I need this Essay Rewritten, with added case law and completed References.
I have chosen specific case law to include;
– R v Mitchell [2007] NSWCCA 296 at [29]
– R v McKenna [2007] NSWCCA 113 at [2], [33]-[35]
– R v Woods (unrep,9/10/90,NSWCCA)
– R v Zhang [2004] NSWCCA 358 at [4]
– McIntyre v R (2009) 198 A Crim R 549 at [44]
Instructions from university:
Question 1:
Answer this question using the heading ‘Offence Details’.
Watch the video. Using information from the video, identify the offence and complete the table below.
Only one offence should be nominated.
For the section ‘type of offence’, you should indicate whether it is ‘Summary’ or ‘Indictable’.
If indictable, further categorise whether it is Table 1, 2 or strictly indictable.
Question 2 :
Answer this question using the heading – ‘Elements of the offence’.
Using the facts of the scenario and any supporting case law, discuss how you would prove each of the elements of the offence.
Watch the video scenario critically and address any elements requiring further investigation to satisfy your chosen offence.
Question 3:
Answer this question using the heading ‘Justification of search’.
Under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), discuss the justification of the search after arrest.
Your answer should discuss and refer to case law or legislation relating to:
State of mind required of a police officer BEFORE searching a person or seizing any property found on or in their possession.
Two-fold ‘reasonableness test’.
Specify the circumstances and evidence which justify the search.
Seizure of any items.
Part 15 safeguards.
Question 4:
Answer this question using the heading ‘Police Statement’.
Outline and discuss the evidence you would need to include in your police statement.
Your answer should discuss and address:
Details of police actions and conversations that are relevant.
Considerations of both inculpatory and exculpatory evidence and whether this evidence should be included in your statement .
The legal requirements for a statement according to legislation.
Any relevant sections from the Evidence Act 1995 (NSW) or the Criminal Procedure Act impacting your evidence. Section 33 Evidence Act 1985.
Facts of Secnario:
POI pushes his right shoulder into VIC.
POI description: Male, approximately 5’11, wearing a black beanie, grey baggy pants, white pin stripe shirt, black and white shoes and a dark hoodie with a white flame logo on the back and headphones hanging out of his right pant pocket.
POI has left hand in pant pocket and is holding a white package in his right hand.
Westfield shopping centre.
Victim: Michelle Morrison, Female, 59yrs old, from Canberra
Victim and Accused are strangers
Dr Maria HALLET – medical centre opposite incident
Injuries: Palm of right hand and right elbow are red and swollen.
Pt states Left Wrist, Elbow and shoulder are hurting.
Pt treated at medical centre
Diagnosis: Severe sprain to her right wrist but no fractures, as well as bruising to her right hand, right elbow, right shoulder. The injury to Morrison’s wrist will require it to be immobilised for a period, along with anti-inflammatory injections and pain relief.
Witness: Kate BROWN
“Hi, I’m Kate. That’s him over there.” As she says this, Brown points with her right hand at a male person, who is the only person at the bus stop. Cst Perkins asks, “What did this guy do?” Brown replies, “Oh, sorry, I told the person I spoke to at triple zero. I’d just parked near the entrance to Westfield’s to go grocery shopping. I was about to get out of my car when I saw that guy come out of the centre just step to his right, lined an older lady up and drive his right shoulder and elbow into her. I really hope she is okay. I saw the lady go into the plaza, so I decided to follow the guy and ring the police.” What Brown tells you is captured on your body worn video.
Accused: Myles CYPRESS
As you pull up, the male (who appears to have been snoozing) wakes up. You activate your BWV and inform the male of your details and that you are investigating an assault. You ask the young male for his details, and he shows you his licence which says his name is Myles Cypress, DOB 23/01/2004 address, 15 Mitchell Street, Rossiville. You caution Cypress and then ask him about the assault on the female at the shopping centre. Cypress says, “ I’m not telling you anything” . You conduct a person check with police radio and are informed he has three prior entries for assault in the previous twelve months and failed to appear at court on the last occasion. There are also several recent intelligence entries stating the Cypress always carries a knife on him. You decide to arrest him and conduct a search before transporting him to Rossiville Police Station and processing him.
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