Mock Trial Competition Case Materials 2020 Round 1 FOR SCHOOLS - Law Society of Western Australia
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Mock Trial Competition
Case Materials
2020 Round 1 FOR SCHOOLS
The Law Society of Western Australia
Level 4, 160 St Georges Terrace, Perth WA 6000 | Postal: PO Box Z5345, Perth WA 6831 or DX 173 Perth
Phone: (08) 9324 8600 | Fax: (08) 9324 8699 | Email: info@lawsocietywa.asn.au | Website: lawsocietywa.asn.auState of WA v Boomer Case Summary This is a criminal matter in which the defendant is charged with dangerous driving following a road traffic accident when the defendant's car hit a cyclist causing serious leg injuries. The defendant was driving on the wrong side of a pedestrian refuge and the cyclist was crossing the road on the pedestrian crossing at the time of the accident. The main issue in dispute is whether the accused’s driving is ‘dangerous’. The Prosecution and Defence teams will receive the following: 1. Legal Notes 2. Prosecution Notice 3. Statement of Coco RYDER* (female) 4. Statement of Keenan CHALK* (male) 5. Statement of Oskar BOOMER* (male) 6. Statement of Ivana LEGGETT* (female) 7. Exhibit: Map Sketch NB: Please note: * the above outline is also the order of appearance. The gender of each witness is fixed in order to avoid difficulties in references to “he/she” etc. Students playing the part of a witness are to adopt the role of male or female as indicated. * The sketched map is to be tendered into evidence “by agreement”. Mock Trial Competition: 2020 Round 1 Case Material The Law Society of Western Australia Page 1
Legal Notes
Section 59 of the Road Traffic Act 1974:
59. Dangerous driving causing death or grievous bodily harm
(1) If a motor vehicle driven by a person (the driver) is involved in an incident occasioning
the death of, or grievous bodily harm to, another person and the driver was, at the time of
the incident, driving the motor vehicle —
…
(b) in a manner (which expression includes speed) that is, having regard to all the
circumstances of the case, dangerous to the public or to any person,
the driver commits a crime and is liable to the penalty in subsection (3).
…
(2) For the purposes of this section —
[(a) deleted]
(b) it is immaterial that the death or grievous bodily harm might have been avoided by
proper precaution on the part of a person other than the person charged or might
have been prevented by proper care or treatment;
and
Section 1 of the Criminal Code Act Compilation Act 1913:
The term grievous bodily harm means any bodily injury of such a nature as to endanger, or be
likely to endanger life, or to cause, or be likely to cause, permanent injury to
health;
Mock Trial Competition: 2020 Round 1 Case Material
The Law Society of Western Australia Page 2“Dangerous Driving” For the driving to be dangerous … there must be some feature which is identified not as a want of care but which subjects the public to some risk over and above that ordinarily associated with the driving of a motor vehicle, including driving by persons who may, on occasions, drive with less than due care and attention. Although a course of conduct is involved it need not take place over any considerable period… As Barwick C.J. said …"The section speaks of a speed or manner which is dangerous to the public. This imports a quality in the speed or manner of driving which either intrinsically in all circumstances, or because of the particular circumstances surrounding the driving, is in a real sense potentially dangerous to a human being or human beings who as a member or as members of the public may be upon or in the vicinity of the roadway on which the driving is taking place.”: Jiminez v R (1992) 173 CLR 572 at [13]. PLEASE NOTE: For the purpose of this Competition, it is not disputed that the accused was driving the vehicle and that it was the collision which caused the complainant’s injuries, i.e. the elements of identity and causation are said to be formally admitted by the accused. Furthermore, it is formally admitted that the injuries amount to grievous bodily harm. Mock Trial Competition: 2020 Round 1 Case Material The Law Society of Western Australia Page 3
MAGISTRATES COURT of WESTERN Court number
AUSTRALIA
Magistrates court at Perth
PROSECUTION NOTICE
Criminal Procedure Act 2004 Date lodged 12 February 2020
Criminal Procedure Regulations 2005 - Form 3
Details of Accused Oskar Boomer
alleged
offence Date or period 3 February 2020
[This description
must comply with
the CPA Place Summer Hills
Schedule
1 clause 5.] Description Dangerous driving causing grievous bodily harm. Driving on the
wrong side of Hills Road and colliding with a cyclist on a pedestrian
crossing
Written law Section 59, Road Traffic Act 1974: Dangerous Driving Causing
Grievous Bodily Harm
Notice to You are charged with the offence described above, or the offences described in any
accused attachment to this notice. The charge(s) will be dealt with by the above court.
