Mock Trial Competition
Case Materials
2017 Round 1
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: [email protected] | Website: lawsocietywa.asn.au
Mock Trial Competition
The State of Western Australia v Chalk
Case Summary
A criminal trial in which the accused is charged with an assault occasioning bodily harm.
It is alleged that on 22 November 2016, Mr Gabriel Chalk, a Science teacher at Avalon Senior High School,
assaulted a student, Jason Kidd, causing him bodily harm.
The Prosecution and Defence teams will receive the following:
1.
2.
3.
4.
5.
6.
7.
Legal Notes
Prosecution Notice
Statement of Jason Kidd
Statement of Jason’s friend Buddy Tindall
Statement of Gabriel Chalk
Statement of Gabriel Chalk’s colleague Mark Tickner
Exhibit: Statement of Dr Devma Patella, the treating doctor*
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’ or ‘she’. Students playing the part of a witness are to adopt the role of
male or female as indicated.
*The statement of the medical practitioner is to be tendered into evidence ‘by agreement’
Mock Trial Competition
The Law Society of Western Australia
2017 Round 1 Case Materials
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Mock Trial Competition
Legal Notes
Legislation
The Criminal Code (WA) s 317 provides:
317. Assault causing bodily harm
(1) Any person who unlawfully assaults another and thereby does that other person bodily harm is
guilty of a crime, and is liable —
(a) if the offence is committed in circumstances of aggravation or in circumstances of racial
aggravation, to imprisonment for 7 years; or
(b) in any other case, to imprisonment for 5 years.
Alternative offence: s. 313.
Summary conviction penalty:
(a) in a case to which paragraph (a) above applies:
imprisonment for 3 years and a fine of $36 000; or
(b) in a case to which paragraph (b) above applies:
imprisonment for 2 years and a fine of $24 000.
The Criminal Code (WA) s 222 provides:
222. Term used: assault
A person who strikes, touches, or moves, or otherwise applies force of any kind to the person of another,
either directly or indirectly, without his consent, or with his consent if the consent
is obtained by fraud, or who by any bodily act or gesture attempts or threatens to apply force of any kind to
the person of another without his consent, under such circumstances that the person making the attempt
or threat has actually or apparently a present ability to effect his purpose, is said to assault that other
person, and the act is called an assault.
The term applies force includes the case of applying heat, light, electrical force, gas, odour, or any other
substance or thing whatever if applied in such a degree as to cause injury or personal discomfort.
The Criminal Code (WA) s 1 (1) provides:
The term bodily harm means any bodily injury which interferes with health or comfort.
Mock Trial Competition
The Law Society of Western Australia
2017 Round 1 Case Materials
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Mock Trial Competition
Case Law
Intention
In Hall v Fonceca [1983] WAR 309, a judgment of the Supreme Court of Western Australia, Smith and
Kennedy JJ stated (at page 4):
“At common law, the weight of opinion clearly favours the view that there must be, on the part of the
assailant, an intention either to use force or to create an apprehension of the use of force on the part of
the person being assaulted.”
The defence of accident:
The accused is not held liable for their actions if they are unintended, involuntary or unforeseeable.
It is up to the prosecution (‘the Crown’) to prove that the offence was committed intentionally and
voluntarily.
The test for determining whether an event occurred by accident:
In Kaporonovski v The Queen (1973) 133 CLR 209, Gibbs J said (at 231):
“It must now be regarded as settled that an event occurs by accident within the meaning of the rule if it
was a consequence which was not in fact intended or foreseen by the accused and would not reasonably
have been foreseen by an ordinary person.”
In R v Taiters; ex parte Attorney-General of Queensland [1996] QCA 232 (16 July 1996), the Court noted at
(338):
"The Crown is obliged to establish that the accused intended that the event in question should occur or
foresaw it as a possible outcome, or that an ordinary person in the position of the accused would
reasonably have foreseen the event as a possible outcome."
Mock Trial Competition
The Law Society of Western Australia
2017 Round 1 Case Materials
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Mock Trial Competition
MAGISTRATES COURT of WESTERN
AUSTRALIA
PROSECUTION NOTICE
Criminal Procedure Act 2004
Criminal Procedure Regulations 2005 - Form 3
Details of
alleged
offence
Court number
Magistrates court at
Perth
Date lodged
24 February 2017
Accused
Gabriel Chalk
Date or period
22 November 2016
[This description
must comply with
the CPA Schedule Place
1 clause 5.]
