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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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Are you able to please review my response mock tr

Customer Question

Hi are you able to please review my response for a mock trial?
Submitted: 2 years ago.
Category: Australia Law
Expert:  Leon replied 2 years ago.
Good Evening
My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.
What is your question?
Customer: replied 2 years ago.
Thank you so much. Could I please somehow send the document to you?
Expert:  Leon replied 2 years ago.
Email it to
***@******.***
Customer: replied 2 years ago.
Ok thanks.
So basically I am prepping for a mock trial. Could you please review my answer?
Expert:  Leon replied 2 years ago.
Send me the answer and I can look at it and give you my take on it.
It may take 24 hours to get to me as they check all emails before sending them to us.
Customer: replied 2 years ago.
Oh no I need it by lunch time tomorrow.
Expert:  Leon replied 2 years ago.
Send it and if it comes earlier I will respond.
I cannot do much more than this.
Customer: replied 2 years ago.
Ok sent
Customer: replied 2 years ago.
How about I copy paste my response now because that's in word? I can't copy paste the question because that's in pdf.
Customer: replied 2 years ago.
If your Honour pleases, my name is***** and I am appearing with my learned friend Nicole Wang, for the prosecution. We are instructed by Niamh Braddock Hanratty.
Good afternoon Ladies and Gentleman.
May it please the Court Your Honour, my name is***** and I appear for the prosecution here today, Ms Cameron Visser.
I am present here today to prove charge of the defendant. In order to do this, the prosecution bears the onus that the defendant, under the Crimes ct 1900 Section 52 A (3) beyond reasonable doubt, engaged in dangerous driving, occasioning in grievous bodily harm. The defendant here today, Ms Ashley Stone, did, in fact, on 30th March 2015, at Uki, New South Wales, drive a motor vehicle, a motor car registered CAR007, in a manner dangerous to the public, when the vehicle was involved in an impact whereby grievous bodily harm was caused to my client, Cameron Visser.
As the prosecution, we bear the onus that:
1. the accused was the driver of the vehicle; and
2. that the vehicle was involved in an impact, with another vehicle; and
3. that the impact caused grievous bodily harm; and
4. that, at the time of the impact, the accused was driving the vehicle in a manner dangerous to another person
Today, you will be presented with evidence and will hear testimony from my witness which will leave you in no doubt in your mind of the guilt of the defendant.
Our key witness for this case is Ms Cameron Visser. Ms Cameron Visser’s testimony will provide evidence that she is both a very experienced and cautious motorbike rider. She and our second witness, Drew Jettinson, were driving along Carrie Dam Road, whereby the car of the defence, suddenly pulled out and crashed into my client, causing him serious injury. This testimony shows that the defendant Ashley Stone admits that they were distracted while driving.
Our second witness for this case, will provide further evidence for the dangerous driving undertaken by the defendant which directly caused physical harm to my client, which was out of my client’s control.
In the Year of 1938, the case of R v Coventry, the burden of proof required was that the defendant was driving in a manner, which presented danger to the public, which would be recognized by any ordinary person as dangerous. Ladies and gentlemen, in tonight’s court trial, you will find that the defendant was distracted by the scenery of the road, and because of his distracted state and inattentiveness, admitted to not even noticing my client on the motorbike, resulting in a terrible accident. This case follows the precedent of the case of R v Conventry, as driving in a manner which presents risk to the public is in fact dangerous driving.
In the year of 2012, we had a very similar incident occur. The accused was driving a Landcruiser with four passengers, while towing a trailer, while operating his Ipod. His inattentiveness caused a rollover. Judge Barrett was satisfied beyond reasonable doubt that the accused’s driving would have been recognized by a reasonable person in his position as representing an unacceptable risk of danger to the public. Like the high degree of vigilance required in this case which was disregarded by the driver, a high level of vigilance is required by car drivers, especially where motorbikes are present and are less protected than car drivers. This case, ladies and gentlemen, has set a precedent. This case is in fact very similar to the one we have here today, whereby the inattentiveness of a car driver directly caused the grievous injury to an innocent motorbike driver. Therefore, Ashley Stone is extremely accountable for charge.
Thus, beyond reasonable doubt, the defendant engaged in dangerous driving which directly caused the injuries of my client Ms Cameron Visser.
Expert:  Leon replied 2 years ago.
Good Evening
If you are the prosecutor you do not appear for them you represent the crown.
Is this your opening address?
Customer: replied 2 years ago.

yes prosecutor

Expert:  Leon replied 2 years ago.
Good Evening
What are you trying to do in your speech?
The reference to cases should be given at the end when summing up not at the beginning
You should summarise the charges and also how many witnesses you have and what you will be trying to show to the jury,
You should not reveal what the witnesses have to say.
This is what you will be showing not bearing the onus
As the prosecution, we bear the onus that:
1. the accused was the driver of the vehicle; and
2. that the vehicle was involved in an impact, with another vehicle; and
3. that the impact caused grievous bodily harm; and
4. that, at the time of the impact, the accused was driving the vehicle in a manner dangerous to another person
Your onus is to prove the above beyond reasonable doubt.
If they accept your evidence and accept the above then they would find him guilty.
I hope this makes sense?
Customer: replied 2 years ago.

Are you able to please do track changes to my work?

Customer: replied 2 years ago.
Relist: Other.
No response
Expert:  Leon replied 2 years ago.
Good Afternoon
I did not see any changes I have only just been able to log back in
If it is too late let me know and I will arrange for you to get a refund
Customer: replied 2 years ago.
Hi Leon
Yes it was too late. I needed to submit by lunchtime today. Please organise refunds.