Roger Rogerson and Glen McNamara vs Jamie Gao.
Office fill no:
Docket no:
Re: Memorandum of the case between Roger Rogerson and Glen McNamara vs Jamie Gao.
Assessment of the assignment.
You have asked me to prepare a memorandum involving the case between detective Roger Rogerson and Glen McNamara vs Jamie Gao whom they killed claiming that he was a drug dealer which was wright, Jamie was a drug dealer. He was not supposed to be killed by detective Roger and Glen (Henry & Powell, 2016.p.397-418).
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Detective Roger Rogerson and Glen McNamara killed Jamie Gao on Jun 14 2016, Jamie who was a Sydney student and was only 20 years old due to these Jamie’s family went ahead and sued Rogerson and Glen McNamara.
Court and location.
The Jamie’s Gao case was petitioned in SUPREME COURT OF NSW, the court is located in the Sydney CBD, The supreme court which is situated In 184 Philip street of Sydney and the location accommodates all departments in the court’s registries, and the location is referred to the law court building and queens square. The Supreme court is located on the level 5 of the building, and the subpoena drop off is located in level including courier delivery area, and the file inspection area all are located in the level as well as document viewing room all are located in the courtroom from level 4 to level 7 to 13. The building of Supreme court you can enter through Philip street, or Macquarie street (Alimardani & Chin, 2019.p.255-270).
The Plaintiff’s case
Statement of Jamie’s Gao family.
My full name is Jamie Gao, am 20 years old, a student at the university of technology of Sydney. The petition was that Jamie was killed by the two detectives Glen McNamara and Roger Rogerson according to The daily telegraph, Gao was involved in a drug crime according to Luke Moore who is the head of Robbery, and serious crime detective reported it in the daily telegraph. The allegation was correct according to my view and am presenting Jamie’s Gao family in this case due to there son was killed by Glen and Roger who did wrong even though Jamie was a drug dealer they were not supposed to kill him because at the time they were killing Jamie he was not harmed at the moment how can someone be killed yet he has no weapon. After that the two people Glen and Roger are claiming that it was accidental (Steele, 2014.p.467-497).
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Statement of Roger Rogerson.
Rogerson was born on Jan 3, 1941, and he grew up in the Sydney suburb of Bankstown with his father and grandparents, and in 1958 he joined the NSW police Cardet service, and he was later blessed with two daughters. He is former police that is a retired detective sergeant of the New South Wales Police force, and after retiring, he was convicted murderer (Cunneen, 2014.p. 386-407).
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On May 27, 2014, there was a petition that Rogerson murder a Sydney student Jamie Gao due to the claim that Jamie Gao was a drug dealer and on Jan 21, 2015, Rogerson and Glen McNamara were committed to stand on the trial over the murder of Jamie Gao.
On 6th March 2015, Rogerson was arraigned at Supreme court at the hearing, and both pledge not guilty to the murder of Jamie and also pledged that they are not liable to supply 2.78 kilograms of “ice”. On the second day, the trial was suspended due to the prejudice caused of the potential killing of two or three people when he was in the police force which was claimed by McNamara’s then-barrister Charles Waterstreet these made the to push the trial up to Feb 1, 2016, that was the first trial where he was found guilty (Jain, 2016.p.111).
On Aug 25 2016, Rogerson and McNamara faced a sentencing hearing. The NSW crown prosecutor, Christopher Maxwell ask for the judge to jail Rogerson and McNamara for life, stating there was no distinction between a contract killing and killing for the purpose of financial gain… On Sept 2 2016, Justice Geoffrey Bellew sentenced Rogerson and McNamara to life in prison, with the statement “The joint criminal enterprise to which each offender was a party was extensive in its planning, brutal in its execution and callous in its aftermath”. Lawyers for both Rogerson and McNamara indicated they would appeal against the sentence.[30] However, neither Rogerson nor McNamara formally lodged appeals, and in July 2019 Rogerson’s last application for an extension of time to do so was refused by the NSW Supreme Court of Sydney (Molloy & Stiles, 2019. p.20).
The fact is that when Glen McNamara and Rogerson killed James Gao the hide him in the car park of Glen’s which is several floors below. James Gao who was murdered in Padstow in Sydney. Gao’s cousin Justin who knew something went wrong and took some of his friends and went to the Padstow and walk around the place for more than 1 hour as he was calling his cousin James Gao and there was no response. It was just clear that James was going to a meeting when he just met his death waiting for him. As a matter of facts, the two former detectives that are McNamara and Roberson start blaming each other as the denied the prosecution and both claiming that they did not shoot James (Malcolmson, 2017. p.58).
