Primary Examination for the Bachelor of Laws

High Distinction 85-100%

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  Outstanding level of understanding and interpretation
  
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  Compelling, well-supported and tightly structured legal arguments
  
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  Excellent understanding and application of ethical principles to create arguments
  
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  Original and sophisticated thinking
  
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  Highly developed communication and presentation skills
  
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  Excellent anticipation and response to opponent’s case
  

PART A

Students must answer ALL FOUR (4) of thequestions in Part A. The problems are worth 10 marks each.

QUESTION ONE:

On the evening of 20 June 2009 Senior Police Constable Karl Knight and his partner, Police Constable Jenny Jones, are called to an accident (a bus has collided with a car) on Unley Road. They arrive on the scene approximately 8 minutes after the collision and before the arrival of any ambulances or other medical assistance. There are a number of injured people lying on the road, including one young woman who is clearly already deceased. Karl and Jenny immediately begin assisting the injured. One gentleman, who is bleeding heavily, tells Karl and Jenny that his name is Tom. Tom says he was the driver of the bus, and that “as I was passing the Targetstore I was blinded by high beams, and when I could see again I was about to collide with that white ford falcon station wagon. It was on the wrong side of the road coming straight towards us! I swerved, but not fast enough, and we collided, and all hell broke loose”. A white ford falcon station wagon with significant damage and the registration XKB 098 is abandoned on the side of the road.

When Jenny and Karl return to the police station in the early hours of 21 June Jenny writes up a report of the accident, including a record of what Tom said. She signs the report and leaves it on Karl’s desk. Two weeks later Karl gives the report back to her with his signature on the bottom.

In late 2010 D (the owner of a white ford registration XKB 098) faces trial in the SA Supreme Court charged with dangerous driving causing death. Karl and Jenny are called by the Prosecution to give evidence. However, Karl is unable to recall anything beyond the location of the accident and the fact a bus was involved. Is there anything the Prosecution can do to assist Karl to give evidence? Are there likely to be any objections made by Defence Counsel to these efforts and will those objections succeed? If Karl can testify are there likely to be any objections made to the evidence which Karl can give on the stand? Would your answers be different if Tom died in the Royal Adelaide Hospital as a result of his injuries? What if the trial was in the ACT Magistrates Court?