{"id":430231,"date":"2018-06-14T21:47:37","date_gmt":"2018-06-14T21:47:37","guid":{"rendered":"https:\/\/essaypaper.org\/?p=25173"},"modified":"2018-10-24T09:18:18","modified_gmt":"2018-10-24T09:18:18","slug":"criminal-law-7","status":"publish","type":"post","link":"https:\/\/www.benedictsol.com\/blogs\/criminal-law-7\/","title":{"rendered":"Criminal Law"},"content":{"rendered":"

Questions 1 \u2013 4 fact scenario<\/u><\/strong><\/p>\n

Bashar was selected for the Australian cricket team five years ago. He played as a bowler in the team for four years. A year ago he had surgery on his shoulder, and took six months to recover fully. After the surgery, he was prescribed pain killers to assist with the post surgery pain, but his recovery was good and he did not take any\u00a0 pain killers during the six month recovery period. Two months ago he was selected for the Australian cricket team again. He is sponsored by a major sports clothing manufacturer who have agreed to pay him $20,000 for each test match he plays, with a bonus of $80,000 for each test match the team wins.<\/p>\n

In a recent three test series, Australia lost the first two test matches. Bashar told his flatmate Francis how disappointed he was not to have won the test because he really wanted the additional $80,000 to help his mother pay off her mortgage. Francis said to him: \u201cYou could always fix the ball up. That team you are playing always does that. That would even things up.\u201d Bashar said \u201cI want to win, but I don\u2019t want to play dirty.\u201d<\/p>\n

Three weeks ago, on the morning of the last day of the third test match being played in Sydney, Bashar woke up early with severe pain in his shoulder. He took twice the prescribed amount of pain killers which put him into a trance like state. He lined his pocket with sandpaper which he used to roughen the ball up during the game. This is strictly against the rules of the game. Bashar\u2019s actions on the ball gave the Australian cricket team an advantage, and they won the test match. At the end of the test match, Bashar put his cricket clothes into his sports bag and went home to bed because he was feeling strange. The next morning the major sports clothing manufacturer paid $100,000 into his bank account.<\/p>\n

Three days later Bashar arrived at training. He told his coach Christos that he had no recollection of the last day of the test match, and that he felt really strange after the game, and wondered whether it was the pain killers. Later that day, during a public training session which was watched by eleven and twelve year old primary school children, Bashar was not bowling well. Christos yelled at him: \u201cGet your fucking shit together Bashar and bowl like you did in the last test.\u201d One of the primary school teachers supervising the primary school children was horrified and reported Christos to the police. When interviewed by the police, Christos said he forgot the school children were there when he swore at Bashar.<\/p>\n

Two weeks after the test match Bashar finally got around to taking his sports bag to his local dry cleaner, Dyson. As Dyson unpacked the clothes and checked the pockets, he pulled the sandpaper out of the pocket. Dyson said to Bashar \u201cWhat\u2019s this? Were you tampering with the ball on the last day of the test match? I wondered how you won from so far behind. Let\u2019s grab some lunch and have a chat about it.\u201d When they were talking at lunch Bashar told Dyson that he had no recollection of the last day of the test match. Dyson said to him \u201cYou will be in serious trouble if anyone finds out you have been blacking out and tampering with the ball. You\u2019ll lose your endorsements and won\u2019t be able to help your mother pay off her mortgage. If you come back to my place and strip off and show me that beautiful body of yours, I won\u2019t tell anyone about what you have done.\u201d<\/p>\n

Bashar went back to Dyson\u2019s place and took his clothes off. Dyson took his clothes off too and said \u201cHow about a bit of sex? That way you can be extra sure I won\u2019t tell anyone.\u201d Bashar said \u201cI can\u2019t remember what happened, but I don\u2019t want any of this getting out. I\u2019ll have sex with you so you will keep your mouth shut about all this.\u201d<\/p>\n

When Bashar got back to his flat, he told his flatmate Francis about finding the sandpaper in the pocket of the cricket pants he was wearing on the last day of the test match, and that he agreed to have sex with Dyson to stop Dyson telling anyone what he had done. Francis was very protective of Bashar and was angry about what Dyson had done. The next morning Francis drove to Dyson\u2019s drying cleaning shop to confront Dyson, but the shop was closed. Francis flicked a cigarette butt into the skip bin stored next to the shop before he left. The cigarette butt caused an explosion and a fire when it ignited dry cleaning fluid. The fire spread to the flat above the dry cleaning shop where Sylvester lived. Sylvester tried to leave the building via the fire door, but Ling, the landlord of the building had inadvertently locked the firedoors during his last inspection of the building. Sylvester was found dead next to the fire door.<\/p>\n

