Detailed Office Memorandum: Wong vs. Constable Ambrose Case Analysis

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This office memorandum analyzes the case of Wendy Wong vs. Constable Ambrose, focusing on an alleged assault incident. The memorandum details the events leading to the lawsuit, including the initial traffic stop, Wong's behavior, and the subsequent confrontation at her home. It presents the defendant's case, including statements from Constable Ambrose and witness accounts from Senior Constables Smythe and Jago, who were present during the incident. The legal arguments center on the validity of Wong's claims, the evidence presented, and the application of civil standards of proof. The memorandum also includes a review of the medical evidence, which showed pre-existing injuries. The document concludes with a discussion of the legal defenses and potential outcomes of the case, referencing relevant legal precedents and the testimonies of the involved parties. The document is a detailed analysis of the case, including statements from all parties involved and a review of the medical evidence.
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Office memorandum of law.
To:
From:
Date:30th March 2016.
Case: Wong vs Constable Ambrose.
Office fill no:
Docket no:
Re:
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Assessment of the assignment.
Wendy wong vs consolable ambrose.
You have asked me to prepare a memorandum involving the case between wendy wong and
ambrose .wong who decided to sue constable Mr Ambrose, who was a member of a police
officer, Wendy was suing ambrose for assault which took place on 30th March 2016 according to
the filled case. The defense of constable ambrose will depend on the evidence from the two
witnesses who were in the scene at the time Wong was claiming she was allegedly assaulted by
ambrose, and the two witnesses were senior constable Smythe and constable Jago.
The case that wong petition that there was also a financial loss when she assaulted, was ignored
because it was a minor claim.
The defendant requested that plaintiff is to go medical examination so that it can be
recommended and the report from the doctor there was no evidence found at the time that wendy
was claiming that she was assaulted, no injury at all and the only evidence viewed from the x-ray
taken on 2017 shows minor damage that was a fractured left cheekbone and a broken nose and
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just small soft tissue injuries. According to the report from the doctor, these injuries were
persistent and had a history.
The case was filled to be heard in the county court of VIC court of NSW which is located on the
11 court locations outside of Melbourne which is across Victoria the locations are Bairnsdale,
Ballarat, Bendigo, Geelong, Horsham, Latrobe Valley (Morwell), Mildura, Shepparton,
Wangaratta, Warrnambool, and Wodonga (Henry & Powell, 2016.p.397-418).
As I am for the accused or defendant, I have the below submissions.
The defendant's case.
The internal disciplinary continued with the case and filed the lawsuit against constable ambrose
because of the complaint from wendy wong. An inspector had Wendy's matter and dismissed her
complains the inspector relied on the statement made because he never received any tangible
evidence. The inspector referred her judgment to a civil stand of proving applies by Birkinshaw
vs. Birkinshaw (1938)60 CLR 336. The evidence that Wendy tried to produce does not satisfy
beyond a reasonable doubt, so I will dismiss the case as I based my judgment on the civil stand
(Alimardani & Chin, 2019.p.255-270).
STATEMENT OF CONSTABLE ALBERT AMBROSE.
The accused is serving as a constable of police at MEADOWVALE police station who has been
serving a constable for the eighteen months. My client has the first contact with Wong on 1st
march 2018 which my client saw Wong driving an old ford falcon sedan in river road, this car
was extremely noisy and producing a lot of smoke from the exhaust, this car was not roadworthy.
Mr. Ambrose stopped Wong to inspect her vehicle, which was not roadworthy in many
approaches, and it was dangerous for her and other road users, and he told Wong that she could
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no longer use her car. She is supposed to lower away. The vehicle was carrying several children
who were continually screaming and fighting with each other. According to my statement which
was written by the accused Wong became extraordinarily abusive and started yelling at constable
Ambrose loudly and proceed severally. She created a scene that other women stopped and
looked at her this made Constable Ambrose warn her that if she continued with her noise, he
would charge her, Wong refused to get out of her car and she up her window as accused was
trying to reason with her. Because time was passing by and the accused had many jobs to do so
he left the scene while Wong was still in the car. After a short period, the accused came back and
got Wong has disappeared, and Mr concluded that Wong did not call the low truck. Still, it seems
Wong drove that car away and went to 15 wattles where he saw Wong's on the driveway. When
the accused went to touch the bonnet he got the bonnet was still warm, and this made him
concluded what Wong had driven the car home which is not okay with the road safety, this made
the accused to knock the door of number 13, but no one answered though he saw blind
movements in the house (Steele, 2014.p.467-497).
