LPC - Assessment 1

LPC - Assessment 1

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  • Scene 1
  • Mr D has sustained severe head trauma, his condition is very unstable. We aren't certain he'll pull through. Has anyone called his wife and children?
  • He has bright orange hair, caucasian, small build. I recognise him from the accountant's office on 21 Main Street. 
  • ouch ...
  • Ms T, can you please describe the attacker?
  • Scene 2
  • He never waits for me!
  • **Mutters** That bastard deserved everything he got !!!
  • Sir, you are being charged with assault. We need you to come down to the station to answer a few questions.
  • Scene 3
  • Mr D is an appreciated member of the Muslim community in Brisbane QLD. He is well known for his outstanding efforts in helping the less fortunate find housing, food, and medical assistance.  Mr D was on his lunch break at 12 am when he was struck from behind. He remains in hospital in critical condition. His wife and children have yet to be notified. Ms T was witness to the attack, although she is very distraught, Ms T is confident in her identification of the suspect. 
  • Scene 4
  • Yeah! I did it. That no good Muslim was about to blow up something, I just know it. They all deserve to be hit.
  • Hospital 12.12.2018 2pm
  • A witness is stating they saw you assault a man on the street, is this true?
  • Following the description of the suspect given to QLD Police, they were able to locate him in his office on 21 Main Street, Brisbane City QLD. Just four blocks away from where the assault took place. Upon arrival at the suspects' workplace, it is noted that he has a strong negative opinion about Muslims, referring to his desktop screensaver (No more Mosques) and his overall attitude toward the victim. Mr S is charged with assault, and taken to the local police station for questioning.
  • Scene 5
  • The look of him. The turban, the sandals, the dirt coloured skin, the way he talks, the filthy beard. He is repulsive, everything he believes in and stands for is what is wrong with this world.
  • Accountants Office, 21 Main Street 12.12.2018 4pm
  • What gave you the impression he was about to "blow up something"?
  • In the holding cell, Mr S demands a lawyer. As he is not eligible for legal aid QLD due to exceeding the means test threshold, Mr S contacts a well-known solicitor who has an excellent track record of winning cases. Upon contacting his solicitor, he agrees to pay the suggested retainer fee, on the basis that the solicitor represents him in court. He can only trust her to handle his case.
  • Scene 6
  • Holding Cell 12.12.2018 5:45pm
  • I'm going to lose my mind if I spend any more time in this place...
  • Mrs P arrives at the police station and interviews her client. During questioning, Mrs P is appalled at the attitude Mr S has towards the victim and Muslims in general. Mrs P is very upset and doesn't know if she has it in her to represent a client with such repugnant morals. Then she remembers the retainer, questioning if she is legally bound to represent the client, she decides to continue on with the case.
  • Like I said, he deserved it. I'll do it again in a heartbeat.
  • Interview Room #2 13.12.2018 11:15am
  • He was unarmed, you attacked him from behind. He was of no threat to you. The charges laid against you are very serious,  do you understand the extent of damage your actions have caused?
  • Further questioning of her client proves to Mrs P how discriminatory Mr S actually is. With the retainer still in mind, Mrs P feels as though she has no choice but to continue to represent Mr S, no matter how morally repugnant her client is. Initially, Mr S considers pleading guilty, he is proud of himself for his actions and feels he deserves recognition. Knowing he has hired the best solicitor in Brisbane, he can rest assured he will get off the charges lightly.
  • I'm not going to jail, am I? If anything, I did society a favour. 
  • Interview Room #2 13.12.2018 11:17am
  • Although I highly disagree with your views, it is my legal duty to represent you in court. I'm not promising you won't get jail time, but I will do the best I can to achieve a desirable outcome.
  • Later that evening, Mr S realises how uncomfortable it is to sleep in a holding cell, and is willing to do anything he can to get back to his own home.
  • Holding Cell 13.12.2018 6:30pm
  • Scene 7
  • Sadly, Mr D has passed away! The charges against Mr S have been upgraded to unlawful striking causing death. I thought you should know.
  • Thankyou for letting me know, I will contact Mr S.
  • Scene 8
  • S**t! ... How long will I go away for? ... Come to think of it, Mr F, my work colleague was having lunch a few shops down from where I punched the idiot, can't we just pin it on him? hahaha. I've got a nice little bonus payment for you if you can get me off.
  • Sure, I can admit to being guilty, but I sure as hell don't feel any guilt. There is now one less terrorist roaming the streets, I am thankful for my actions.