Accused’s [This description must comply with the CPA Schedule 1 clause 4.]
Details
Date of birth 3 December 1960 Male/ female
Male
Address 32 Able Close, Summer Hills, WA
Prosecutor [Identify the prosecutor in accordance with the CPA Schedule 1 clause 3.]
WA Police
Person Full name Joanna McDonald Official title Constable
issuing this
notice Work address Police Station Summer Hills Work (08) 93211234
telephone
Signature
J McDonald
Witness’s [A witness may not be needed. See the CPA section 23.]
signature
A P Pusher
Justice of the Peace or Prescribed Court Officer
Date This prosecution notice is signed on: 11 February 2020
Mock Trial Competition: 2020 Round 1 Case Material
The Law Society of Western Australia Page 4STATEMENT OF COCO RYDER
Dated 3 February 2020
1. I am 15 years old today and a student at Summer Hills High School.
2. Today I got out of school late as I had a double detention, because I did not attend a road
safety lecture. I went to one of these safety lectures when I was in year 7 and I didn't think that
I needed to go to another one. I am very safety conscious and very aware of the road safety
rules.
3. I was in a hurry to get home because my mother was taking me to collect a new computer for
my birthday. I was very excited and anxious to get home so I cycled along the footpath in the
direction of my home as it is quicker than going by the road. I had to cross Hills Road and
decided to do it at the pedestrian crossing just past Able Close.
4. I stopped at the curb, looked both ways along Hills Road and saw a line of stopped traffic going
towards Summer Hills Shopping Centre on the far side of the road. There was no traffic coming
towards me from Summer Hills or Able Close so I decided to cross using the pedestrian
crossing.
5. I was about half way to the middle of the crossing when I was hit by a sports car coming from
my left. I did not hear any squeal of tyres before the accident and certainly did not see the car.
6. I do not remember anything more of the incident. The next thing I remember was waking up in
hospital. The doctor told me I was taken to the hospital by ambulance and had broken both my
legs. I will be in hospital for quite a while but I have been told that I will make a full recovery.
Mock Trial Competition: 2020 Round 1 Case Material
The Law Society of Western Australia Page 5STATEMENT OF KEENAN CHALK
DATED 3 February 2020
1. I am a teacher at Summer Hills High School and Coco Ryder is one of my students. In the
early evening today I was driving on the Hills Road from Brookside towards Summer Hills
Shopping Centre and I was stuck in the usual traffic jam. I was returning to school having
forgotten my house keys. I must have been distracted when I had to organise Coco Ryder’s
detention, and walked out and left them on my desk.
2. I saw Coco Ryder riding her bike along the footpath coming from the direction of Summer Hills.
She had just crossed Able Close. She was a bit late coming home from school as I had given
her a double detention for not attending a road safety lecture. I have a feeling of guilt about the
accident because if I had not given the double detention - on her birthday - Coco would not
have been riding home so late or in such a hurry.
3. When Coco Ryder was about level with the pedestrian crossing and about 25 metres in front of
me, I saw her stop at the curb, look both ways and she was clearly about to cross the road.
She started out and at that moment a red Mazda sports car pulled out of the line of traffic
directly in front of me squealing its tyres as it did so.
4. The driver started to drive on the wrong side of the road. He went on the wrong side of the
pedestrian crossing. Coco Ryder was about half- way across and looking to her right. She
could not see the red sports car. I knew there would be an accident and there was.
