About 22:40 on a Saturday night, Constables BURR and RAMSAY attend a residence at 9 Day Circuit, Northside in response to a ‘steal from motor vehicle’ offence that occurred about 10 minutes prior. There they speak to David DARK, the registered owner of a 2017 white Toyota utility, registered number ECY39Q, which is parked outside the premises.
DARK states that about 22:30 he was getting dressed to commence his shift as a local courier when he heard the sound of breaking glass at the front of the premises. He looked outside and saw the front passenger door of his ute open and the window smashed. A teenage male was sitting on the passenger seat and appeared to be looking through the centre console. A teenage female was standing next to the male with her left hand holding the top of the window frame. She was peering into the vehicle.
DARK says that he immediately ran outside towards them, at which time the male yells, “Quick Kellie, run!” Expecting this, DARK manages to take a single photo on his mobile phone that clearly depicted the male getting out of the utility—including a clear image of his face—but only the back of the female. DARK was, however, able to get a quick glimpse of her face as both turned and ran south towards the CBD. DARK did not give chase.
DARK points to a large hammer and a single black “Dainese” brand leather motorcycle glove (size large, right hand) sitting in the footwell that was apparently used by the offenders. DARK states the offenders have stolen $600 from the console consisting of 12 x $50 notes rolled into a tube and secured with a rubber band. DARK adds that he was meant to give the money to a work colleague that night to pay for his accommodation for an upcoming fishing trip. He believes his ATM receipt showing the withdrawal of the money earlier that day from the St George bank in Northside is rolled up with the money.
In addition to the photograph he took of the offenders, DARK states that he noticed the male had a small tattoo on his right wrist that appeared to be a word or name in cursive writing (obscured in the photo); while the female had a heavily freckled face.
Cst BURR makes a record of the complaint in his notebook, while Cst RAMSAY photographs the vehicle and general scene. Cst RAMSAY also took possession of the glove and hammer as exhibits.
About this time, Cec BAYLISS from 5 Day Circuit approaches and states that his 2019 silver Mazda wagon, registered number CB-1960, has also been broken into and his mobile phone stolen from the centre console. BAYLISS is the registered owner of that vehicle. BAYLISS states that he and his wife had been out to dinner with friends and only arrived home in the vehicle at 22:15. He discovered the damage as he was putting out the garbage bins at 22:45, at which time he also noticed police speaking to DARK.
Csts BURR and RAMSAY walk with BAYLISS to his car and observe the front passenger door window has been smashed in a similar manner. BAYLISS informs Cst BURR that his vehicle is fitted with a dash camera that records even while the vehicle is parked. He then checks the device and this reveals the sound of breaking glass and vehicle body movement at 22:26. A female voice is heard to say, “Grab the phone.” Nothing is captured by the front camera as it was awkwardly positioned. At 22:27 the rear camera captures two people of strikingly similar builds and wearing identical clothing to that captured in the photograph taken by DARK running away from the vehicle north towards 9 Day Circuit. The male is wearing black gloves and holding a hammer identical to that recovered from ECY39Q in his left hand.
At 22:32 both persons are captured running back (south) towards the CBD but it is too dark to see their faces clearly.
Cst BURR makes a record of the complaint in his notebook, while Cst RAMSAY photographs the vehicle and general scene. As this is occurring, Anne BAYLISS comes outside states that she used a location app to track the phone as far as Lundie St but the phone has now been switched off. Cst BURR records this information and also arranges for Cec BAYLISS to email him a copy of the dash cam footage.
Both constables depart the scene shortly after and commence patrolling the vicinity of Lundie St before diverting to other jobs. Throughout the early hours they see DARK several times making deliveries to various businesses around the CBD (the courier company has after-hours access to ensure products are available for the start of trading each day).
About 03:05 hrs Anne BAYLISS phones Cst BURR and states that her husband’s phone has been switched on again and the location app places it near the intersection of Marsh and Costello Streets. The constables attend the location, which is near a 24-hour service station in the CBD. A large crowd of people are gathered on the forecourt after the closure of a local nightclub (a regular occurrence). Initially their attention is diverted to dealing with a number of intoxicated people obstructing traffic on Marsh St.
Amongst the crowd Cst BURR sees a male and female sitting on a railing near the entrance to the service station drinking coffee. They appear unconcerned by the presence of police. Cst BURR looks at the image taken by DARK and realises they are the offenders. As the constables approach, the pair see this and immediately decamp along Costello St but are quickly chased down and arrested a short distance away.
Cst BURR searches the male and locates a total of $554 consisting of 11 x $50 notes and 2 x $2 coins; a rubber band; a St George Bank ATM receipt; and a single black leather glove. Also located was a receipt from the service station totalling $46 for two coffees and a packet of cigarettes (later found on the female). The male refuses to provide his details.
Cst RAMSAY speaks to the female but she refuses to provide her details. At this time a woman identified as Leanne PADDISON approaches the female and attempts to hand her a mobile phone in a protective case. PADDISON says, “Hey, you dropped your mobile phone back at the service station—you might need it to call your lawyer!” The female attempts to take possession of it and says, “Thanks.” Cst RAMSAY intervenes and takes possession of the phone. Cst BURR calls the mobile number for Cec BAYLISS and the phone begins to ring.
Both the male and female are subsequently conveyed to Northside Police Station and entered into custody. They refuse to cooperate with police or answer any questions but are eventually identified via fingerprints as Scott LAWLER, 19 years old, and Kellie GORDON, 18 years old, both of a Southside address.
Task 1: Identification Evidence (Total 700 words)
- Does the recognition of LAWLER and GORDON at the service station by Cst BURR amount to identification evidence? You must explain and justify your answer by reference to relevant legislation and case law where necessary.
- Based only on the information contained in the scenario, was there an opportunity to identify LAWLER and GORDON at the service station in a different way? You must explain and justify your answer by reference to relevant legislation and case law where necessary.
- Was the photograph taken by DARK identification evidence or some other form of evidence? You must explain and justify your answer by reference to relevant legislation and case law where necessary.
Task 2: Offences and Proofs (450 words)
- List all the offences committed by LAWLER and GORDON including the Act and specific section.
- List the elements of each offence.
- List the specific information contained in the scenario that proves beyond reasonable doubt every element for each offence.
- In terms of her criminal complicity, what role did GORDON play in the offences? Explain and justify your answer by reference to relevant legislation or case law where necessary.
Task 3: Real and Circumstantial Evidence (450 words)
- Create two separate headings titledECY39QandCB1960. Read through the scenario again and, under each respective heading using dot point form, list all of theavailableevidence that might be included in a brief of evidence to meet all the elements of each offence listed in your response to Task 2.
- Identify and include in the list the actions you would take to obtain other potential sources of evidence, e.g. latent evidence, business records, electronic data, etc.
Note:you must be specific and comprehensive, e.g. if a particular business record was required, in addition to obtaining the record itself, you must also include any legislative process required to ensure its admissibility as evidence.