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Question 1 (20 marks) (answer this question in a SEPARATE Examination Answer Booklet)<\/u><\/strong><\/p>\n

Is Bashar guilty of any offences studied in Criminal Law this semester? What defences, if any, could he try to rely on?<\/p>\n

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Question 2 (10 marks) (answer this question in a SEPARATE Examination Answer Booklet)<\/u><\/strong><\/p>\n

Is Christos guilty of any offences studied in Criminal Law this semester?<\/p>\n

\u00a0<\/u><\/strong><\/p>\n

Question 3 (10 marks) (answer this question in a SEPARATE Examination Answer Booklet)<\/u><\/strong><\/p>\n

Is Dyson guilty of any offences studied in Criminal Law this semester?<\/p>\n

\u00a0<\/u><\/strong><\/p>\n

Question 4 (10 marks) (answer this question in a SEPARATE Examination Answer Booklet)<\/u><\/strong><\/p>\n

Is Francis guilty of any offences studied in Criminal Law this semester?<\/p>\n

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Question 5 (15 marks) (answer this question in a SEPARATE Examination Answer Booklet)<\/u><\/strong><\/p>\n

The Apprehended Domestic Violence Order process achieves very little for victims of domestic violence. A more effective way to assist victims of domestic violence would be to enact a similar provision with the same penalties as s60 of the Crimes Act 1900 <\/em>(NSW), in which the words \u2018a police officer while in the execution of the officer\u2019s duty\u2019 in s60 are replaced with the words \u2018another person within whom the person has or has had a domestic relationship\u2019. \u00a0Discuss with reference ONLY to the materials studied in this unit and your court visit. In your answer you must make reference to observations made during your court visit.<\/p>\n

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Appendix: Statutory Provisions and Cases List<\/strong><\/p>\n

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Crimes Act 1900<\/em><\/strong> (NSW)<\/strong><\/p>\n

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Part 1 Preliminary and interpretation<\/strong><\/p>\n

4 Definitions<\/p>\n

Dangerous weapon<\/em><\/strong><\/p>\n

Grievous bodily harm<\/em><\/strong><\/p>\n

Intoxicating substance<\/em><\/strong><\/p>\n

Intoxication<\/em><\/strong><\/p>\n

Offensive weapon or instrument<\/em><\/strong><\/p>\n

Property<\/em><\/strong><\/p>\n

4A Recklessness<\/p>\n

4B Dishonesty<\/p>\n

7 \u201cPossession\u201d when criminal<\/p>\n

 <\/p>\n

Part 3 Offences against the person<\/strong><\/p>\n

Division 1 Homicide<\/strong><\/p>\n

17A Date of death<\/p>\n

18 Murder and manslaughter defined<\/p>\n

19A Punishment for murder<\/p>\n

19B Mandatory life sentences for murder of police officers<\/p>\n

20 Child murder\u2014when child deemed born alive<\/p>\n

23A Substantial impairment by abnormality of mind<\/p>\n

24 Manslaughter\u2014punishment<\/p>\n

25A Assault causing death<\/p>\n

25B Assault causing death when intoxicated\u2014mandatory minimum sentence<\/p>\n

\u00a0<\/strong><\/p>\n

Division 6 Acts causing danger to life or bodily harm<\/strong><\/p>\n

33 Wounding or grievous bodily harm with intent<\/p>\n

35 Reckless grievous bodily harm or wounding<\/p>\n

 <\/p>\n

Division 8 Assaults<\/strong><\/p>\n

59 Assault occasioning actual bodily harm<\/p>\n

\u00a0<\/strong><\/p>\n

Division 8A Assaults and other actions against police and other law<\/strong><\/p>\n

enforcement officers<\/strong><\/p>\n

60 Assault and other actions against police officers<\/p>\n

\u00a0<\/strong><\/p>\n

Division 9 Common assaults<\/strong><\/p>\n

61 Common assault prosecuted by indictment<\/p>\n

 <\/p>\n

Division 10 Offences in the nature of rape, offences relating to other acts of<\/strong><\/p>\n

sexual assault etc<\/strong><\/p>\n

61H Definition of \u201csexual intercourse\u201d and other terms<\/p>\n