R v Amandip Singh

Background

AmandipSingh wasontrialintheSupremeCourt,chargedwiththemurderofJoshua Frazer. He was found guilty and sentenced to 26 years of imprisonment.

The death took place outside a caf on 31 December 2022 at 11:15 pm.AtthattimeSinghandhisfriend, SanchezAlexi,were traveling in a vehicle.They stopped at a red light at the intersection where the caf is located.Atthattimetherewereanumberofpeoplestandingonthefootpathoutsidethe caf, including Frazer. According to witnesses at the scene, Singh was seated in the front passenger seat, while Alexi was driving. Singh abruptly got out of the car and proceeded to confrontFrazer.SinghshovedFrazerinthechest,whothenrespondedbypunchingSingh, who fell to the ground. Alexi then got out of the car and ran to Frazer, pushing him away from Singh. Singh then stood up, took out a metal object, and then stabbed Frazer in the neck. Frazer collapsed, and both Singh and Alexi then absconded from the scene.

As Frazerwasfoundunconscious andbleedingheavily, he wastaken to a nearby hospitalimmediately, but hewaspronounced dead on arrival. A subsequent report by a forensic pathologist later stated that the cause of death was a stab wound that penetrated the gap in the left collar bone to a depth of 15cm, severingmajorarteries.Soonaftertheincident,policemadeamediaannouncement,releasing still images taken from CCTV footage of Singh and Alexi, asking them to assist police with enquiries.

On2January2022at6.40PM,Sanchezvoluntarilyattended the localPoliceStationand spokewithSergeant SarahWalsh.SgtWalshaskedAlexiwhatshecouldhelphimwith.Alexi told Sgt Walsh he wanted to hand himself in and help police. Alexi was soon after interviewed by Detective Sergeant Hamilton Roberts and Detective Faud Ahmed from the MurderSquad. He participated in an electronically recorded interview wherethe events abovewereoutlined, he was then arrested and remanded in custody.

On 3 January 2022 at 8.30AM, police attended an address where they arrested Amandip.Asearchofthepremisesfoundnothingunusual.AmandipwastakentoPolice Station and interviewed by Detectives Fitzgerald and Moorbank in the presence of his lawyer,Dennis.Aftergivinghisname,dateofbirthandaddress,Amandipsaidtopolice 'On the advice of my lawyer, I decline to answer any questions.'He remained silent during theremainderoftheinterview. Hewas thenformally arrestedand charged with themurderof Frazer and remanded in custody pending his trial.

The Trial

In the latter part of 2022, Sanchez Alexi agreed with the DPP to give evidence against Amandip Singh. The agreement was that Alexi would have his assistance to the police taken into account at his own sentencing hearing when the time came. Sanchez has indicated to the DPP his intention to plead guilty at that time to a manslaughter charge. The DPP has given an undertaking to provide evidence of his assistance to the police as a mitigating factor on sentence, subject to Alexi giving evidence at Singh's trial.

Amandip was convicted. He has instructed you to appeal. In your appeal submission, consider the following points.

As part of the final summing up, comments and directions to the jury, the trial judge made the following statement to the jury:

'In the course of this trial, the Crown has alleged that the accused stabbed the deceased. The Crownhasnotbeenabletoshowpreciselywhatwasused,asithasneverbeenrecovered.Itis somethingthatispeculiarly withintheknowledgeoftheaccused.Thefacttheaccusedhasnotgiven anyevidenceis,ofcourse,amatterforhim.Youmight,ladiesandgentlemenofthejury,think it odd that Mr Singh did not give evidence. But I say to you that it is not necessary for any specificobjecttobeproventoexist.Itisenoughthatyouaresatisfiedthatsomethingwasused to kill the deceased. And, if you are satisfied beyond reasonable doubt that the death of the deceasedwascausedbytheaccused,andthathecauseditintentionally,thenyoumayfindhim guilty as charged.'

5. Is there anything you would include in your submission in relation to this statement? 10 marks

please make sure the answer is in line with case law and relevnat legislation according to victorian australian jurisdition . please make sure the answer is one thing we submit the following....