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TRANSCRIPT
2018 Cluedunnit Kids Competition
2018 The Law Society of Western Australia 2
You have been chosen to
represent your school in the
2018 LAW WEEK CLUEDUNNIT
KIDS COMPETITION!
Your job is to read all the information you
receive, ask questions and decide which
of the 3 suspects is responsible for
assaulting Mr Clarrie Nett at the
Beethoven Sound Auditorium.
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On the afternoon of Sunday, 29 October 2017 Mr Clarrie Nett, the Conductor of the Clarion Orchestra
of Note was at rehearsal at the Beethoven Sound Auditorium. During the rehearsal break Clarrie Nett
was struck from behind by an object which caused him to fall heavily and break his wrist.
Prior to the incident, Clarrie had spoken to 3 musicians during the break about their poor
performance. The 3 musicians were Mr Phil Withair who plays the trumpet, Mr Iva Bell who plays the
French horn and Ms Viola String who plays the violin. He told the musicians that they would be
replaced if they continued to play so badly.
Mr Tim Panni, a percussionist in the orchestra, was still in the Auditorium during the break. He said
he heard a thud and then a crash.
Sergeant Dee Crescendo attended the crime scene and spoke with Clarrie Nett and Tim Panni. Tim
Panni pointed out the 3 musicians who had been seen near the kitchen at the back of the room.
Sergeant Crescendo spoke to each of the suspects and took photographs of the contents of their
instrument cases.
Who assaulted Clarrie Nett? Was it Phil Withair, Iva Bell or Viola String?
The Case
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You will soon receive a “brief of evidence” which contains witness statements and
photographs. This information has been gathered by the investigating police officer.
The brief of evidence contains critical
information and it would be wise not to jump
to any conclusions before you consider
everything. Even if you think you know who
the correct suspect is you need to be able to
prove beyond reasonable doubt that the
suspect committed the crime.
Each school can ask up to 6 questions of the
Francis Burt Law Education Programme
staff. We strongly recommend you use up all
of your 6 questions to gather as much
evidence as possible so that you can clearly
identify the offender and eliminate the other
suspects. The more questions you ask, the
more answers you will receive and the more
evidence you will have to prove the case.
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Evidence can take many forms including:
• witness accounts
• scientific evidence
(e.g. DNA, fingerprint)
• physical evidence
(e.g. notes)
• expert evidence (e.g. statement by a qualified professional
such as a scientist)
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Rules
You CAN:
• give your team a name;
• talk to your class and teachers about the case;
• use the internet for research;
• ask questions about the evidence. Remember you are ONLY
able to ask 6 questions per school;
• use PowerPoint, role plays, re-enactments, video or other
creative elements in your submission.
ONLY members of the investigation team can have a speaking
role in the submission (your classmates can be in the background
of any video you make but they cannot talk).
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Team Leaders
TEAM LEADERS WILL HAVE SOME EXTRA RESPONSIBILITIES
• Please make sure your team’s questions are emailed to the Education
Officers at [email protected]. Remember to show your
questions to your teacher first. You can also telephone us with
questions on (08) 9324 8686. You can only ask 6 questions per school
so if your school is running an in-school competition you will have to
share the questions.
• Please make sure you have allowed enough time for your team’s
submission to reach us no later than 4pm on Wednesday, 16 May 2018.
Alternatively, you can upload your submission to Dropbox and send
us the link. Our judges have very tight timelines to meet and late
submissions cannot be accepted.
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Questions
A good investigator always asks lots of questions
- it is the best way to get additional information.
You are allowed to ask 6 questions per school.
These questions will help you obtain extra
information e.g. statements, photos or a report.
You don’t have to ask 6 questions, but remember
you may not get all of the available information if
you don’t ask questions.
Your questions must fall within very
strict guidelines.
• Questions MAY be used to clarify
evidence.
• You CANNOT ask if a certain person
is guilty.
• You CANNOT ask who committed
the offence.
• You CANNOT ask the Education
Officers for their opinion.
• You DO NOT have to ask all of your 6
questions at the same time. We
suggest waiting for an answer to
your question before asking further
questions.
• You CANNOT ask for a copy of
everything the police have. You will
receive police evidence in the brief.
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Questions When asking questions, you must nominate the person who you feel can
provide the information, rather than just asking for the detail you want.
Be specific in what you are asking.
EXAMPLE
“Who owns locker 12?” (Not a good question)
“Can you ask Constable Linus Uppe
who owns locker 12, please?” (Great question)
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Examples of Questions
Samples of poor questions are in orange – these are either too vague or don’t nominate the
person who is to provide the information. The correct style of questioning is in green – these are
clear, specific and indicate who is to provide the information.
1. If there are any witnesses, what did they see or hear?
Can you ask Sergeant Justin Thyme for a witness statement from the waste recycling
truck driver who was traveling on Surf Street, please?
