Law Week 2018 Cluedunnit Kids Competition Introduction Proudly sponsored by
You have been chosen to represent your school in the 2018 LAW WEEK CLUEDUNNIT KIDS COMPETITION! Your job is to read all the information you receive, ask questions and decide which of the 3 suspects is responsible for assaulting Mr Clarrie Nett at the Beethoven Sound Auditorium. 2018 The Law Society of Western Australia 2
The Case On the afternoon of Sunday, 29 October 2017 Mr Clarrie Nett, the Conductor of the Clarion Orchestra of Note was at rehearsal at the Beethoven Sound Auditorium. During the rehearsal break Clarrie Nett was struck from behind by an object which caused him to fall heavily and break his wrist. Prior to the incident, Clarrie had spoken to 3 musicians during the break about their poor performance. The 3 musicians were Mr Phil Withair who plays the trumpet, Mr Iva Bell who plays the French horn and Ms Viola String who plays the violin. He told the musicians that they would be replaced if they continued to play so badly. Mr Tim Panni, a percussionist in the orchestra, was still in the Auditorium during the break. He said he heard a thud and then a crash. Sergeant Dee Crescendo attended the crime scene and spoke with Clarrie Nett and Tim Panni. Tim Panni pointed out the 3 musicians who had been seen near the kitchen at the back of the room. Sergeant Crescendo spoke to each of the suspects and took photographs of the contents of their instrument cases. Who assaulted Clarrie Nett? Was it Phil Withair, Iva Bell or Viola String? 2018 The Law Society of Western Australia 3
Phil Withair 2018 The Law Society of Western Australia 4
Iva Bell 2018 The Law Society of Western Australia 5
Viola String 2018 The Law Society of Western Australia 6
You will soon receive a brief of evidence which contains witness statements and photographs. This information has been gathered by the investigating police officer. The brief of evidence contains critical information and it would be wise not to jump to any conclusions before you consider everything. Even if you think you know who the correct suspect is you need to be able to prove beyond reasonable doubt that the suspect committed the crime. Each school can ask up to 6 questions of the Francis Burt Law Education Programme staff. We strongly recommend you use up all of your 6 questions to gather as much evidence as possible so that you can clearly identify the offender and eliminate the other suspects. The more questions you ask, the more answers you will receive and the more evidence you will have to prove the case. 2018 The Law Society of Western Australia 7
2017 Cluedunnit Kids Competition Evidence can take many forms including: witness accounts scientific evidence (e.g. DNA, fingerprint) physical evidence (e.g. notes) expert evidence (e.g. statement by a qualified professional such as a scientist) 2018 The Law Society of Western Australia 8
Rules You CAN: give your team a name; talk to your class and teachers about the case; use the internet for research; ask questions about the evidence. Remember you are ONLY able to ask 6 questions per school; use PowerPoint, role plays, re-enactments, video or other creative elements in your submission. ONLY members of the investigation team can have a speaking role in the submission (your classmates can be in the background of any video you make but they cannot talk). 2018 The Law Society of Western Australia 9
Team Leaders TEAM LEADERS WILL HAVE SOME EXTRA RESPONSIBILITIES Please make sure your team s questions are emailed to the Education Officers at schools@lawsocietywa.asn.au. Remember to show your questions to your teacher first. You can also telephone us with questions on (08) 9324 8686. You can only ask 6 questions per school so if your school is running an in-school competition you will have to share the questions. Please make sure you have allowed enough time for your team s submission to reach us no later than 4pm on Wednesday, 16 May 2018. Alternatively, you can upload your submission to Dropbox and send us the link. Our judges have very tight timelines to meet and late submissions cannot be accepted. 2018 The Law Society of Western Australia 10
Questions A good investigator always asks lots of questions - it is the best way to get additional information. You are allowed to ask 6 questions per school. These questions will help you obtain extra information e.g. statements, photos or a report. You don t have to ask 6 questions, but remember you may not get all of the available information if you don t ask questions. Your questions must fall within very strict guidelines. Questions MAY be used to clarify evidence. You CANNOT ask if a certain person is guilty. You CANNOT ask who committed the offence. You CANNOT ask the Education Officers for their opinion. You DO NOT have to ask all of your 6 questions at the same time. We suggest waiting for an answer to your question before asking further questions. You CANNOT ask for a copy of everything the police have. You will receive police evidence in the brief. 2018 The Law Society of Western Australia 11
Questions When asking questions, you must nominate the person who you feel can provide the information, rather than just asking for the detail you want. Be specific in what you are asking. EXAMPLE Who owns locker 12? (Not a good question) Can you ask Constable Linus Uppe who owns locker 12, please? (Great question) 2018 The Law Society of Western Australia 12
Examples of Questions Samples of poor questions are in orange these are either too vague or don t nominate the person who is to provide the information. The correct style of questioning is in green these are clear, specific and indicate who is to provide the information. 1. If there are any witnesses, what did they see or hear? Can you ask Sergeant Justin Thyme for a witness statement from the waste recycling truck driver who was traveling on Surf Street, please? 2. Can we get any information on why Robyn Holden was absent from school? Can you ask the school principal if any reason was given for Robyn Holden s absence from school on 14 March, please? 3. Whose footprints were outside the driver s side door? Can you ask Sergeant Justin Thyme for the foot size of the suspects, please? Please note if you do not ask a clear question directed to a specific person, the Education Officers will be unable to answer the question. 2018 The Law Society of Western Australia 13
