Christina Kaukare – s11135731

LW304 Tutorial 2: Letter of Advice

Question 1:
1. Full name and address of the sender is not provided.
2. The Date by which the letter is sent is not written.
3. The inside (recipient) address is written in an incorrect layout.
It should be: Stephanie King
Ogo Place, Valelevu,
Nasinu,
Fiji.
4. Salutation is not provided.
5. The points listed in the brief facts of the letter are not listed in order; it
should be in the order of (ii), (i), (iii), and (iv). It should also be written as part
of the facts and should not be written in points but be part of the background
facts.
6. The letter does not clearly provide the reader/client with a purpose. The
purpose must be written to particulate to the reader/client what the purpose
of the letter is so that the reader/client reads the letter through the lens of
that understanding.
7. Does not clearly provide the Issues identified from the facts provided from
the client
8. The relevant laws that address the issues.
9. Fails to provide the client an analysis of the law.
10. Fails to apply the facts to the principles of the law identified.
11. Fails to discuss the difficulties and problems that arose with the case.
12. Fails to mention what information’s will be required as next steps for the
case, the sender does not relate whether or not he is satisfied with the
information provided to him/her. Nor has there been any providence of any
pertaining issues that the sender thinks may be of relevance to the case that
he/she would like to bring to the reader/client’s attention.
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13. Paragraph 5 now falls under this step. The legal options available to the
client.
14. Paragraph 5- The way that the legal options is drafted lacks important legal
ingredients. The sender has identified the legal options. She has explained
the legal options to the client and their consequences. However, she/he fails
to provide the client with the proposal step by step on what needs to be
done as according to what the law requires using relevant examples, and
supporting them with case laws that depicts to the reader/client his/her
expertise in the legal profession regarding the issue at hand.
15. The sender fails to write the charge or cost of the advice letter.
16. Lastly, consistency is not in the layout. The writer firstly when using roman
numerals should continue to use them throughout the contents of the letter.
Christina Kaukare – s11135731

Question 2:

Christina Kaukare
Principle Lawyer
DEF Lawyers
54 Constitutional Avenue
T: (678) 27135
Email: [email protected]
Our Ref: AM107/2023
Vila, Vanuatu

19th August 19, 2024

Mr. Amos Kamboo (X)

Dear Mr. Amos,

RE: Legal Advice on ‘Common Assault’ Charge.

I hope this letter finds you well. I am writing to provide you with legal advice regarding the
criminal charge of common assault that has been brought against you following the incident
on 12 August 2022 involving Ms. Rose.

Facts of the Case:

1. As per the information you provided, on 12 August 2022, at around 6 PM on

3. This incident was witnessed by Police Officer Corporal John Matthews, who
subsequently arrested you.
4. You have been charged with common assault under the laws of Vanuatu.

Legal Framework:

In Vanuatu, common assault is governed by section 107 of the Penal Code [Cap 135] of
Vanuatu. According to Section 107 of the Penal Code, common assault is defined as the
unlawful application of force to another person. The key elements that the prosecution
must prove beyond a reasonable doubt are:

 Unlawful Application of Force: Any physical contact that is not consented to by the
victim and is not legally justified.
 Intent: The intention to apply force or recklessness as to whether force would be
applied. ‘Intentional’ in section 6 (3) of penal Code has been interpreted to include
‘reckless’ in the subjective form. As stated In Kal v Public Prosecutor [2018] VUCA 56.
It may be possible for the prosecutor to charge you for one (1) count of intentional
assault contrary to section 107(a) of the Penal Code [Cap 135] of Vanuatu.

Therefore, the prosecutor will have to prove to the court beyond reasonable doubt whether
or not the force that you used against Ms. Rose is unlawful. If it is unlawful, then whether of
not it is your intention to apply the force or whether or not you were reckless in the act?

Possible Defenses: Provided you have a legal representative; these are possible defenses
that may be available to your aid.

 Lack of Intent: If you did not intend to apply force or were not reckless about
applying force, this could be a defense. However, given the facts, this may be
challenging to prove.
 Consent: If Ms. Rose had consented to the physical contact, this could be a defense.
However, based on the facts, it appears she did not consent.
 Self-Defense: If you were acting in self-defense, this could be a valid defense.
However, the facts do not suggest that you were defending yourself.
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 Mistake of Fact: If you genuinely believed that Ms. Rose consented to the contact,
this could be a defense. However, this belief must be reasonable.

Legal Options:

 Plead Not Guilty: You can plead not guilty and contest the charge in court. This
would involve a trial where the prosecution must prove the elements of the offense
beyond a reasonable doubt. You would have the opportunity to present evidence
and cross-examine witnesses.
 Plead Guilty: You can plead guilty to the charge. This may result in a more lenient
sentence, as it demonstrates remorse and a willingness to take responsibility for
your actions.
 Negotiation: Your legal counsel can negotiate with the prosecution for a lesser
charge or a more lenient sentence in exchange for a guilty plea.

Potential Penalties:

Our facts are silent to the nature of the damage caused to Ms. Rose. If we were to assume
that Ms. Rose has sustained injuries according to the different natures of intentional assault
then the penalties you may expect from the Court are as follows;

Section 7 of the Penal Code (Amendment) Act No. 15 of 2016;

 Paragraph 107 (a) if no actual damage/harm caused, imprisonment for 1 years.

Section 8 Penal Code (Amendment) Act No. 15 of 2016;

 Paragraph 107 (b) if temporary damage/harm is caused, imprisonment for 5 years.

Section 9 Penal Code (Amendment) Act No.15 of 2016;

 Paragraph 107 (c) if Permanent damage/harm is caused, imprisonment for 10 years

Section 10 Penal Code (Amendment) Act No.15 of 2016;

 Paragraph 107 (d) damaged caused results in death, imprisonment for 14 years

Fine: A monetary fine can be determined by the court.

Community Service: The court may order community service as an alternative to

Legal cost:

For criminal matters our firm usually charges 2,000 Vt per hour. For the purpose of this
letter of advice concerning your criminal case we charge accordingly per the rate of 2,000vt
per hour. Therefore, we enclosed that you deposit 10,000vt into our trust account via the
end of this month.

Recommendations:

Consultation with Legal Counsel: It is crucial to consult with a legal professional who can
provide personalized advice and represent you in court.

Gather Evidence: Collect any evidence that may support your defense, such as witness
statements or any communication with Ms. Rose that may provide context to the incident.

Consider Plea Options: Weigh the pros and cons of pleading guilty versus not guilty,
considering the strength of the evidence against you and the potential penalties.

If you need further clarification, we are available to discuss the content of this

letter further with you.

If you have any questions pertaining to the above, please do not hesitate to

contact the undersigned.

Yours Faithfully,

Christina Kaukare
Christina Kaukare – s11135731

Principle Lawyer

DEF Lawyers