CJSCOM401: Criminal Code Case Analysis - Client Interview and Letter

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Practical Assignment
AI Summary
This assignment presents a detailed analysis of a criminal code case, focusing on a scenario where a wife is in prison following a car accident resulting in a pedestrian's death. The assignment includes a client interview where the husband seeks legal advice and guidance on the court process, specifically concerning charges under section 328(4) of the criminal code related to dangerous operation of a vehicle. The volunteer provides information on potential penalties, the applicability of the Criminal Code Act 1899, and the role of regulatory offenses. The assignment also includes a follow-up letter from the Cordelia Legal Centre, reiterating the legal issues and providing information on five support agencies (Women’s Legal Service Queensland, Community Legal Centers Queensland, Legal Aid Queensland, Senior Legal and Support Service, and Legal Services Coordination Unit) that can assist with legal advice and court processes in Queensland. The letter outlines the relevant sections of the Criminal Code, the potential 10-year imprisonment, and the importance of addressing factors beyond speeding, such as road conditions and driver attention. Contact details and website links for the support agencies are provided to help the client navigate the legal system.
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CRIMINAL CODE CASE ANALYSIS 1
STUDENT NAME:
STUDENT ID:
TOPIC: CRIMINAL CODE CASE
DATE: 26-08-2019
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CRIMINAL CODE CASE ANALYSIS 2
Contents
Part A: Client Interview...............................................................................................................................3
Part B: Follow-up letter...............................................................................................................................4
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CRIMINAL CODE CASE ANALYSIS 3
Part A: Client Interview
Bill: My wife has been in an accident and is in prison from last night. It was a car accident I
which she collided with a pedestrian and the pedestrian died due to serious injury. I was called
by the police that my wife was in custody due to serious accident case. There is no bail provided
to my wide due to dangerous driving convictions. I need to know the court process that is
applicable in this case . My wife has been charged under section 328(4) of criminal code.
Volunteer: This is a serious issue and section 328(A) is about dangerous operation of a vehicle.
The court of justice shall provide conviction for this matter and there will be a punishment that
can be imprisonment for 10 years. To the 10 years imprisonment, this is the case of drive and hit
in which the interferes is about driving the vehicle without paying attention to the rules and
causing death of another person (Criminal Code Act 1899). Excessive speeding more than 40
km/h may lead to 10 years of imprisonment causing death. Over the limit specified in the code of
conduct, there can be transparent operations that can be provided in which Road use
management act is applicable. In this act, driving with the interferes and dangerously means that
the vehicle is at a higher speed and caused death of individuals. If there would have been
circumstances such as nature condition or any other natural factor that caused the accident, the
bail would have been provided (Criminal Code 2018). Since the scene and the case is different, it
is difficult and regardless to focus on the legal matters that are applicable in this case. There is an
offence that is against the case while the indictment and the driving operations tend to cause
injury to pedestrian. Regulatory offence is been made which is one of the division of offences.
One is criminal offence and the other is regulatory offence. Regulatory offences are under
magistrates court which need a further investigation on the case and designing the case that took
place.
Bill: Please help me and provide me assistance through the court process so that I can save my
wife from legal issues. I will contact you at a stage where you can talk to my wife and ask her the
situation that occurred last night. Assist me with the legal issues that need to be conducted so that
I can save her.
Volunteer: I know you are eager to focus on the case and save your wife in this situation. There
is a legal process that need to be carried on while I would advice you to contact the support
agencies that can help you in legal advice. These agencies will help you to assist with the court
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CRIMINAL CODE CASE ANALYSIS 4
process and assist you to cover the detail of the case. The five support agencies are Women’s
legal service Queensland, Community legal centers Queensland, Legal Aid Queensland, Senior
legal and support service (SLASS) and Legal Services Coordination Unit. These will assist you
further to solve your case and help you in court process.
Part B: Follow-up letter
Cordelia Legal Centre
1 Cordelia Street, SouthBrisbane QLD 4101
Phone: (07) 3333 1111
Facsimile: (07) 3333 2222
Email: info@cordelialegalcentre.com
Re: Support Agencies Information
Date: 26-08-2019
To: Bill Black
Address: Bill Black,
1 George Street,
ALBION QLD 4010
Phone: 0400 111 222
Dear Mr. Black,
I hope this letter will provide you some relief in the case that we discussed a day earlier.
We discussed earlier about the court process that need to be taken for your wife. I have few
agencies that can help you to reach out in this critical situation. However, they may assist you in
this case while even help your wife’s bail process. The case that has been charged to your wife is
The Criminal Code 328(A). The case is largely under the section as it is a more serious offence
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CRIMINAL CODE CASE ANALYSIS 5
that is the matter of course which will be discussed in the court. Through service provided by the
police, it largely appears to be in hands of Criminal Code Act 1899 (Qld). A person is charged
and imprisoned for 10 years due to criminal offence and regulatory offence. The case is
highlighted with dangerous driving and hitting a pedestrian which causes death of pedestrian. As
per the case authorities, it is assessed in highlight of competent matter and careful driving
observations. Speed along cannot be evaluated in this case, the other factors such as direction of
road, traffic or falling asleep while driving are the other instances that will be discussed in the
court process. The major questions will be discussed in relation to the driving speed and attention
towards laws and regulations.