2. Can we get any information on why Robyn Holden was absent from school?
Can you ask the school principal if any reason was given for Robyn Holden’s
absence from school on 14 March, please?
3. Whose footprints were outside the driver’s side door?
Can you ask Sergeant Justin Thyme for the foot size of the suspects, please?
Please note if you do not ask a clear question directed to a specific person, the Education
Officers will be unable to answer the question.
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Programme Contacts
The Francis Burt Law Education Programme contacts are:
• Dean Curtis (Manager, Education and Community Services)
• Michelle Davies (Education Officer)
Questions can be forwarded to us via:
Email: [email protected]
Phone: (08) 9324 8686
Fax: (08) 9221 4220
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Presenting Your Case
Your team will need to make
sure you can answer the
following questions:
• Who was the person
responsible for the crime?
• Do you have evidence to
prove your case?
• Is your submission
interesting and creative?
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Judges
The judges will decide a winner based on:
• Correct identification of the suspect
• Supporting evidence
• Creativity
The panel members will include:
• A representative from the Children’s Court of WA
• Chief Magistrate of WA
• A WA Police Officer
• A Legal Aid WA lawyer
• A representative from Curtin University Law School
Prizes
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• The winning team will be awarded a trophy and a
book pack for their school (or equivalent). Each
winning member of the team will receive a medal.
• The runner up team will receive a plaque and a
book pack for their school (or equivalent). Each
winning member of the team will receive a medal.
• A plaque will also be awarded to the ambassador
school. The ambassador school is selected based
on the manner the teams conduct themselves
during the competition.
• Every participant will receive a certificate of
participation.
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Competition Winners from previous years
2017 First Prize: St Brigid’s School, Collie
Runners Up: Trinity College
Ambassador School: Donnybrook District High School
Click on the 2017 First Prize and Runners Up hyperlinks above to view both winning
entries.
Now you have all the
information you need on
how the project works,
you should be ready to
read statements, ask
questions and solve
your case. Remember,
if you ask questions you
will get more clues.
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Education
Classes from any school are most welcome to attend the Francis Burt Law
Education Programme to view a Magistrates Court in session and
participate in a mock trial or trial re-enactment. You will need to contact us
to arrange a suitable time.
• Phone: (08) 9324 8686 or Email: [email protected]
The Francis Burt Law Education Programme has a Lawyer Visits to Schools
Network available where you can arrange to have a lawyer come and talk to
your school.
Schools outside the Perth metropolitan area can also contact their nearest
Magistrates Court for information regarding court tours and school visits.
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Magistrates Court
Most cases in WA begin in the Magistrates Court, which has both criminal
and civil jurisdictions. Magistrates Court matters include:
• Criminal – summary matters (e.g. traffic offences, shoplifting, disorderly
conduct);
• Civil – claims for debt or damages and non-offence based matters (e.g.
dividing fences, extraordinary driver’s licence applications, restraining
orders); and
• Committals to the District and Supreme Courts for serious indictable
matters.
The judicial officer in the Magistrates Court is a Magistrate who is referred
to as “Your Honour”. Magistrates do not wear robes or wigs.
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Legal Terms BRIEF OF EVIDENCE: The documents, including statements and photographs, that the police prosecutor will rely on in a case
against a person charged with a criminal offence.
CHARGE: When the police formally accuse a person of committing a criminal offence.
EVIDENCE: Verbal or written statements of witnesses, documents and other items used to support a party's case in court.
HEARING: The time when the parties present their evidence to the court and make submissions on the law that applies to the
case. After the hearing the court makes a decision in the case.
HEARSAY: Something that was not personally seen or heard by the person giving evidence but told to them by another person.
JUDICIAL SUPPORT OFFICER: A person who sits in court directly in front of the Magistrate and makes sure the Magistrate has
all of the paperwork that they need for each day in court. The Judicial Support Officer also prepares forms for the court such as
arrest warrants and bail papers.
JURISDICTION: The authority of a court to decide matters brought before it. The authority may be limited by the place where the
dispute arose or an offence was committed, the kind of dispute, the amount of money in dispute or the seriousness of an offence.
MAGISTRATES COURT: A lower court in WA, which has the jurisdiction to hear less serious criminal and civil matters.
MAGISTRATE: A judicial officer appointed to hear and determine civil and criminal matters in the Magistrates Court.
ORDERLY: In the Magistrates Court the orderly is a security officer who announces the opening and closing of court and calls
out each case that is going to be heard.
POLICE PROSECUTOR: A specially trained police officer appearing in court representing the police in relation to criminal cases.
SENTENCE: An order made to impose a penalty to a person after they have been found guilty of an offence or entered a plea of
guilty to an offence.
WITNESS: A person who saw, heard or experienced something and can give a first hand account.
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Resources
• Legal Aid WA
• Francis Burt Law Education Programme
• Magistrates Court
• The Law Society of Western Australia
• Western Australia Police