Legal Memoradum


This assignment builds upon the material covered in our lectures and in the
required readings, but cannot be adequately answered simply from those
materials. Additional research is essential.
A criteria marking sheet for this assessment is attached to this instruction guide.
The allocation of marks in the criteria marking sheet reflects the centrality of
legal research for this assignment.
Task:
You are required to provide your answer in the form of an internal research
memorandum to a partner in a fictitious law firm. This requires you to utilise the
IRAC methodology. There is a style guide and example template for you to use
attached to this information sheet.
Your memorandum must contain references to primary sources such as
• Legislation, including relevant provisions;
• Case law, including pinpoint page numbers for all references showing where
in the judgment you are referring to;
You must also refer to the following secondary sources (and correctly cite, as
per the Australian Guide to Legal Citation):
• Halsbury’s Laws of Australia (Lexis) and/or The Laws of Australia (Westlaw);
• Peer-reviewed journal article;
• Book or textbook (Remember you can access sections of key books on Module
2 in the Course Readings solution).
Please see the assessment rubric at the end of the document because sources
are important.
Guidance
For each issue, begin by citing the general principle before focussing on the
specifics of this case. Cite any relevant legislation (if applicable) and then any
case law. Secondary sources, like journal articles, legal encyclopaedias and
books should be relied upon to improve your understanding of the law and
ensure you don’t miss any important provisions or case law. Where you discover
a statutory provision or case through a secondary source, use the prefix ‘see
also’ when citing the secondary source in your footnote. However, you are
expected to find cases that are specific to this fact scenario, so you will need to
use keywords and Boolean operators.
Please remember, you are being assessed on the quality of your research.
Therefore, any materials that are highly relevant or analogous to the facts of this
case will be viewed by the marker more favourably than references that are only
relevant in the broadest sense.
University of Southern Queensland | Assignment 2 7
Scenario Facts
Moana was driving home from work and had entered a clear roundabout when
someone sped onto the roundabout from her left without looking and drove into
the side of her.
The driver of the car who had crashed into her jumped out of it gesticulating. The
driver tried to open Moana’s door to indicate their displeasure at the accident. It
appears from the police reports that Moana was the right of way driver on the
roundabout. Moana, who just wanted to go home, opened her door to suggest
to the other drive that the gesticulating was unhelpful and they should exchange
insurance details. Moana stood up from the car, still shocked, but with a pen and
paper to exchange details when the other driver pushed her backwards. She
then summoned her strength, frightened for her safety, and pushed the other
driver away from her. The other driver tripped over backwards and hit the
ground, knocking their head on the edge of the roundabout curbing as they fell
to the ground.
The car driver who arrived first on the scene called the police and an ambulance
in case either driver was hurt in the collision. By the time the police arrived the
other driver’s head had started to bleed and they complained of pain. One of the
police officers used a first aid kit to stem the bleeding. Sadly, by the time the
ambulance arrived the other driver had died.
Moana was arrested under the one-punch legislation.
• Please prepare a research memorandum answering the questions below.
• Please structure the memorandum in the template attached to these
instructions.
• The maximum word count is 1500 words.
Tasks:
Please could you research the following for me so we can advise Moana at the next
meeting.

  1. Identify the statute and section for the one-punch.
  2. Identify and apply any relevant cases which might support an acquittal for
    our client. Identify and apply a case which might hinder our client’s case
    and why.
  3. Use relevant secondary sources to support your application of the cases
    mentioned in answer to 2.
  4. In light of the Covid-19 pandemic and the need for a timely trial so Moana
    can return to work, investigate the following:
    a) The relevant legislation which enables a no-jury trial
    b) What discretion does a judge have to do this?
    c) What does ‘interests of justice’ mean?
    d) Identify and apply at least two relevant cases which could support
    our application for a no-jury trial.
    Bond & Bright Legal
    Style Guide
    General Style for Internal Office Memos
    • Apply standard margin widths of 2.54 cm on all sides
    • Use consecutive page numbering in the header or footer
    • Employ plain English techniques
    • For the first page’s header or footer, identify:
    o Name, student number, and word count
    o Course code and assignment name
    • For main text:
    o use 12-point Times New Roman, or 11-point Verdana
    o 1.5-line or double-line spacing
    • For footnotes:
    o use 10-point font
    o use same font as main text
    • AGLC4: compliance with AGLC is required



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