Programme Contacts The Francis Burt Law Education Programme contacts are: Dean Curtis (Manager, Education and Community Services) Michelle Davies (Education Officer) Questions can be forwarded to us via: Email: schools@lawsocietywa.asn.au Phone: (08) 9324 8686 Fax: (08) 9221 4220 2018 The Law Society of Western Australia 14
Presenting Your Case Your team will need to make sure you can answer the following questions: Who was the person responsible for the crime? Do you have evidence to prove your case? Is your submission interesting and creative? 2018 The Law Society of Western Australia 15
Judges The judges will decide a winner based on: Correct identification of the suspect Supporting evidence Creativity The panel members will include: A representative from the Children s Court of WA Chief Magistrate of WA A WA Police Officer A Legal Aid WA lawyer A representative from Curtin University Law School 2018 The Law Society of Western Australia 16
Prizes The winning team will be awarded a trophy and a book pack for their school (or equivalent). Each winning member of the team will receive a medal. The runner up team will receive a plaque and a book pack for their school (or equivalent). Each winning member of the team will receive a medal. A plaque will also be awarded to the ambassador school. The ambassador school is selected based on the manner the teams conduct themselves during the competition. Every participant will receive a certificate of participation. 2018 The Law Society of Western Australia 17
Competition Winners from previous years 2017 First Prize: St Brigid s School, Collie Runners Up: Trinity College Ambassador School: Donnybrook District High School Click on the 2017 First Prize and Runners Up hyperlinks above to view both winning entries. 2018 The Law Society of Western Australia 18
Now you have all the information you need on how the project works, you should be ready to read statements, ask questions and solve your case. Remember, if you ask questions you will get more clues. 2018 The Law Society of Western Australia 19
Education Classes from any school are most welcome to attend the Francis Burt Law Education Programme to view a Magistrates Court in session and participate in a mock trial or trial re-enactment. You will need to contact us to arrange a suitable time. Phone: (08) 9324 8686 or Email: schools@lawsocietywa.asn.au The Francis Burt Law Education Programme has a Lawyer Visits to Schools Network available where you can arrange to have a lawyer come and talk to your school. Schools outside the Perth metropolitan area can also contact their nearest Magistrates Court for information regarding court tours and school visits. 2018 The Law Society of Western Australia 20
Magistrates Court Most cases in WA begin in the Magistrates Court, which has both criminal and civil jurisdictions. Magistrates Court matters include: Criminal summary matters (e.g. traffic offences, shoplifting, disorderly conduct); Civil claims for debt or damages and non-offence based matters (e.g. dividing fences, extraordinary driver s licence applications, restraining orders); and Committals to the District and Supreme Courts for serious indictable matters. The judicial officer in the Magistrates Court is a Magistrate who is referred to as Your Honour. Magistrates do not wear robes or wigs. 2018 The Law Society of Western Australia 21
Legal Terms BRIEF OF EVIDENCE: The documents, including statements and photographs, that the police prosecutor will rely on in a case against a person charged with a criminal offence. CHARGE: When the police formally accuse a person of committing a criminal offence. EVIDENCE: Verbal or written statements of witnesses, documents and other items used to support a party's case in court. HEARING: The time when the parties present their evidence to the court and make submissions on the law that applies to the case. After the hearing the court makes a decision in the case. HEARSAY: Something that was not personally seen or heard by the person giving evidence but told to them by another person. JUDICIAL SUPPORT OFFICER: A person who sits in court directly in front of the Magistrate and makes sure the Magistrate has all of the paperwork that they need for each day in court. The Judicial Support Officer also prepares forms for the court such as arrest warrants and bail papers. JURISDICTION: The authority of a court to decide matters brought before it. The authority may be limited by the place where the dispute arose or an offence was committed, the kind of dispute, the amount of money in dispute or the seriousness of an offence. MAGISTRATES COURT: A lower court in WA, which has the jurisdiction to hear less serious criminal and civil matters. MAGISTRATE: A judicial officer appointed to hear and determine civil and criminal matters in the Magistrates Court. ORDERLY: In the Magistrates Court the orderly is a security officer who announces the opening and closing of court and calls out each case that is going to be heard. POLICE PROSECUTOR: A specially trained police officer appearing in court representing the police in relation to criminal cases. SENTENCE: An order made to impose a penalty to a person after they have been found guilty of an offence or entered a plea of guilty to an offence. WITNESS: A person who saw, heard or experienced something and can give a first hand account. 2018 The Law Society of Western Australia 22
Resources Legal Aid WA Francis Burt Law Education Programme Magistrates Court The Law Society of Western Australia Western Australia Police 2018 The Law Society of Western Australia 23