PROSECUTION MATERIAL TRAINING SCRIPT ONLY

Size: px

Start display at page:

Download "PROSECUTION MATERIAL TRAINING SCRIPT ONLY"

Bertina Kelley
6 years ago
Views:

1 PROSECUTION MATERIAL TRAINING SCRIPT ONLY /RNC/RNC/PRPA4...1

2 MOCK TRIAL COMPETITION RALEIGH V DAMPIER This is a criminal case, brought by way of a private prosecution, in which the defendant is alleged to have breached section 178BA of the Crimes Act The Prosecution will receive: 1. Summons 2. Legal Notes 3. Statement of First Prosecution witness - Ivan/Ivana Raleigh 4. Statement of Second Prosecution Witness - Carl/Carla Colombus. 5. Election Pamphlet forming part of the evidence of Ivan/lvana Raleigh. The Defence will receive: 1. Summons 2. Legal Notes 3. Statement of First Defence witness - the defendant Claude/Claudia Dampier 4. Statement of Second Defence Witness - Martin/Martina Magellan. 5. Copy election pamphlet referred to in the evidence of Martin/Martina Magellan. The following facts are common ground: a) there are normally 9 councillors on the Calm Beach Council b) the defendant was elected at a by-election by 7,112 votes to 7,111. c) the vote on extending the contract was 5/4 in favour. d) the matter is within the jurisdiction of the Local Court /RNC/RNC/PRPA4...3

3 INFORMATION AND SUMMONS Act No 40 of 1900, section 178BA INFORMATION: BE IT REMEMBERED that on this seventh day of November 2002, at Calm Beach in the State of New South Wales, IVAN/IVANA RALEIGH (hereinafter called the Informant) of 56 Gumtree Lane, Calm Beach appears before me, the undersigned, one of Her Majesty Justices duly assigned to keep the Peace of our Sovereign Lady the Queen in and for the said State, and informs me that on the: between the twenty sixth day of July 2001 and the eighth day of August, 2001, at Calm Beach in the said State, one CLAUDE/CLAUDIA DAMPIER (hereinafter called the Defendant) did by deception dishonestly obtain for himself/herself financial advantage contrary to the Act is such case made and provided whereupon the informant prays that I, the said Justice, will proceed in the premises according to law. Exhibited at Calm Beach before the under mentioned Justice of the Peace on the day above mentioned. Justice of the Peace Informant SUMMONS: These are to command you the said Defendant, in Her Majesty s name to be and appear on: the day of 20, at 9.30 of the clock the forenoon at the LOCAL COURT, in the said State, before such Magistrate, Justice or Justices of the Peace for the said State as may then be there to answer to the said information and be dealt with according to law. TO: CLAUDE/CLAUDIA DAMP IER OF: 2/45 Wombat Lane CALM BEACH Given under my hand and seal on the date & place abovementioned Justice of the Peace /RNC/RNC/PRPA4...4

4 LEGAL NOTES (PROSECUTION) This is a criminal case (brought on an information laid by a private citizen) in which the prosecution alleges that the defendant dishonestly obtained financial advantage (appointment as a local councillor with a tax free annual allowance of $20,000) by deception (an alleged promise to not to allow the further use of council telephone poles for commercial purposes). Because the proceedings are criminal in nature the prosecution must prove its case beyond reasonable doubt. Section 1 78BA of the Crimes Act provides; (1) Whosoever by any deception dishonestly obtains for himself or for another person any money or valuable thing or any financial advantage of any kind whatsoever shall be liable to imprisonment for five years. (2) In subsection (1): deception means deception (whether deliberate or reckless) by words or conduct as to facts or as to law, including: (a) a deception as to the present intentions of the person using the deception or of any other person; and (b) an act or thing done or omitted to be done with the intention of causing. i) a computer system; or ii) a machine that is designed to operate by means of payment or identification, to make a response that the person doing or omitting to do the act or thing is not authorised to cause the computer system or machine to make. In the English case of R v Grunwald [1960] 3 All E.R Paull J. said (at page 384): You have not got to consider whether the person was a reckless sort of person. What you have got to consider is whether the statement or the promise has been proved to be a reckless statement or promise. If you look up the meaning of the word reckless in the Oxford English Dictionary... you will find with regard to such things as statements or promises that there is only one meaning given and that meaning is Characterised by heedless rashness. In other words the statement or promise must be a rash statement or promise and must be made heedless of whether the person making it has any real facts on which to base the statement or promise /RNC/RNC/PRPA4...5

5 In R v Laurie (1986) 23 A Crim R 219 the Court approved the directions to the jury as laid down in R v Ghosh [1982] 1 QB 1053; In determining whether the prosecution has proved that the defendant was acting dishonestly, a jury must first of all decide whether, according to the ordinary standards of reasonable and honest people, what was done was dishonest. If it was not dishonest by those standards, that is the end of the matter and the prosecution fails /RNC/RNC/PRPA4...6