Avalon Senior High School, Avalon
Description
Assault causing bodily harm
Written law
Section 317, The Criminal Code (WA)
Notice to You are charged with the offence described above, or the offences described in any attachment
accused to this notice. The charge(s) will be dealt with by the above court.
Accused’s
Details
Prosecutor
[This description must comply with the CPA Schedule 1 clause 4.]
Male/ female
Male
Date of birth
3 September 1990
Address
11/33 Romero Road, Leederville, WA
[Identify the prosecutor in accordance with the CPA Schedule 1 clause 3.]
WA Police
Person
issuing this
notice
Full name
Emma Churches
Official title
Constable
Work address
Police Station Avalon
Work
telephone
(08) 9555 1234
Signature
E Churches
Witness’s
signature
[A witness may not be needed. See the CPA section 23.]
A P Pusher
Justice of the Peace or Prescribed Court Officer
Date
This prosecution notice is signed on: 23 February 2017
Mock Trial Competition
The Law Society of Western Australia
2017 Round 1 Case Materials
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Mock Trial Competition
STATEMENT OF JASON KIDD
Dated 22 November 2016
1.
I am 17 years old and a student at Avalon Senior High School.
2.
I had a science class today with my teacher Mr Chalk. He has been my science teacher for the past
year, but I did not know him before that.
3.
He has never hit me or done anything like that before. I have no reason to make up a story against
him and I wouldn't anyway.
4.
It is true that I have had two warnings from the Principal about my behaviour in class and that she
has threatened me with expulsion if I misbehave again. However, Mr Chalk has never warned me
about my behaviour.
5.
About 11.00am this morning, I was sitting at a table with my friend Buddy Tindall. We were
supposed to be heating up a test tube of blue solution in a beaker of water. The beaker was on a
tripod, which was over the Bunsen burner. It looked very unstable to me and I did not like the
smell. I could see no reason for doing the experiment.
6.
I was stirring the water in the beaker, which made the test tube bang around. Mr Chalk yelled at
me to stop fooling around and leave the beaker alone. I was a bit embarrassed.
7.
Buddy suddenly said to me: "Let’s see how hot we can make the tongs and then get Chalk to pick
them up." I said: "You can do it, but I don't want to get involved."
8.
Buddy then heated up the handles so that they were hot and then put them down on the table.
The tongs burnt the wooden bench and there was a smell of burning.
9.
At that moment Mr Chalk came across and asked what was going on. Because I wanted to stop
Tindall (Buddy) from getting into trouble I said: "Something is burning in the test tube – hurry, it
could explode!”
10.
Mr Chalk took hold of the tongs with his right hand in order to pick up the test tube. I hadn't
expected or wanted him to do this. He then dropped the tongs turned towards me so that he was
facing me and said: “Why, you little . . ."
11.
Mr Chalk did not finish off what he was going to say. He then paused for a moment, looked at me
again then hit me with the back of his hand. The blow was hard and knocked out my tooth and cut
my lip.
12.
The blow was quite deliberate. Mr Chalk then ran out of the classroom. I ran home because I knew
my mum was there and my home is very close to the school. My mum took me to the dentist at
about 1.30 pm. My mouth was very painful and I could not eat anything.
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The Law Society of Western Australia
2017 Round 1 Case Materials
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Mock Trial Competition
STATEMENT OF BUDDY TINDALL
Dated 29 November 2016
1.
I am 17 years old and a student at Avalon Senior High School.
2.
On 22 November 2016 I was in a science class with my friend Jason Kidd. The teacher was Mr
Chalk. Jason and I did not like him much as he was always telling us to 'behave’ and 'grow up.'
3.
During the class Jason heated up some tongs hoping that Mr Chalk would pick them up. I didn't
want to have anything to do with it, but he said it would be fun to see Mr Chalk squirm for a
change.
4.
Jason then heated up the handles of the tongs and put them on the table. There was a terrible
smell of burning wood.