It is advisable that you can further take assistance of the five support agencies that are free and
can help you reach towards the court process. These agencies are Women’s legal service
Queensland, Community legal centers Queensland, Legal Aid Queensland, Senior legal and
support service (SLASS) and Legal Services Coordination Unit. The free community and
support services may help you to provide bail. These support agencies work well in Queensland
and thereby the volunteer organization may help you to provide you a path that will be most
favorable. Here is a brief outline that is provided in terms of contact details and websites of the
support agencies. It may assist you sooner or later.
Support agencies
1 Legal Services Coordination Unit
Address:
Level 17, State Law Building
50 Ann Street
Brisbane
QLD 4001
Website: https://www.justice.qld.gov.au/justice-services/legal-services-coordination-unit
The legal services coordination unit helps to promote the implementation of policy and practice
by the government. Efficient outcomes are provided by the agency in terms of providing legal
advice on legal services direction and assistance to the government. A high quality assistance is
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CRIMINAL CODE CASE ANALYSIS 6
provided in terms of cost effective services. There are informed purchasers that tend to support
government lawyers (Legal Services Coordination Unit 2019). There are inter-agency forums
that will help to share practice management skills. This agency is coordinated with Queensland
government with a coronial recommendation.
2 Seniors Legal and support service
Service Call: 07 3214 6333
Website: https://www.communitydoor.org.au/seniors-legal-and-support-service-slass
The support agency will help in free legal advice and social work support to senior citizens. The
financial exploitation is marked in this service support organization which can assist through
legal information and advice, short term counseling, social work services, representation in court
and advocacy (Senior Legal and support service 2019). The service fact sheets are provided in
terms of information collected with legal matters and resources provided to support senior
people.
3 Legal Aid Queensland
Address:
GPO Box 2449
Brisbane QLD 4001
Other contact details
Fax—(07) 3238 3014
LAQ directory switchboard—call 07 3182 5182.
Website: http://www.legalaid.qld.gov.au/Home
The services provided by the support agency is in the form of legal services such as publications
and legal information. A legal advice is provided within eligibility criteria. Assisting a person in
terms of help in court process and providing advice to the lawyer is the major services provided
by the agency (Legal Aid 2019). The services such as community legal education, advice,
referral services, duty lawyer, publications and legal information are free of cost services.
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CRIMINAL CODE CASE ANALYSIS 7
4 Community Legal Centers Queensland
Address:
PO Box 12102
George St, Brisbane QLD 4003
T. 07 33920092
Website: https://communitylegalqld.org.au/
Community legal center provides advocacy services for community led community of 34 legal
centers across Queensland. Queensland’s community center provides information, referral,
legal assistance to people with community education to vulnerable clients who are facing legal
issues. The major objective of the community is to communicate with clients who needs
assistance (Community Legal Centers Queensland 2019). It helps in develop funding and secure
legal advice that represent the interest and opinions of members.
5 Women’s legal service Queensland
Address:
8 Ponsonby Street (Cnr Ipswich Road), Annerley Qld 4103. Building Entrance And Parking Via
Ponsonby Street.
Post PO Box 119, Annerley QLD 4103
Website: https://wlsq.org.au/
The mission of the service support agency is to provide justice for women. Women’s legal
service is provided in terms of free legal services and social work to identify women in
Queensland. In the areas of child support, family law, domestic violence and community legal
education this agency will support women in Queensland (Women’s Legal Service Queensland
2019).
These support agencies will help to provide you the assistance which embrace the legal advice
and court process.
Yours faithfully,
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CRIMINAL CODE CASE ANALYSIS 8
Volunteer.
References
Criminal Code Act 1899, 2018, Application of criminal law, Chapter 3, Criminal Code:
Queensland.
Criminal Code, 2018, Parties to offences, Chapter 2, The criminal code of Queensland.
Community Legal Centers Queensland, 2019, About us, https://communitylegalqld.org.au/about-
us
Legal Aid, 2019, Welcome to legal aid Queensland, http://www.legalaid.qld.gov.au
Legal Services Coordination Unit, 2019, Home,
https://www.justice.qld.gov.au/justice-services/legal-services-coordination-unit
Senior Legal and support service, 2019, Service delivery,
https://www.communitydoor.org.au/seniors-legal-and-support-service-slass
Women’s Legal Service Queensland, 2019, Get Help, https://wlsq.org.au/
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CRIMINAL CODE CASE ANALYSIS 9
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