You are employed as a law clerk by the Mt. Gravatt Law Centre in Queensland. You have recently been transferred to the Criminal Law Department. This department has a large legal aid criminal case load. Your supervising solicitor asks that before you commence working on these legal aid files that you familiarise yourself with the Legal Aid Queensland Case Management Guidelines located @: https://www.legalaid.qld.gov.au/about/policies-and-procedures/case-management-standards/pages/case-management-standards-criminal-law.aspx
The solicitor asks you to review the file of an existing client, Peter Jones. Mr. Jones has been charged with an offence of assault occasioning bodily harm after becoming involved in a fight outside a nightclub with Victor Black. The next hearing date is a committal hearing in the Magistrates Court at George St, Brisbane CBD. Peter Jones has instructed that Victor Black started the fight by verbally abusing Peter and then hitting him, and that Peter retaliated in self defence to protect himself. Peter instructs that he punched Victor in the head, and this punch broke Victor’s jaw.
Mr. Jones has received a grant of aid in this matter from Legal Aid Queensland.
You note that the following documents are on the file of Peter Jones:
• Charge Sheet detailing the charge against Peter Jones;
• Bail sheet detailing the terms that bail has been granted to Peter Jones;
• Transcript of interview between Peter Jones and Detective Stan Smith of Qld Police conducted 20th March 2013;
• Statement of Peter Jones sworn 20th March 2013;
• Statement of Victor Black sworn 19th March 2013;
• Records from Royal Brisbane Hospital dated 18th March 2013 regarding attendance of Victor Black;
• Statement of Charles Highpower, owner of Highpower Nites Nightclub, sworn 19th March 2013;
• Photographs of Victor Black taken 18th March 2013;
• Statement of witness Felicity Goodwill dated 19th March 2013;
• Letter from Mt Gravatt Law Centre to Qld Police requesting documents dated 24th March 2013;
Using the information above you are required to commence the preparation of a draft instruction sheet and index to the brief to counsel to appear on the client’s behalf in a matter.
To assist in completing this assessment you are required to refer to the:
• Legal Aid Queensland Case Management Guidelines Legal Aid Queensland Case Management