  • Mr D passed away earlier this morning. Do you understand the charges against you have now been upgraded to 'unlawful striking causing death'? 
  • Do you intend to plead guilty? Given this is your first offence, the penalties may not extend to the suggested maximum.
  • Scene 9
  • Mr S, you are being charged with unlawful striking causing death. How do you plead?
  • In fact, my client has confided in me his concerns about his work colleague Mr F, who was absent from work at the time of the incident. I have further information showing Mr F was also in the vicinity of the incident. Please, your honour, may I call a short break to consult my client?
  • Uh, erm, yes, your honour. My client wishes to proceed with a plea of not guilty.
  • Not guilty, your honour.
  • The next morning, Mrs P receives a phone call advising her that the victim, Mr D had passed away as a direct result of injuries sustained. Mrs P has been advised that her client Mr S will now be charged with the recently new crime of 'unlawful striking causing death'.  Mrs P is an outstanding solicitor in civil cases, but she has never dealt with a criminal case like this. Again, questioning if she is fit and experienced enough to handle the case, she decides to give it a try.
  • Scene 10
  • The jury's verdict is in. The defendant has been found not guilty, for the crime of unlawful striking causing death.
  • Solicitors office 14.12.2018 9:12am
  • When meeting with her client to advise him of the new charge laid against him, Mr S suggests to pin the blame on to an innocent colleague and continues to provide proof of his colleagues' whereabouts at the time of the incident - via cell phone records and CCTV footage illegally obtained by a third party. Mrs P, although knowing that it is legally and ethically wrong, takes the evidence given and further questions Mr S about his colleague, interested in this bonus payment she is being offered. After a moment of realisation, Mrs P asks her client whether he intends to plead guilty or not guilty. To which Mr S informs that he will plead guilty.
  • Scene 11
  • Interview Room #2 14.12.2018 11:15am
  • You know you really threw me a curve ball with that not guilty plea!
  • Hi Mrs P, this is Sally from accounts. Just confirming with you a recent transfer of funds totalling $10,000 to our firms accounts for your client Mr S's services, does this seem correct to you?
  • Mr S is on trial at the Supreme Court of Queensland with the charge of 'unlawful striking causing death'. During the hearing, Mr S makes the bold decision to plead not guilty, unawares to his solicitor.  Mrs P, thinking quickly on her feet, defends her client and suggests another suspect. Asking for a short break to gather admissible evidence she can use to successfully turn suspicion onto a new suspect (Mr F).  Mrs P knows this is wrong but really wants to win the case - and that bonus! she is ready to do whatever it takes.
  • End
  • Supreme Court of Queensland 20.12.2018 8am
  • THE END Tara Djuderija Student Id: 12055864
  • A short time later, the trial judge delivers the jury's verdict. The defendant (Mr S) is found to be not guilty on the charge of 'unlawful striking causing death'. The jury came to this decision on the basis that there is not enough evidence against Mr S, and that there is another questionable suspect. Mr S is ecstatic that he is a free man, Mrs P is second-guessing her position played in the outcome. 
  • Supreme Court of Queensland 20.12.2018 1pm
  • The jury reached their verdict on the basis of insufficient evidence and another questionable suspect.
  • After the hearing, Mrs P consults her client about the unexpected 'not guilty' plea and expresses her concerns about suggesting an innocent man as a suspect. Mr S is very proud of his solicitors' efforts and electronically transfers Mrs P her previously mentioned bonus of $10,000, on the condition she keeps quiet about his involvement in the assault. Mrs P reluctantly takes the bonus and continues back to the office.
  • Main Street 20.12.2018 1:30pm
  • I'll bank transfer your bonus for living up to your end of the deal. You did a great job getting me off the charge!!
  • mmm yeah, sorry darl, I just couldn't go behind bars. Next time I will just kick em in the legs. hahahaha.
  • Returning back to the office, Mrs P receives a call from her firms' accounts clerk Sally regarding the recent funds transferred by Mr S. Recalling that Mrs P hadn't given Mr S her personal bank details, she quickly responded to Sally stating the funds were 'contingency fees'. Soon after she ended the phone call, Mrs P realised two things; 1. This case was a criminal matter, not civil, and, 2. Contingency fees are prohibited in QLD.
  • Hi Sally, uh yes, I assume you are referring to the contingency fees ...
  • Main Street 20.12.2018 1:46pm

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