LAW311 Tutor-Marked Assignment 2
This assignment is worth 5% of the final mark for LAW311 Criminal Law, Procedure and Evidence – 2.
The cut-off date for this assignment is Sunday, 13 September 2026, 2355 hrs.
Please submit your assignment on time, via CANVAS.
The cover page should show the title of your course, the topic, the date, your name and PI number.
The submitted assignment should be typewritten, double-spaced, with a size 12-font face and a 2.54cm (one-inch) margin all round. All pages should be numbered.
Question 1
In the following question, candidates are required to “advise” someone, or to provide someone with “advice”. This means candidates are required to
- Indicate the various sources of the relevant law
- Demonstrate understanding of legal concepts, values, principles and procedures of law
- Analyse fact patterns to identify relevant issues of law, fact and procedure
- Interpret the relevant rule of substantive law, procedure or evidence relevant to the issues identified
- Apply the relevant laws and principles to come to a conclusion on the issues
- Formulate an opinion and provide a solution based on the conclusions
In doing so, you are required to:
- Discuss critically, competing arguments in the relevant case law and make a reasoned choice between alternatives
- Examine ideas, concepts and arguments in the English language and legal terminology with care and accuracy
- Employ information technology in an office environment for the search for information and in the preparation of your opinion.
You are required to prepare a draft written response to the client advising on the matters raised below. Your written response is limited to 1000 words[1] and you are required to state your total word count at the end of your draft for Question 1.
In addition to assessing the substantive points raised in your answer, your answer will also be assessed on Quality of Communication (including clarity of writing, language proficiency, critical thinking, organisation and flow). You will also be assessed on the cohesion of the advice rendered to the clients.
Excluding the title, all text in the body and footnotes of the assignment are included in the word count.
Read the following hypothetical scenario and complete the task set out thereafter:
1. This is a continuation of the narrative concerning Ray and the collision on 5 February 2026.
2. On 5 February 2026, when IO Alfred entered the room at about 4pm and introduced himself to Ray as his IO, Ray asked him where the van was and what would happen to the van. IO Alfred replied that the van had been towed to TP’s vehicle pound for a full vehicle inspection to be conducted on it. Ray pleaded with IO Alfred to allow him to contact his supervisor to inform his supervisor about the collision and for his supervisor to arrange for someone to collect the parcels from the van. Ray also pleaded with IO Alfred to allow him to telephone his wife to inform her about the collision and that he was in police custody.
3. IO Alfred told Ray that he could not telephone anyone until after he had been interviewed and had “given a proper statement”. Ray asked IO Alfred how long the interview would take. IO Alfred replied, “Well, that really depends on how cooperative you are. The more you talk, the faster we will end. You give me a good statement, I will know what to do on my part. It’s really up to you.”
4. Having heard IO Alfred, Ray decided to get started on the interview so that it could end as quickly as possible and he could make the necessary telephone calls to his supervisor and his wife. He answered IO Alfred’s questions as best as he could, although he really did not know how the collision had occurred. He recalled IO Alfred asking him a few questions and IO Alfred typing many things on his laptop. He could not see what IO Alfred was typing as they were seated opposite each other. IO Alfred did not play the in-vehicle footage for Ray to view what the van’s front-facing camera had recorded. At the end of the interview, IO Alfred printed out the statement, handed it to Ray and told Ray to “Read and then sign it.” Ray browsed through the statement quickly and signed it. Ray asked IO Alfred for a copy of the investigation statement for his own reference but IO Alfred said no.
5. At about 7pm, Ray was given a packet of economy rice and a cup of hot milk tea for his dinner. He then waited alone in the room.
6. At about 9pm, IO Alfred returned to the room with some documents and informed Ray that the elderly man was undergoing surgery for multiple fractures in his legs. IO Alfred informed Ray that he might be charged in court for the offence of “Dangerous driving causing grievous hurt” under section 64 of the Road Traffic Act 1961 because of the severity of the elderly man’s injuries. IO Alfred read the charge to Ray and asked Ray what he wished to say in response to the charge. He asked Ray if he wanted to write his cautioned statement himself. Ray nodded and IO Alfred handed the documents and a pen to Ray. Ray wrote, “I am sorry for causing the old man to be injured. I hope that he will be okay. I really did not see him at the junction. If not, I would have avoided him. I plead for leniency.” As instructed by IO Alfred, Ray signed on the documents. At about 10pm, IO Alfred handed a copy of Ray’s charge and cautioned statement to Ray and told him that he could be bailed out, as described at paragraph 17 of TMA01.
7. Ray’s charge read:
“You,
Ray Tan Choon Kiat
Male/ 26 years old
Date of Birth: 01 January 1998 Singapore citizen
are charged that you, on 5 February, did drive your motor vehicle on a road carelessly and in a manner which was dangerous to the public, and caused grievous hurt, and you have thereby committed an offence under section 64 of the Road Traffic Act 1961.”
8. During your client interview with Ray, he handed to you the copy of the charge and cautioned statement that IO Alfred had given to him. He did not have a copy of his investigation statement.
9. Ray informed you that it was raining heavily at the time of the collision, and he could not see the road very well. He was not sure whether the traffic light had turned Green in his favour when he accelerated his van towards the junction. He did not see the elderly man on the bicycle at all and did not know when or how the elderly man had appeared at the pedestrian crossing. He did not realise what his van had hit until after he alighted from the van and saw the bicycle and the elderly man on the road.
10. Ray informed you that he might have made certain admissions in his investigation statement to IO Alfred which he might not be certain about. He was anxious for the interview to be over as soon as possible and agreed with many things that IO Alfred had said to him. Ray is worried that the Police would charge him in court and would use his statements against him. At this stage, Ray is not prepared to admit any wrongdoing until he has a better idea of how the collision had occurred and the evidence against him.
As Ray’s defence counsel, advise Ray on:
a) Whether and when Ray can obtain a copy of his investigation statement so that he has a better idea of what he had admitted to the Traffic Police.
b) Whether and when Ray can view or obtain a copy of the in-vehicle footage and when the van can be returned to him.
c) Whether Ray’s investigation statement had been properly recorded by IO Alfred, how the Prosecution may use Ray’s statements against him if the case goes to court and whether there are any grounds for Ray to challenge his statements so that they cannot be used against him.
(d) Whether Ray’s charge had been drafted correctly. If not, draft Ray’s charge according to how IO Alfred should have drafted it.
(100 marks)
—- End of Tutor-Marked Assignment 2 —-
