LAW311 Criminal Law, Procedure and Evidence – 2 Tutor-Marked Assignment 3, 2026
LAW311 Tutor-Marked Assignment 3
This assignment is worth 7.5% of the final mark for LAW311 Criminal Law, Procedure and Evidence – 2.
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 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. The Traffic Police’s investigations took about six months.
3. During investigations, IO Alfred gathered the following pieces of evidence:
a. Ray’s contemporaneous statement to SSgt Khairul at the scene of the collision on 5 February 2026 at about 12pm, which SSgt Khairul had recorded in his field diary on 6 February 2026 from his recollection. This was not read back to Ray or signed by either Ray or SSgt Khairul. It states:
Q1: Was the traffic light Green or Red when you drove towards the X-junction?
A1: When I was some distance from the X-junction, I saw that the traffic light was Red and some vehicles were at the stop line waiting for the light to change. I also prepared to stop. But then I saw some of the vehicles in the other lanes starting to move off, so I assumed that the light had turned Green. I took my foot off the brake and stepped on the accelerator. That was when the collision happened.
Q2: Did you see the elderly man on the bicycle before the collision?
A2: No, I did not see him at all until after I hit into him. I don’t know where he came out from.
Q3: Did you have a good view of the road as you were driving towards the Xjunction?
A3: Not really. It was raining heavily but my wipers were turned on. As I had to get in and out of my van to deliver parcels from place to place, I took off my spectacles so that I did not have to keep wiping them when they got wet from the rain. My vision is not bad. I can still drive without my spectacles.
Q4: Do you have anything else to say?
A4: I am sorry for injuring the elderly man.
b. Ray’s investigation statement which IO Alfred had recorded at TP HQ interview room 2 on 5 February 2026 from 4pm to 7pm. The pertinent paragraphs state:
… I had many parcels to deliver today. It was more than my usual load as some of the other delivery drivers were sick. The company would penalise me if I failed to deliver the parcels on the assigned day. I knew I had to work faster if I wanted to finish delivering all the parcels by the end of the day.
Suddenly, it started raining heavily. I was worried, as that would mean that I would be slower in my deliveries. I would have to drive more slowly because of the rain. I would also have to use an umbrella when making the deliveries, so that the parcels would not get wet. For the landed houses, I would need to wait for someone to come to the gate and collect the parcels from me, instead of leaving them on top of the pillar which is what I usually do.
sometimes wear spectacles when driving, especially at night. In the day, when it is bright, I usually do not need to wear my spectacles. My vision is not bad. This morning, my spectacles kept getting wet because of the rain, and I kept having to clean them before driving off to the next place. I decided to take off my spectacles so that I did not have to keep cleaning them. When the collision happened, I was not wearing my spectacles, which were on my dashboard. Despite the rain, I could still see the road, the traffic lights and the vehicles around me.
When I was approaching the traffic light X-junction along Tampines Avenue 2, I saw that the traffic light was Red against me. I applied my brake and prepared to stop. There were no vehicles in front of me in my lane. There was a bus in the bus lane on my left. There were cars in the two lanes on my right. As I was approaching the pedestrian crossing at the X-junction, I saw the vehicles around me starting to move off. I assumed that the traffic light had turned Green in my favour. I released the brake and stepped on the accelerator. While I was driving past the pedestrian crossing, my van suddenly collided into something. I did not know what I had hit. I quickly stepped on my brake. The van came to a stop in the middle of the junction. I came down from my van with an umbrella as it was still raining. That was when I saw a bicycle lying on the road. It was badly damaged. I also saw an elderly man lying on the road some distance away from the bicycle and my van. I checked on the man and held the umbrella over him to cover him from the rain. He was bleeding from his head, nose and mouth. I was scared. I did not know what to do. As my mobile phone was in the van, I did not telephone the Police or the SCDF. I believe someone helped to telephone the Police or the SCDF as an ambulance and a Traffic Police car came after some time. …
c. Ray’s cautioned statement which IO Alfred had recorded at TP HQ interview room 2 on 5 February 2026 from 9pm to 10pm. It states:
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.
d. The in-vehicle footage from Ray’s van for 5 February 2026 from 11.15am to 11.45am.
e. The statement of SCDF paramedic Sergeant Ahmad Fahmi, whose ambulance with call-sign AB123 had responded to the scene on 5 February 2026 and who had attended to the elderly man, stabilised him and conveyed him in the ambulance to the Accident & Emergency Department (“A&E Department”) of Changi General Hospital.
