LAW EXTENSION COMMITTEE

CRIMINAL LAW PRACTICE AND PROCEDURE

PRACTICE PROBLEM QUESTIONS-PROPERTY OFFENCES, ASSAULT, SEXUAL ASSAULT, INDECENT ASSAULT

PROBLEM 1

Belinda is a former Law Extension Committee student. As a result of her outstanding marks, she obtained a job as a graduate Solicitor in the litigation department of the prestigious firm Lionel Hutz and Associates. She has been working at Lionel Hutz and Associates for the last six months. Belinda suffers from sleep apnoea, a condition she has never revealed to her employer for fear it may affect her career prospects. Her supervising partner is Graham. Graham suffers from depression, as his wife of 20 years recently left him for another woman.

Graham is attracted to Belinda. At office drinks one Friday night, Graham overhears Belinda’s colleague and flatmate, Jane, tell another person:

“I can’t believe Belinda. She told me that she would sleep with anyone to become a Partner at this firm. Even that old fart, Graham”.

At the next Friday night drinks, Graham seeks out Belinda, and spends most of the night talking to her. They consume a number of drinks, but are not intoxicated. One by one, the other staff members leave, until Graham and Belinda are alone. Graham places his hand on Belinda’s upper thigh, and says:

“There are many ways to get to the top in this business. I’ve been a partner here for 5 years, and I am the highest billing partner in the firm. Sometimes in the law, it’s not what you know, it’s who you know”.

Belinda replies:

“I know what you mean. I’ll do whatever it takes to become a Partner, even if it means working 20 hours a day, seven days a week”.

At this point, Belinda has an attack of sleep apnoea, and passes out. Graham thinks that she has passed out due to the alcoholic drinks she has consumed. He has sexual intercourse with Belinda while she is unconscious. When Belinda awakes she realises that she and Graham have had sex. Graham tells her:

“I don’t understand why I did that, but I thought everything was O.K. I haven’t been the same since my wife left. What happened is between you and me”.

Belinda leaves the office immediately, and returns to her flat. She tells Jane what happened. Jane is enraged at Graham’s behaviour, and decides to gain revenge for her friend. Over the next week, Jane makes three telephone calls to Graham from a public telephone, disguising her voice on each occasion. Each time, she states:

“I know where you work, you pervert. I know how you treat women. Every time you get on the train at Town Hall station you better look over your shoulder, because you are a dead man”.

Discuss the criminal liability, if any, of Graham and Jane.

PROBLEM 2

Winona is a Senior Sales Assistant, working at the Sydney store of “Sally’s Luxury Emporium”. “Sally’s Luxury Emporium” is owned by Sally Smith, and also has stores in Parramatta and Newcastle. Winona has been working for Sally for the last 3 years, and reports directly to Sally. During that time, Sally has refused to pay Winona for the overtime she worked, nor any annual leave. Sally has repeated told Winona “It is a privilege to work here. If you don’t like it, I will get someone else”. Winona has thought about reporting Sally to the Department of Industrial Relations, but has not for fear of losing her job. Winona is unsure as to how much Sally owes her, but believes it must be at least $7,000.00.

Two weeks ago, Sally called Winona a “lazy cow” in front of a customer. Enraged, Winona devises a plan to “teach that evil old woman a lesson”.

Winona travels to the Newcastle store, disguised in a wig. The sales assistants at the Newcastle store have never met Winona. Winona enters the store. She tells the sales assistant that she wishes to look at expensive rings, as her husband has recently won a substantial amount of money backing Makybe Diva in the Melbourne Cup. The sales assistant shows Winona a tray of rings, and says “How about you try this one on. It is our most expensive”. Winona tries on the ring. Immediately after putting the ring on her finger, Winona pretends to have an epileptic fit. As the sales assistant is helping her, Winona jumps to her feet, grabs the tray of rings from the counter, and runs outside the store.

After running approximately 200meters down a number of back alleys, Winona hears the sirens of police cars. In a panic, she puts the tray of rings into a garbage bin. Winona then goes to the railway station, and catches the next train to Sydney.

Two days later, Travis, a homeless man, is rummaging through garbage bins in the back alley looking for food. He finds the tray of rings. Written on the inside of the tray is “Sally’s Luxury Emporium”. Travis decides to keep the rings, and take them to the local pawnbroker.

Discuss the criminal liability, if any, of Winona and Travis.