6 IVAN/IVANA RALEIGH of 56 Gumtree Lane, Calm Beach, Company Director states: 1. I am the informant. 2. Calm Beach, where I live, is a town located on the north coast of New South Wales. It is famous for its beauty spots and quiet way of life. The streets are lined with trees, the blocks of land are large and all homes are of good quality. The community takes great pride in the town. I paid a great deal for my home and have a serious interest in seeing that the value is maintained. 3. From about March 2001 trucks carrying a sign Sapristi Sun-dried Spaghetti! have been arriving in my street and men have been unrolling drums of spaghetti which they have then proceeded to string between the power poles to dry. 4. On Fridays the trucks return and remove the dried spaghetti. There is a great deal of undesirable noise. 5. In June 2001 one of the 9 local councillors died and a by-election was called. I made up my mind that I would vote against any candidate in the approaching council election who was in favour of leasing council power poles for the purpose of drying spaghetti. 6. On the 26th July 2001 I attended a meeting at the Calm Beach Community Centre. There was a sign Down with Spaghetti. The defendant was present and made a speech. 7. The defendant said I am putting myself forward as a candidate in the Council by-election. I stand for honest, open local government. The present council is destroying this town. They are money hungry. They have sold advertising space on the side of council garbage bins and now they have sold our power poles to the Sapristi Spaghetti Company. 8. I called out What are you going to do about it? The defendant said If I am elected I promise that I will see that the use of council power poles for drying spaghetti will cease as soon as the current contract expires in April next year. You have my word on that. Everybody cheered and there was a lot of clapping. 9. I was very impressed by the defendant s apparent sincerity. The defendant did not appear to me to be one of those self.seeking, toadying, insincere, dishonest property developers that you so often see running for council in Calm Beach. 10. On the 30th July, 2001 I received an election pamphlet put out by the defendant. I produce that pamphlet /RNC/RNC/PRPA4...7

7 11. On Saturday, 7th August, 2001 the by-election was held. There were only 2 candidates. I voted for the defendant. I did not have any particular interest in any of the other issues in the election and I made my choice on the basis of the defendant s promise to put an end to the spaghetti roll out. 12. The workers from Sapristi Sun-dried Spaghetti continued to arrive in my street each Monday and unroll the spaghetti and string it between the power lines. This did not cease in April of this year and has continued up to the present time. 12. The workers from Sapristi Sun-dried Spaghetti continued to arrive in my street each Monday and unroll the spaghetti and string it between the power lines. This did not cease in April of this year and has continued up to the present time. 13. On the 28th September I made enquiries at the local council offices and was told that the defendant had voted for the continuation of the spaghetti roil out contract. I then went to the court house and issued a summons against the defendant /RNC/RNC/PRPA4...8

8 CARL/CARLA COLOMBUS of 2 Wallaby Crescent, Calm Beach, Retired Council Officer states: 1. 1 am a resident of Calm Beach. I recently retired as the Town Clerk of the Calm Beach Council. 2. As Town Clerk I was responsible for the maintenance of all council records. All Councillors receive an annual tax free allowance of $20,000. This applied in 2001 and On the 2nd March, 2001 the Council resolved to accept an offer to grant a licence to the Sapristi Sun-dried Spaghetti Company to allow the company to use council power poles for the purpose of drying its spaghetti. The company was to pay $1.00 per linear metre and this amounted to a considerable sum. 4. In early July 2001 I caused the necessary writ to be issued for a byelection following the death of one of the councillors. 5. Apart from my job as Town Clerk I also hold the cleaning contract for various council venues and on the 26th July, 2001 arrived at the Calm Beach Community Hall just as the defendant s election rally was ending to clean up. I was sweeping up the stage when I saw the defendant talking to his campaign manager, Martin/ Martina Magellan. 6. Magellan said to the defendant How are you going to stop Council hiring out the power poles? The defendant said I m not going to. It makes a lot of money for the council. Nobody expects you to keep promises like that. Everyone knows you have to say that sort of things to get elected. Besides, they mightn t be able to pay me that lovely $20,000 allowance each year. 7. Magellan said something that I didn t catch but I then heard Magellan say It s not going to look too good when you come up for re-election. The defendant said 1 ll just say that it wouldn t have been economically responsible to lose the revenue from the spaghetti people. 8. I noticed that there was a banner hung across the front of the stage which said Down with Spaghetti. I saw the campaign manager roll this up and take it as they left. 9. The by-election was held on the 7th August The defendant received votes and the other candidate received 7,111. The defendant was declared elected. 10. On the 1st April, 2001 I was present taking the minutes when the Council considered whether to extend the power pole licence. The defendant said to me What will happen if we don t renew the contract? I said You ll have to cut down on expenditure. Council won t be able to afford your /RNC/RNC/PRPA4...9

9 allowances and the councillor s Study Tour of Local Government in Bali and we ll have to economize on morning teas. We may have to increase rates by a few dollars. 11. I noted that the final vote was 5 to 4 in favour of extending the licence for a further year. The defendant voted in favour of the extension. 12. The defendant has been paid $40,000 to date as his councillor s allowance. 13. I was disgusted by the behaviour of the defendant and I resigned shortly afterwards /RNC/RNC/PRPA4...10

10 VOTE FOR HONEST LOCAL GOVERNMENT DO YOU WANT: - INTEGRITY - GOOD GOVERNMENT - AN END TO EXPLOITATION OF YOUR STREETS - ECONOMIC RESPONSIBILITY - OPEN DISCUSSION - PRESERVATION OF VALUES - AN END TO THE SPAGHETTI ROLL OUT VOTE TO PUT AN END TO THE EXPLOITATION THAT IS GOING ON IN THIS TOWN. ARE YOU WORRIED ABOUT THE ABUSE OF PUBLIC GARBAGE BINS AND DEALS DONE WITH LOCAL BUSINESSES BEHIND YOUR BACK SO THAT THE STREETS ARE STRUNG WITH SPAGHETTI? ON SATURDAY, 7TH AUGUST 2001 VOTE DAMPIER C. 1 Written and Authorised by M. Magellan. 67 Numbat Way. Calm Beach on behalf of C. Dampier. Independent /RNC/RNC/PRPA4...11

MAGISTRATES COURTS (FORMS) RULES

MAGISTRATES COURTS (FORMS) RULES CAP. 7.36.2 Magistrates Courts (Forms) Rules CAP. 7.36.2 Arrangement of Rules MAGISTRATES COURTS (FORMS) RULES Arrangement of Rules Rule 1 Citation... 7 2 Forms to be