Navigate the supreme and district court benchbooks

Student Name		Student Number
Unit Code & Name	BSBLEG423 Conduct Simple Legal Research
Assessment Name	Assessment 2 - Portfolio	Assessment Task No.		2 of 2
Assessment Due Date		Date submitted
Assessor Name

Student Signature			Date

Core Skills

Oral Communication

Before you begin tasks 2 and 3 below, you must have a verbal discussion with one other person of your choice acting as your Supervisor for this scenario to clarify the tasks, obtain your Supervisor’s views and ask any questions you may have. If you cannot arrange for another person of your choice to act as your Supervisor, your Teacher may act as your Supervisor.

Your Supervisor is to provide you with clear instructions for each task to be completed in this assessment.

You will need to provide evidence of this meeting. Evidence of the verbal discussion must be provided as an audio or video recording approximately three (3) - four (4) minutes in length and upload this recording with your completed Assessment 2 documentation.

TASK 2

Complete the case summary template in Appendix 2.
Save your completed documents to a new file on your desktop following the Appendix 7 process with an appropriate file name of your choice. Take a screenshot of the location where you have saved the documents and include it in your response to this task.

Add this task to your to do list for today by scheduling in some time in your calendar to complete it. Take a screenshot of your calendar entry and include it with your response to this Part.

answer:

In the discussion with my Supervisor, we clarified the tasks required for the research report. Sally Jones emphasized the importance of providing a detailed summary of the relevant offences under the Criminal Code Act 1899 (Qld), consulting the Queensland Supreme and District Court benchbook guides, identifying relevant precedent cases, and evaluating how the facts of the case apply to the offences charged.

Refer to the Memorandum instructions from Sally in Appendix 3 and the Researching Legislation Procedure in Appendix 5.
Complete a research report following the outline in Appendix 6.

Armed Robbery – s411(2) Criminal Code Act 1899 (Qld)
Wilful Damage – s469 Criminal Code Act 1899 (Qld)

2 x Armed Robbery – s411(2) Criminal Code Act 1899 (Qld)
Wilful Damage – s469 Criminal Code Act 1899 (Qld)

Case Summary Task

R v Tuato & Ors [2016] QDCPR 15

District Court, Brisbane
Names of each of the Judge(s) hearing the matter.
Smith DCJA
Division of the Court.
Criminal division

The proceeding type of the case is Trial. Procedural history: hearing date 16^th February 2016, delivered on 25^th February 2016.

Tuato and co-defendants were involved in a series of criminal activities that led to their trial. The main issue was whether their cases should be tried together or separately, given the interconnected nature of their offenses.

Whether the cases of Tuato and his co-defendants could be tried separately.

The judge decided that the cases should be tried together. The reasoning included the interconnected nature of the crimes, the similarity in the modus operandi, and the overlapping evidence which would be more effectively managed in a single trial. The decision was based on ensuring a fair and efficient judicial process.
Order made by the Court.
The court ordered that the cases of Tuato and his co-defendants would proceed together.
A list of any relevant legislative provisions in the case (provide a copy of the relevant section/s at the end of your assessment response document).


Precedent cases related to the joinder of charges and procedural matters relevant to the trial of co-defendants.

Both cases involve multiple defendants charged with similar offenses occurring within a short timeframe and geographical proximity. In both cases, the question of whether to try the defendants together or separately was significant. The primary similarity is the interconnected nature of the crimes, while a difference may lie in the specifics of each incident and the evidence presented.
If you were unable to complete any of the steps for this research or case summary, describe the steps you would take and who you could speak to, to clarify the task and seek assistance.
If I were unable to complete any steps, I would:
Explain where you would save and secure this document in accordance with the Mount Gravatt Law Centre Manual ‘File Management’ procedure.
This document would be saved in the electronic file register under the client’s file number (5190 - Mr John Ellis) on the firm's secure server. A hard copy would also be placed in the corresponding physical file, organized according to the firm's filing protocols
Explain your responsibilities as an employee of Mount Gravatt Law Centre conducting legal research (refer to the Mount Gravatt Law Centre Manual ‘Anti-Plagiarism and Citation Policy’).
As an employee conducting legal research, I must ensure that all sources are accurately cited according to the Australian Guide to Legal Citation (AGLC). I must avoid any form of plagiarism by giving proper credit to the original authors of any referenced work. Additionally, I must maintain the confidentiality of client information and comply with the firm's privacy and citation policies. All research must be thorough, accurate, and conducted with integrity, adhering to relevant legal and ethical standards.

Research Plan
Information required from research	Guidelines from the Queensland Supreme and District Court benchbooks that outline the judicial approach to these offences. Relevant precedent cases that provide context and support for these charges.
Information sources for research
Procedure for obtaining information	- Access the database, search for the Criminal Code Act 1899, and review relevant sections (s 411(2) and s 469). - Access the website, navigate to the Supreme and District Court benchbooks, and locate guides for armed robbery and wilful damage.
Timeframe for task to be completed by
Relevant Mount Gravatt Law Centre Policy/Procedure for research	- Researching Legislation Procedure (Appendix 5): Ensures the use of the most current and accurate legal texts. - Anti-Plagiarism and Citation Policy: Ensures proper citation and acknowledgment of all sources used in the research.

To access Queensland legislation:

Access the Queensland Legislation database - https://www.legislation.qld.gov.au/

End of Procedure

Appendix 6 – Report Outline

Topic to be covered	Explanation of topic

	Armed Robbery involves unlawfully taking property from another person while armed with a dangerous weapon, using or threatening violence. The offence is considered aggravated if the person is armed with a dangerous weapon, is in company with one or more other persons, or if the victim is wounded or subject to violence. Reference: Criminal Code Act 1899 (Qld) s 411(2).
	Summary of the Benchbook Guides: The Queensland Supreme and District Court benchbook guides provide judicial officers with detailed instructions on the application of the law for specific offences, including the elements that need to be proven for a conviction, relevant case law, and sentencing considerations.
	R v Willis [2015] QCA 94 R v Lacey [2009] QCA 274
	The multiple counts of armed robbery reflect the distinct and separate criminal acts committed at the Goodna and Deception Bay locations, justifying the charges laid against John Ellis.
Conclusion	This report has outlined the relevant offences of Armed Robbery and Wilful Damage under the Criminal Code Act 1899 (Qld), summarized the applicable benchbook guides, identified relevant precedent cases, and evaluated the facts of John Ellis' case in relation to these offences. The charges against John Ellis are supported by the legislative provisions and judicial precedents.
Reference List	Criminal Code Act 1899 (Qld)

Appendix 7 – Mount Gravatt Law Centre Procedure for Opening Files and Storing Client Documents

Create a new file on your desktop using an appropriate file number and subject line of your choice for a client file.