On 30th March when constable ambrose was performing his mobile traffic duties with his
believe that he saw Wong's car in the river road but due to traffic ambrose was not able to catch
up with the Wong's car but later drove to 15 wattle street and saw Wong's car parked along the
driveway, when he touches the bonnet it was still warm which indicates that Wong had driven
her car recently. When Wong came out of the house, she started screaming and also abuse my
client in degrading language. Even elderly neighbors can out and started watching the event,
which my accused conclude that Wong has been drinking or was on drugs, and my client did not
reply to her and my client went back to the station, and he reported the matter to the sergeant of
the station about the incident. The sergeant directed my client to take them to Wong's address,
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senior constable Smythe and senior constable Jago went with my client constable ambrose to
Wong's address (Cunneen, 2014.p. 386-407).
My client, who was accused of assault, was accompanied by the police van with senior
constable Smythe and senior constable Jago, and due to senior constable Smythe had
trusted constable Ambrose he preferred them to arrest Wong due to she violated the traffic
law. The crime was severe,including driving an unroadworthy car and was informed that
he is not even supposed to have a warrant to enter the premises, three of hem walked to the
into the Wong's property and they knocked on her firm on the front door" if you don't
have an arrest warrant, I'm not opening the door," which was said by Wong, my client
replied to Wong that she should open the door (Jain, 2016.p.111).
Wong did not respond, and it forced the police to push themselves inside (Molloy & Stiles,
2019. p.20). My client saw Wong on the adjoining living room, as ambrose was walking
towards Wong as he said you are under arrest , Wong decided to rush towards Mr.
Ambrose and started grabbing his shirt, tearing it down. The accused tried to push her off
him, but Wong was already put her hands on the face and started clawing ambrose. My
client decided that the be the best way to deal with Wong was to pin her arms to her side as
he did this he lost his balance as my client tried to restrain her. They fell on the floor which
causes Wong's face to strike on the nearby chair which Ambrose was able to control Wong,
but he noticed that Wong was bleeding on the front and Wong continued struggling until
the other police offices managed to put her inside the police van. Wong kept screaming and
abusing and struggled with violence on the three policemen, and many people were
gathering to watch the incident (Malcolmson, 2017. p.58).
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When I was still in the house he noticed the strong smell from cannabis, and it means that she
was on drugs too and after my client and other two senior police officers returned to the police
station senior constable Smythe planned an interview which he was recording and my client also
collaborated in the conversation.
The assault that Wong was complaining about occurred because of her violence. If she could
have cooperated, no injuries were to happen.
The same case was petitioned by another woman claiming that she was assaulted by console
ambrose, which was dismissed due to she reacted the same as Wong, and there were many
witnesses (Morris, 2014.p. 355-394)..
Statement of senior constable Smythe.
Statement of senior constable Jago.
They both witness say how Wong reacted to the, and all say how Wong tried to attack
constable ambrose, and the injury was for her fault (Gooding & Mahony,2016.p.122-145).
Statement of police Forensic Medical Officer(PFMO).
Six months after the Wong's incident, the history of assault was taken by PFMO from the
complainant, and the time PFMO was examining of Wong, they didn't find any sign of
continuing physical injuries, and they noted that Wong was still suffering from a nightmare. The
PFMO pointed out that the x-ray of Wong showed a fracture of the left side jaw, which when the
PFMO tries to hear, there was no clicking on the movement of the jaw, and he detected no
spasm.
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Bibliography.
Alimardani, A. and Chin, J., 2019. Neurolaw in Australia: The use of neuroscience in Australian
criminal proceedings. Neuroethics, 12(3), pp.255-270.
Cunneen, C., 2014. Colonial processes, indigenous peoples, and criminal justice systems. In The
Oxford handbook of ethnicity, crime, and immigration (pp. 386-407). New York: Oxford
University Press.
Gooding, P. and O'Mahony, C., 2016. Laws on unfitness to stand trial and the UN Convention on
the Rights of Persons with Disabilities: comparing reform in England, Wales, Northern Ireland
and Australia. International Journal of Law, Crime and Justice, 44, pp.122-145.
Henry, N. and Powell, A., 2016. Sexual violence in the digital age: The scope and limits of
criminal law. Social & Legal Studies, 25(4), pp.397-418.
Jain, N., 2016. Judicial lawmaking and general principles of law in international criminal
law. Harv. Int'l LJ, 57, p.111.
Malcolmson, D., 2017. Criminal defences in Australia [Book Review]. Ethos: Official
Publication of the Law Society of the Australian Capital Territory, (243), p.58.
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Molloy, K. and Stiles, D., 2019. Criminal law: Prasad direction abolished by the high court of
Australia. Bulletin (Law Society of South Australia), 41(8), p.20.
Morris, N., 2014. Obscuring the Historical Origins of International Criminal Law in Australia:
The Australian War Crimes Investigations and Prosecutions of Japanese, 1942–1951.
In Historical Origins of International Criminal Law: Volume 2 (pp. 355-394). Torkel Opsahl
Academic EPublisher.
Steele, L., 2014. Disability, abnormality and criminal law: sterilisation as lawful and
‘good’violence. Griffith Law Review, 23(3), pp.467-497.
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