Factual Scenario
You have been engaged to act as the defence lawyer for Trevor (Fingers) Aitkens, a man charged with a burglary offence. Fingers is a Murdoch IT student and a man with a burglary record that runs to several pages.
The prosecution will allege that Fingers broke into a Murdoch University office (Room 2.020 in the law building, to be precise) in order to steal an exam paper from the Evidence lecturer. It appears that he was successful in doing so as all the students in the 2020 Evidence class received an HD grade, and several of them will give evidence that they purchased a copy of the paper before the exam from a mature age student.
The prosecution will lead the following evidence:
Video footage of a white Holden Commodore entering the University Car park the evening before the exam paper was stolen and leaving again about an hour later. The license plate on the car matches the licence on your client’s car.
Three student witness who will each testify that they purchased a copy of the paper from a mature student who told them that Fingers had managed to get into the lecturer’s computer.
A university cleaner who will testify that he saw Fingers in the corridor where the evidence lecturer’s office is at about 5pm on the night of the theft.
An electronic drive seized from Fingers that has a copy of the examination paper on it.
A senior law student who will testify that he was approached by Fingers and offered the exam paper for the sum of $500.00. He will testify that he refused but that he later found that another student had purchased it.
The prosecution has also made an application to lead evidence of Fingers’ prior convictions.
Fingers tells you that on the night in question he went to the university to find his wife, whom he suspected of having an affair with a law student. He says that he searched everywhere for her but was unable to find her. He say that he believes that she and the law student stole the paper together and are trying to frame him. After all he says, everyone knows that law students will stoop to just about anything. He says he does not know the name of the law student she is seeing.
Fingers is concerned that he has a reputation as a bit of computer wizard and that it will be easy for the police to show that he has the capacity to hack into a computer.
Write a memo to your managing partner, Steve, setting out your view of the issues of evidence. Ensure that it complies with the instructions in the LAW352 Unit Guide and any further instructions posted on the course notice board. Write from the position of a summer clerk addressing a senior criminal lawyer!
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