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EXAMPLE TWO (Beginners)
DEVON
Information for Prosecution
"If it pleases the Court your Honour, my name is Thomson" and I appear for the Prosecution in this matter."
On 22nd February 1999 at 1 1.30pm, Police on Prospect Road saw the defendant on a motor cycle. The Police stopped the defendant in relation to a possible breach of the Road Traffic Act. Police asked the defendant to state his name. The defendant states 'Jules Robertson'. The defendant was asked for his address and gave "33 Gloucester Street, Prospect". He then said 'I lied before, my correct name is Andrew Devon'. He was asked why he lied and said it was because he did not have a proper licence to drive a motor cycle. He did not have a class '4" licence.
He said that he had given a friend's name but his correct address and had done it because of being caught without an appropriate driver's licence.
The Police requested the defendant to turn out his pockets. The defendant took out the contents of his jacket and among the contents was a plastic bag containing green vegetable matter.
The defendant was cautioned and asked what the vegetable matter was. He said 'dope'. When further questioned he admitted it was marijuana or Indian hemp. He said that he had bought it for $30 for self consumption only.
The substance was later analysed and found to be Indian hemp. The quantity was about 20 grams.
The defendant said that he had bought the Indian hemp about a month ago. The Police also looked at the defendant's driver's licence, which was a valid driving licence for a motor car but not for a motor cycle.
The defendant has two prior convictions. The Christies Beach Court on 14 February 1992 on a charge of possession of Indian hemp. The defendant was convicted and fined $100.
Those are the facts your Honour.
Information for the Defence Lawyer
'If it pleases the Court your Honour, my name is Penny Cavanagh and I appear for the Defendant in this matter."
The facts as alleged by the Prosecution are admitted.
The amount of marijuana involved was very small and my client has told me emphatically that it was only for personal use.
My client gave a false name because he didn't have the appropriate driver's licence, but he admitted that he had given a false name before they found out.
My client was riding his girlfriend's motor bike. He has been riding motor bikes for a long time now and used to ride them when you could drive a motor bike with a car licence. He has never owned a bike himself and therefore did not get a motor cycle specific licence.
My client accepts that he will lose his licence for a period of time. He is sifting a test for a motor cycle licence for next Thursday or Friday.
My client is aged 42 and lives at the address on the Complaint. He does not have a telephone at work or at home.
My client has a prior conviction for possession of Indian Hemp. My client assures me he only has Indian Hemp for personal use and that he prefers it to alcohol.
My client is currently working at a holiday job at Birdwood Saw Mills as a labourer. He believes he should be able to work for another 3 weeks and earn $300 per week net.
When he has finished his course in Social Work in one more year he hopes to get a job with the Department of Education and Children's Services counselling parents or children. If this is not possible he will try to obtain work in community development.
My client lives in a house at Prospect with three other students. He earns money during the holidays to support himself the rest of the year. He tries to live on $150 a week but he tells me this is very tight your Honour. He would like to avoid a fine if at all possible and is happy to do some community work if possible. He believes his co-operation with the Police at the time of the incident should support this off to act in good faith.
EDUCATIONAL USE ONLY
SOUTH AUSTRALIA
COMPLAINT
Summary Procedure Act, 1921 - Sections 49 and 57
The Complaint of Police of Holden Hill this 21st day of March 2000 who states that
ANDREW DEVON, Trainee Social Worker of 31 Gloucester Street, Prospect on the 22nd day of February 2000 at Prospect in the said State:
Drove a motor vehicle on a road,
Section 131 of the Criminal law Consolidation Act 1935 - 1979.
......
(Complainant) (Witness - a Registrar
or Justice of the Peace)
SWORN before me at
this day of 20
......
(Justice of the Peace)
Prosecution Address
Prosecution Telephone
(Reprint No. 13)
PART 3
Motor Vehicles Act 1959
PART 3
DRIVERS'LICENCES
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Classification of licences
72. (1) A licence must be endorsed with one or more of the prescribed classifications
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(7) Subject to this Act, where a person applies for the grant of a licence, the licence, if granted, must be endorsed with any classification for which the person has applied.
(8) Subject to this Act, where a person applies for the renewal of a licence, the licence, if renewed, must be endorsed with the classification with which the licence was endorsed immediately prior to renewal.
(9) Where an applicant for the renewal of a licence applies for the endorsement of any further or other classification upon the licence, and satisfies the Registrar, by such evidence as the Registrar may require, that the applicant is competent to drive a motor vehicle in respect of which that further or other classification is required under this Act, the licence, if renewed, must be endorsed with that further or other classification.
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Register of licences
73.(1) The Registrar must keep a register of the names and addresses of all licensed drivers, and of all endorsements on, and renewals, suspensions, and cancellations of, licences.
(2) 'The register will contain such other information as the Registrar thinks necessary for the administration of this Act and will be in a form determined by the Registrar.
Duty to hold licence or learner's permit
74..(1) Subject to this Act, a person must not drive a motor vehicle on a road unless the person holds an appropriate licence or a learner's permit.
Penalty: Division 8 fine.
(la) A person who drives a motor vehicle on a wharf for the purpose of loading, or unloading, cargo is not required to comply with subsection (1) while so driving,
(2) 'Appropriate licence', in relation to the driving, of any motor vehicle, means a licence which authorises the holder to drive motor vehicles of the class to which that motor vehicle belongs.
(Reprint No. 13)
PART 3
Road Traffic Act 1961
(2) A Person to whom a direction of a member of the police force is given pursuant to this section must forthwith comply with it.
(3) Where a direction is -given under subsection (1) to a person who appears-
(a) to have charge, care or custody of a vehicle on a road; or
(b) to have left a vehicle standing on a road,
that person is not guilty of an offence against this Act of failing to comply with the direction if it is proved that he or she did not have charge, care or custody of the vehicle and did not leave the vehicle standing on the road.
Power to stop vehicle and ask questions
42. (1) A member of the police force or an inspector may-
(a) request the driver of a vehicle on a road to stop that vehicle;
(b) ask the driver or the person apparently in charge of a vehicle (whether on a road or elsewhere) questions for the purpose of ascertaining the name and place of residence or place of business of that driver or person, or of the owner of the vehicle, or the nature or constituents of the load on the vehicle, or for, the purpose of estimating the mass of the vehicle.
(2) A person must forthwith-
(a) comply with a request made under subsection (1) to stop a vehicle
(b) truthfully answer any questions put under subsection (1).
Accidents
Failure to stop and report in case of accident
43.(1) In this section-
"accident' includes a collision, whether caused intentionally or otherwise;
'animal' includes a dog.
(2) This section applies only to accidents in which-
(a) any person or animal is injured or killed; or
(b) any real or personal property (other than an animal) is destroyed or damaged.
(3) If owing to the presence of a vehicle on a road an accident occurs, the driver of every vehicle concerned in the accident must-
(a) stop the vehicle forthwith;
(b) if a person has been injured in the accident, immediately render all possible assistance;
(c) if requested to do so by any person having reasonable grounds for such request, state his or her name and address and the registered number (if any) of his or her vehicle and any other information necessary to identify it;