5.
Mr Chalk came over and immediately picked up the tongs with his right hand and then shouted
something out which I cannot remember.
6.
Mr Chalk then struck Jason with the back of his hand. It all happened very quickly but I am sure
that the blow was quite deliberate and not accidental.
7.
Mr Chalk ran out of the room. Jason was bleeding from the mouth and then ran home.
Mock Trial Competition
The Law Society of Western Australia
2017 Round 1 Case Materials
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Mock Trial Competition
STATEMENT OF GABRIEL CHALK
Dated 29 November 2016
1.
I am a teacher at Avalon Senior High School, and I am 26 years old. This is my first year as a
teacher.
2.
On 22 November 2016, I was scheduled to teach a science class from 10 am until 11.50 am. The
class started promptly at 10 o’clock and we began an experiment at 10.45 am.
3.
The students split off into pairs in order to carry out the experiment and I began drawing a chart on
the whiteboard for their results. I then smelt burning. I went straight across to the table where
Jason Kidd and Buddy Tindall were supposed to be working. I just knew that they would be
involved somehow.
4.
As I approached, Jason said that something was burning in the test tube and could explode. I
immediately grabbed the tongs to remove the test tube from the Bunsen burner. As I am right
handed I automatically used my right hand to pick up the tongs.
5.
Unbeknownst to me the tongs had been heated up and burnt the palm of my right hand. I
assumed Jason had done it. He always manages to disrupt every class I take. I leapt back in pain,
dropped the tongs and quite accidentally struck Jason across his face with the back of my right
hand. It was not deliberate.
6.
I ran out of the Science Laboratory without saying anything because I was in so much pain. I went
straight to the Principal's office and explained that Jason’s behaviour had led to my hand being
burnt and I explained to her that I had accidentally hit Jason.
7.
I asked her to call the police because I was so concerned about Jason's behaviour, as it was getting
out of hand. Last week I had warned Jason and Buddy Tindall about fighting in class. I told them
that I would report them to the Principal if they misbehaved again.
Mock Trial Competition
The Law Society of Western Australia
2017 Round 1 Case Materials
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Mock Trial Competition
STATEMENT OF MARK TICKNER
Dated 29 November 2016
1.
I am a teacher at Avalon Senior High School. I am 28 years old.
2.
I have been teaching at Avalon Senior High School for 4 years now. Earlier this year Gabriel Chalk
was employed at the school and works with me in the science faculty. Gabriel has been having
problems with one of the students over a period of time, and I have been helping him to deal with
this problem. As a result we have become very friendly.
3.
On the 22nd November at about 11 am I was going past the science class being taught by Gabriel
Chalk. I always look in the window of the Lab to see how he is going and we always wave to each
other. Anyway when I looked in the window this time, I saw Gabriel leaping back and waving his
right hand in the air. At first I thought he was waving at me, so I waved back.
4.
I did not see Gabriel's hand hit anything. I certainly did not see any deliberate blow being struck.
5.
I was in a hurry and late for a meeting so I did not see any more.
6.
I left school early that day because I had some personal administration to do. I didn't know that
Jason Kidd or Gabriel Chalk had suffered injuries or that the police had been called.
Mock Trial Competition
The Law Society of Western Australia
2017 Round 1 Case Materials
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Mock Trial Competition
STATEMENT OF DR DEVMA PATELLA
This statement is for tendering only.
I am a medical practitioner and have a surgery in Salisbury. On 22nd November I examined Jason Kidd. He
was missing a front tooth and had a cut inside the top lip which required 3 stitches. The loss of the tooth
and the cut was consistent with one hard blow to the mouth with an open hand.
I later examined some grazes to the back of Gabriel Chalk’s hand which I understood had been caused
when his hand came into contact with Jason's face. I have been asked to express an opinion as to whether
the blow could have been accidentally caused when Gabriel Chalk reacted to the pain of a burn to the palm
of the hand. I am unable to say whether the blow was accidental. The grazing to the knuckles supports my
opinion that the blow was a severe one and makes it less likely that the blow was accidental. However, I
cannot rule out that it was accidental.
Mock Trial Competition
The Law Society of Western Australia
2017 Round 1 Case Materials
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