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Legal Writing and Drafting

To,

Ms/Mrs. Melissa Cameron,

Victoria,

This is to bring to your notice that this letter has been written to inform you and also advise you regarding your concern about the matter.

As per the facts of the case the collision was between your car and Toyota Corolla happened into the oncoming traffic and no person was injured in the white Toyota Corolla, you and Eveln was unconscious and suffered minor injuries and were taken to the Royal Melbourne Hospital by ambulance for the treatment. This means that there were no major injuries caused to the parties involved in the incident (Victoria Lawyers n.d.).

The summons sent by the Hon'ble Court has mentioned the charge of the offense that on 23rd June 2020, drives a motor vehicle at a speed and manner in a manner that was dangerous to the public which caused serious injuries to Evelyn Jones. The offense type is an Indictable offense, there are no other charges under the Crimes Act 1958. The matter will be heard in The Magistrates’ Court at MELBOURNE, address regarding the same is 233 William Street Melbourne 3000, Time is 10 am Day 17, Month August, the Year 2020 (Charge and Summon n.d.).

Therefore, the offense for which you have been charged is an offense of Dangerous Driving causing death or serious injuryunder section 319 (1A) of the Crimes Act 1958 (Vic) which tells about the offence that, the accused was driving the vehicle, the speed or the way of driving was that dangerous to the public that it may have led to in the regards of to all the situations and circumstances of the case, cause of death of another person is a serious injury caused because of the act committed by the defendant. Penalty for which is level 6 imprisonment, for 5 years maximum if found guilty. In this matter, we can contest and ask the officer to negotiate for a lesser charge and if the police agree, we can plead guilty to a lesser charge under Careless Driving or Dangerous Driving under Road Safety Act, as the case from the side of police looks strong, still, suspension of license is fine at most rather then imprisonment.

Section 64 of Road Safety Act 1986 (Vic) says about Dangerous Driving, and contains that the person or an individual should not drive any motor vehicle in such a rash manner that leads to the danger to the lives of the public as for which the penalty shall be of not more than 240 penalty units or can be imprisonment for not more than 2 years or can be both. If the person is found to be guilty, in such matter the court must cancel the license or the permit for learner or whether or not the offender if holds the licence or permit shall be disqualified for not less than 6 months also, it depends on the vehicle driven, if the speed of the vehicle is 45km per hour then that shall be permitted for 12 months.

Section 65 of Road Safety Act 1986 (Vic) says about if a person who drives a vehicle carelessly on a highway will be convicted on such offense and the penalty shall be of 12 penalty units for the first time and if the person is subsequent then it shall be 25 penalty units. One penalty unit in Victoria is currently $165.22 as at 1.7.2020 and the penalty unit is the value of the fine imposed on the accused for the particular offense and mentioned penalty for the crime under the law.

The brief of the evidence will be given in the court against you if you do not appear in the court. The Magistrate then shall consider the evidence and decide whether you are guilty or not regarding the same you will receive notice if found guilty. Details and information against you contain the charge sheet, witness statement which will be produced at the court hearing, photos of Eveyln Jones showing injuries which were clicked by the police photographer (Brief of Evidence n.d.).

 Further, as per the statements of witnesses, there was no such major injury caused to anyone who all is involved in the collision. The damages caused to the other party can be compensated. The injuries caused to Evelyn were minor and are not even permanent also as per the statement of Evelyn the injuries he faced will take a minimum a month and will have to take one month off from the school to recover. Evelyn can also be compensated for the damages faced because of this incident, also the injuries caused to him were unintentional (Witness Statements n.d.).

As per the statement of Matthew Sharp, the owner of white Toyota Corolla have mentioned in his statement that no injuries were caused to him but the car is irreparable (Witness Statements n.d.), therefore, damages can be compensated through you as you are an inexperienced driver and this incident is the first offense and had the clear record before .

The only thing for now which we can do is to offer compensation to Evelyn and negotiate with police to downgrade the charges of section 319 (1A) of Crimes Act 1958 (Vic). If the prosecution agrees, the charge can be amended and the defendant pleads guilty to the lesser charge (Victoria Lawyers n.d.).

LIST OF WITNESSES AGAINST YOU: (Brief of Evidence)

  • Timothy Matthews (the arresting officer)
  • Sally Fields (interview officer)
  • Evelyn Jones (victim)
  • Matthew Sharp (witness)
  • Jake Zammit (police photographer)

For the further pieces of evidence and details about the matter will be discussed in the next interview or meeting. The next interview will be held probably after 2 weeks and I would request you to deposit the amount of $5,000 as I have to deposit the amount to the retainer, and as discussed you will have to pay the amount in two monthly installments. It is a humble request to you to pay the first installment out of the two so that I can proceed with the further matters related to the case. The time for the next interview or meeting shall be 4 hrs. most probably from 11 am to 3 or 3:30 pm.

Regards,

Bibliography for Letter of Advice

Legislations/Acts

The Crime Act 1958 (Vic)

  • Section 319 (1A)

Road Safety Act 1986 (Vic)

  • Section 64 (1)
  • Section 65

Brief of Evidence

Charge and Summons

Witness Statements

Victoria Lawyers interview notes with Melissa Cameron

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