5. The car hit Coco Ryder and the bike flew in the air. Coco was knocked to the ground. I got out
of the car and went to see if Coco was alright but another man was looking after her.
6. I spoke to the driver of the red sports car and he said "I am sorry it was my fault. I was late. I
just did not see the bike."
7. It is my opinion that the driver of the red sports car drove dangerously and caused the accident.
8. I later prepared a sketch plan of the road layout at the scene of the accident.
Mock Trial Competition: 2020 Round 1 Case Material
The Law Society of Western Australia Page 6STATEMENT OF OSKAR BOOMER
DATED 3 February 2020
1. I live at 32 Able Close, Summer Hills in the state of WA.
2. I took delivery of my new Mazda sports car today from the Brookside Mazda garage and I was
driving home along the Hills Road. I got stuck in the usual traffic jam. I am very familiar with
the road, as I drive it every day.
3. If I get stuck in traffic when I get close to my turning I have a habit of pulling out to the other
side of the road and driving up the right side of the road up to the right hand turn of Able Close.
I have seen other locals do this too.
4. When I do this I am very careful to look for oncoming traffic: I usually do it at the point where
there is a pedestrian refuge so that I would get some warning of any pedestrians crossing
between the stopped cars on my left.
5. This dodge saves me several minutes and I had done it lots of times without any incident.
Today, I did my usual dodge. I looked first and checked that there was no traffic coming from
Summer Hills Shopping Centre; the only traffic coming towards me was a girl on her bicycle but
she was on the footpath, pedalling as hard as she could.
6. As the way was clear, I pulled out onto the other side of the road. I did not squeal the tyres or
make any sudden manoeuvers and started to drive carefully towards my turning into Able
Close.
7. When I was almost level with the cyclist she turned from the footpath into the road right in front
of me without looking. There was no warning and nothing I could do.
8. I hit the girl and knocked her off her bicycle. I got out, I could see she was hurt but another
person was helping her.
9. I spoke to another motorist who seemed a little shocked but he did tell me he knew who the
cyclist was. I said “the girl was in a hurry and didn't see me”. The other motorist agreed. I
certainly did not admit any fault. I remember a policeman attending the scene afterwards. I
think I may have spoken to him, but I do not remember any details of the conversation.
10. The young person on the cycle was at fault. She caused the accident because she did not
stop or look before leaving the footpath and crossing onto the road.
Mock Trial Competition: 2020 Round 1 Case Material
The Law Society of Western Australia Page 7STATEMENT OF IVANA LEGGETT
DATED 3 February 2020
1. I live on the Hills Road near to and on the same side as Able Close. Today I was cleaning the
inside of my bedroom windows like I do every Monday, when I saw Coco Ryder coming home
from school. She was riding on the footpath again, despite my telling her not to every time I
see her. I just knew that one day she would get into trouble.
2. I thought of opening my window to tell her off again, but she was going too fast and would not
have heard me. I am the founder and chairperson of the pedestrian advocacy group “SHARP”,
the Summer Hills Alliance to Reclaim the Pavement, and I consider Coco Ryder to be a
continual nuisance to walkers.
3. She was about level with my house when she looked over her right shoulder for oncoming
traffic and turned into the road to cross. I did not see her look left as she did so. In the past, I
have told her off about that as well but she always says something along the lines of “traffic can
only come from the right at that spot”. Today she was wrong and a red sports car had no
chance and there was a crash.
4. The red sports car was driving fairly slowly and carefully. I did not hear any squeal of tyres. It
was signalling as if to turn into Able Close. I have seen other cars drive on the wrong side of
the road at this point in order to jump the line of traffic and turn into Able Close. I have never
seen this particular car do this manoeuvre before.
5. There has never been an accident at this spot in the 10 years I have lived here.
Mock Trial Competition: 2020 Round 1 Case Material
The Law Society of Western Australia Page 8Exhibit: Map Sketch showing road layout of Hills Road and Able Close Mock Trial Competition: 2020 Round 1 Case Material The Law Society of Western Australia Page 9
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