f. The statement of Peter Lim (“Peter”), whose car was at the stop line in the rightmost lane, waiting to turn right into Tampines Avenue 5.
g. The in-vehicle footage from Peter’s car for 5 February 2026 from about 11.30am to 11.35am, showing an elderly man riding a bicycle across the pedestrian crossing from his right to his left, and the traffic light turning from Red to Green in his favour about two seconds after the elderly man had cycled past his car.
h. The statement of Helen Mah (“Helen”), whose car was at the stop line to the left of Peter’s car, waiting to travel straight along Tampines Avenue 2.
i. The in-vehicle footage from Helen’s car for 5 February 2026 from about 11.30am to 11.35am, showing an elderly man riding a bicycle across the pedestrian crossing from her right to her left, the traffic light turning Green in her favour just as the elderly man was cycling past her car and a van travelling straight in the lane to her left colliding into the elderly man and his bicycle at quite high impact. The footage showed the elderly man and his bicycle being flung into the air due to the impact of the collision and landing onto the road a few meters away from the pedestrian crossing. It also showed the van coming to a complete stop somewhere in the middle of the X-junction and the driver alighting from the van with an umbrella and checking on the elderly man.
j. Wide-angle and close-up photographs of the scene, showing the traffic light Xjunction, the elderly man, the bicycle, Ray’s van, the pedestrian crossing, Peter and Helen’s cars and their positions relative to one another.
k. The elderly man’s medical report from CGH’s A&E Department describing how he had presented at the A&E Department on 5 February 2026 at about 12.15pm, the nature of his injuries, the medical treatment that was administered to him and the referrals that were made to the other specialist departments in CGH.
l. The elderly man’s medical report from CGH’s Department of Orthopaedic Surgery describing the elderly man’s medical condition upon being seen by them and the medical treatment that was administered to him, including the surgeries that were performed on him and his condition post-surgery.
m. The elderly man’s medical report from CGH’s Department of Neurosurgery describing the elderly man’s medical condition upon being seen by them and the medical treatment that was administered to him, including the surgery that was performed on him and his condition post-surgery.
n. Report from ABC Pte Ltd, stating the configuration and sequencing of the traffic lights at the X-junction of Tampines Avenue 2 and Tampines Avenue 5 on 5 February 2026 between 11.15am and 12pm, and that the traffic lights were functional and operating normally at the material time.
o. Report from XYZ Pte Ltd, stating that they had carried out a full inspection of Ray’s van and had found the van’s transmission system, braking mechanisms and tyres to be in good working condition, and that they did not find any mechanical faults in the van which could have contributed to the collision on 5 February 2026. The report also described the damage to the van, which was concentrated at the front windscreen, bonnet and bumper of the van.
4. On 10 August 2026, at 9am, Ray was charged in State Court 4A under section 64(1)(b) read with section 64(3) and punishable under section 64(7)(a) of the Road Traffic Act 1961 for driving a motor vehicle on a road in a manner which was dangerous to the public and which caused grievous hurt to the elderly man.
5. During the Mention, the Prosecution informed the Court that they were ready for the plea to be taken.
6. As instructed by Ray, you applied to the Court for an adjournment for Ray to consider whether he wished to plead guilty or to claim trial to the charge. The Court granted your application and adjourned the Mention to 31 August 2026 at 9am in State Court 4A.
As Ray’s defence counsel, advise Ray on:
a. What you can do to seek a better enforcement outcome or a less severe charge for Ray and what you can do to better understand the evidence that the Traffic Police has obtained against Ray, the strength and weakness of the Prosecution’s case against Ray, and especially the statement(s) that Ray has given to the Traffic Police which he does not have a copy of.
b. What the considerations are for Ray to plead guilty or claim trial to the current charge and how soon he needs to inform the Court of his decision if he wishes to plead guilty.
c. Assuming Ray does not wish to plead guilty and decides to claim trial, whether the criminal case disclosure procedures apply to the offence that Ray has been charged with and if not, whether it will be beneficial for parties to consent to have the procedures apply.
d. Assuming that you now have a general idea of the investigation findings, what evidence the Prosecution will likely adduce against Ray in the event of a trial and the strategy that the Defence should adopt.
e. Assuming that the Prosecution decides not to call Peter and Helen to testify as Prosecution witnesses at the trial, what the Prosecution’s disclosure obligations are in respect of the statements that the Traffic Police has recorded from them, as well as the in-vehicle footages that the Traffic Police has retrieved from their respective cars.
(100 marks)
—- End of Assignment —-
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