Evidence-Based Victim Statement: Assault Case, Law Studies

This assignment presents a victim statement related to an assault incident. The statement, made by Fiona Kim, details the events of an assault she and her friend Olivia Bay endured at Blacktown station. It includes a description of the attackers, the sequence of events leading up to the assault, the physical and verbal abuse inflicted, and the lasting emotional and physical impact on the victim. The statement is structured to adhere to legal standards, providing a first-person account intended for potential use as evidence in court. The assignment likely involves analyzing the elements of such a statement, its adherence to rules of evidence, and its effectiveness in conveying the victim's experience.

BRIEF OF EVIDENCE assessment
Statement
Name of Student
Institution
Instructor
Date

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1. This statement is made by me is accurate and sets out the evidence that I would
prepare, if necessary, to give in court as a witness. The statement is true to the
best of my knowledge and belief, and I make it knowing that, if it is admitted in
evidence, I will be liable to prosecution if it is discovered that it is false.
2. My name is Fiona Kim, and I am from China. I am 21 years of old. I came to
Australia for work and to study. I write this statement after being in for a week in
a hospital due to severe injuries. I am still recovering from the injuries inflicted on
me by the attackers who attacked me; hurt me; and totally changed my perception
as to life; I am left with a lot of fear and anxiety as a result of the said attack. I
have refreshed my memory, and I am now capable of reviewing and remembering
what happened on the 5th August 2019 at Blacktown station where my friend
Olivia Bay and I endured assault from a group of men.
3. It was on Tuesday evening of 13th August 2019 around 3 pm, my friend Olivia
Won and I met to hang out at Strathfield Railway Station and caught a train from
there to the Town Hall city. I walked to the schedule board to see what time the
train will come; I noticed there were a large group of males around eight people
standing next to the stairs at the platform. They were walking on the stairs and
teasing other people they met along the stairs. I discovered that they wore similar
clothes; a black trouser, heavy military-like boots and all had a clean shave.
4. This is what I told Olivia Won, “Do you see a group of males over there they look
like a gang group I think we should move”. We then moved away from them in

BRIEF OF EVIDENCE assessment
order to avoid getting in contact with them. Later, we got to the Town Hall
Station and, while in town, Olivia and I went to the cinema for two hours and
decided to go to a pool and eat for three hours before going home.
5. I recall that I went home late that evening at 9:45 pm. On the way to the station, I
saw the gang-like group again. Two of them were looking in my direction. The
two then started moving to the direction where I was sited. When they got to
where I was, one of them shouted at me, “Hey stupid Asian, look at what you are
wearing. Fuck! Is it called clothes to you?” as all started laughing aloud. I did not
know why he said that to me, whether they were in fact racist or their intention
was just to provoke me. I ignored them and did not comment on anything.
6. One of the men said to me that he had two broken teeth on the right-hand side, I
could see the same when he was laughing, his age was around 20, and the other
guy was wearing a jacket, a white trouser and he looked to be around 18 year old.
At that time, I saw two-security guards walking through the carriage but I did not
report to them; I chose to remain silent because I was not sure what the group of
men could do tome or what they were capable of doing. When the train arrived, I
got off at Blacktown Station; Olivia and I were skateboarding down the ramp into
the pedestrian subway when the gang group following closely behind confronted
us.
7. It was already very dark inside the train station. Two of the men pulled Olivia to
another side and started hitting her. I heard her screams; I could not see her

BRIEF OF EVIDENCE assessment
because she had been taken to a dark corner; I could not hear what they were
telling her.
8. A third guy stopped my skateboard by his foot; he was wearing a long black coat,
he then stood in front of the group and started grabbing my jumper and pushing
me hard to the wall, he said to me “This is not your country”. He was taller than
me, he was about 1.70feet. He then punched me straight to my face.
9. I became nervous and suddenly saw another guy who had dragon tattoo on a left
ankle. He began hitting me on the face, kicked me on both legs from the back and
punched my stomach. I begged them to stop and said to them, “Please stop, why
do you hit me?” Another fifth guy started grabbing my hair with one hand and he
said, “Fuck, this is not your country get the hell out of here” he had a scar mark
on a left face then they took a turn to hit me.
10. I did not give any person permission to follow me or walk me home. I did not
provide any person with permission to touch my hair.
11. At that time, I could not see anyone I could seek help from. I fell up and down on
the floor; my legs were hurt that I could not move. After a few kicks, my legs
were bleeding, and really struggled to move. I dropped like a toy, blood oozing
from my head, it hurt terribly I could not talk and begged them to spare my life.
12. I did not give anyone permission to grab my jumper and slip me up. I did not
grant permission to anyone to punch and hit me to my face, legs, back, body or
eyes.

BRIEF OF EVIDENCE assessment
13. I still remember that day, and part of it still haunts me to date. I cannot even begin
to describe the feelings of terror I felt when the gang attacked me.
14. The next morning, I wake up in the hospital, I had a wish that the attack could just
be a dream, it could not be hurting me today. I still have to go to the doctor for
periodic check-ups and I fear the ugly scars on my face might never heal.
Name: Fiona Kim
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