McNamara defends himself by saying that Rogerson is the one who shot and killed James and went ahead and say that Rogerson threatened McNamara and his family so that they can help him to dispose the body which Rogerson denied that Jamie was killed as he was struggling with Glen McNamara and he claims that James was dead already as he was entering.
The justice Bellew held that he could not prove beyond a reasonable doubt that who between Glen and Rogerson, who shat James Gao and the judge Bellew concluded that one of them shot James Gao. These make justice to hold them and grant them a sentence for life which Jamie’s family was happy to hear because there was justice in the case even their son did not come back, but they had justice (Morris, 2014.p. 355-394).
The fact that James was a drug dealer it does not mean that he was to be killed we have our laws in Australia criminal law. It does not give authority for detectives and police offices to kill someone because he is a drug dealer and yet James was not harmed, and we can not argue that it was a self defence because James did not have any weapon at the moment it was just a meeting between James and the drug dealers heads. The action of McNamara and Rogerson aimed to kill James, the fact that Jamie Gao opened the door on Arab road everything was done by both McNamara and Rogerson, and they make sure the body of Jamie Gao was adequately disposed, and no evidence to be traced at all cost and the disposal of the body in the way they did was to bring no proof when the criminal commission was investigating the body, according to my point of argument it shows that Rogerson and McNamara were working for some drug- dealers who were not mentioned in the case but according to the strategy they killed Jamie Gao due to market completion and them were sent by another drug-dealer who wanted JAMIE Gao out of the market, Jamie and MCNamara were to meet of which Jamie was very happy for the meeting knowing that there were more fabulous deals and the meeting was scheduled only for two people but McNamara came with the third party which made their meeting go sour and the meeting did not happened and according to my report why did these people killed Jamie Gao it means that there was something more critical to McNamara and Rogerson more than just a meeting (Gooding & Mahony,2016.p.122-145).
SUMMARIZATION
In my summary am on plaintiff-sidee due to Jamie Gao was killed in cold blood, and it was not fair to kill a human being with no-fault , according to the evidence McNamara and Rogerson were paid to kill Jamie Gao because of market competition drug- dealing is not affair game it involves killing of innocent people due to market competition, for my advice to detectives is that you should avoid cooperating with drug-dealers to eliminate others as shown in the case between McNamara and Rogerson who were paid to eliminate competitors like Jamie Gao and to all detectives they are supposed to safeguard the life of a human as according to criminal law. To the young generation, you are supposed to stay away from drugs and avoid being drug-dealers.
Reference
Alimardani, A. and Chin, J., 2019. Neurolaw in Australia: The use of neuroscience in Australian criminal proceedings. Neuroethics, 12(3), pp.255-270.
Cunneen, C., 2014. Colonial processes, indigenous peoples, and criminal justice systems. In The Oxford handbook of ethnicity, crime, and immigration (pp. 386-407). New York: Oxford University Press.
Gooding, P. and O’Mahony, C., 2016. Laws on unfitness to stand trial and the UN Convention on the Rights of Persons with Disabilities: comparing reform in England, Wales, Northern Ireland and Australia. International Journal of Law, Crime and Justice, 44, pp.122-145.
Henry, N. and Powell, A., 2016. Sexual violence in the digital age: The scope and limits of criminal law. Social & Legal Studies, 25(4), pp.397-418.
Jain, N., 2016. Judicial lawmaking and general principles of law in international criminal law. Harv. Int’l LJ, 57, p.111.
Malcolmson, D., 2017. Criminal defences in Australia [Book Review]. Ethos: Official Publication of the Law Society of the Australian Capital Territory, (243), p.58.
Molloy, K. and Stiles, D., 2019. Criminal law: Prasad direction abolished by the high court of Australia. Bulletin (Law Society of South Australia), 41(8), p.20.
Morris, N., 2014. Obscuring the Historical Origins of International Criminal Law in Australia: The Australian War Crimes Investigations and Prosecutions of Japanese, 1942–1951. In Historical Origins of International Criminal Law: Volume 2 (pp. 355-394). Torkel Opsahl Academic EPublisher.
Steele, L., 2014. Disability, abnormality and criminal law: sterilisation as lawful and ‘good’violence. Griffith Law Review, 23(3), pp.467-497.
Tubex, H.,