Year 11 Legal Studies Oral On The Case Of Mr. Wayne Kelvin V. The People.

1293 words - 5 pages

If your honor pleases my name is WHITE initial A and I appear before the court for Mr. Wayne Kelvin Lavender. Mr. Lavender is the respondent in this case after the queen, wishing to upgrade my client's sentence from criminal negligence resulting in manslaughter to murder, lodged an appeal.I seek leave to approach the bench with my submission.The Facts of the case are clear, the case involved manslaughter and alleged criminal negligence by my client in the driving of a front-end-loader, which ran over and kill a 13 year-old boy.My client was driving a loader weighing 25 tons while working at a sand mine near Newcastle. The loader was a lot higher and longer than a car and only traveled at 4 km/h.A bucket at the front end of the vehicle obscured the driver's vision in some area. The function of the machine was to move processed and unprocessed sand around within the area of the mine.The mine site was unfenced and was in an area of sand dunes that were covered by thick vegetation.On October 2 2001, the victim and three friends aged 11, 14, and 15 went to the mine site to play in the sand.These four children had been previously warned not to return back to the mine site after an earlier occasion in which some property was vandalized, about 2 weeks prior to this incident, and knew that they should not be on the property.My client decided to chase them away. In doing so he drove the vehicle towards the children in an attempt to scare them away.The four children ran into an area covered by thick vegetation.My client pursued them.My client followed them by driving the loader through the scrub. It was difficult for him to see where he was going as his vision was obscured by two things, the bucket at the front end of the vehicle and the thick vegetation.He ran over the victim causing injuries that later resulted in death of the child.My client is a 34-year-old Australian male. He goes to work at redhead sand mine 6 days a week from 6:00 am and 5:00pm and every Sunday will often go down to the local church help the priest with whatever needs to be done before and after mass.My client has two young boys aged 2 and 4 years old and happily married to his wife Christine. Both my client's mother and father are deceased but he has an older sister living in Italy and a brother in Queensland.My client, in his childhood, attended Newcastle Catholic Grammar School in New South Wales. Half way through year 11 he left school to pursue careers as a carpenter and a builder in Queensland but did not succeed and moved back home 4 years later to care for his mother who at the time was suffering from lung cancer.A friend who was working at the mine at the time offered him a job at the red head sand mine where he has been working ever since.My client had no intention to commit this crime; his intentions were merely to chase the children away from the property that they shouldn't have even been at.When he was chasing them through the vegetation, the bucket at the front end of...

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