friday night till it was 3.00 am of Saturday. In anycase, things went to a genuine head on the nineteenth of February – that was aFriday. She couldn't get the chance to rest. There was yelling and uproar fromthe moment Lauris entered home from the bar. Sooner or later, Mary heardLauris say that, when compared ot her secretary, Agar is not good and hesounded more hateful than irate and it was even unpleasant. I enquired aboutAgar through telephone, but she found no response. Only after 15 minutes she4
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