SCENARIO 1 Mick is an alcoholic. Recently, his employment at Casey’s Liquor Barn was terminated. Mick then repeatedly failed in his efforts to obtain alternative employment. Feeling depressed, he decided to get some alcohol to drown his sorrows. As he had no ready cash, Mick removed his semi-automatic pistol from its hiding place in his flat and walked to Casey’s Liquor Barn. Mick walked into the store and greeted Jenny, an employee who was stacking shelves. Mick selected six bottles of vodka, six bottles of bourbon whisky and four cartons of beer. He placed them in a trolley and wheeled the trolley over to the cashier’s desk. He then removed the pistol from inside his coat, pointed it at the cashier and said, ‘This grog is mine, and while you’re at it, hand over the cash from the till’. At this time Len, the store manager, who had just returned to work after suffering a heart attack three months ago and undergoing a bypass operation, came up behind Mick, grabbed his shoulders and shouted, ‘Drop the gun, Mick, the cops are on their way!’ Len startled Mick, and as Mick turned around his finger pressed the trigger of the pistol, discharging a bullet that ricocheted off the metal shelving and struck Jenny in the head. The bullet penetrated Jenny’s brain and she died almost immediately.
Mick turned the pistol towards Len and instructed him to get into the trolley, so that Mick could make his escape from the store. Len climbed into the trolley. Sitting on top of the cartons of beer, he said to Mick, ‘You’ll never control the weight in this trolley going down the exit ramp. Be reasonable and give yourself up!’ Mick jabbed the pistol into Len’s back and replied, ‘No way. I can steer this trolley. I used to wheel forty trolleys at a time up there!’ Mick then wheeled the trolley towards the ramp. Unbeknown to Mick, the cleaner had just completed washing the ramp with water and detergent. As Mick started to wheel the trolley down the incline, he lost his footing and slipped on the floor. He fell to the ground, breaking both legs, and let go of the trolley, in which Len was still seated atop the cartons of beer.
The trolley careered down the ramp, went outside into the carpark and was struck by a Casey’s Liquor Barn delivery truck. Len was knocked out of the trolley and struck his head on the ground, causing extensive fracturing of the skull and brain injury. He was taken, unconscious, to the hospital, where he suffered another heart attack and died four hours later. Advise whether any charges of homicide might be established against Mick so as to warrant his prosecution. Do not discuss other possible offences except as they relate to possible murder charges. Do not discuss defences.
SCENARIO 2 Reuben and Molly have been married for nine years; however, their relationship has become strained in recent months. Reuben and Molly tried to save their marriage by heading to a nearby rural retreat for the weekend. The retreat consisted of a number of log cabins in a secluded bushland setting. Shortly after they arrived at the retreat, Molly answered Reuben’s mobile phone. Molly was shocked to hear a woman’s voice saying, ‘Hi sweety! I didn’t think you’d be able to take my calls this weekend’, and quickly ended the call. Molly immediately confronted Reuben, told him that their marriage was over and exited the cabin. As Molly went to walk down the rather steep steps at the front of the cabin, Reuben reached out and touched Molly’s arm to get her attention. Molly jumped away from Reuben, slipped on the wet tiles and fell down the stairs. Reuben took Molly inside the cabin and laid her on the bed. Reuben saw that Molly was still breathing, but suspected she had suffered a serious head injury. Reuben panicked because he thought no one would believe him that Molly’s fall was an accident, and consumed some of the contents of the minibar to settle his nerves.
After consuming approximately 300 millilitres of various spirits, Reuben decided to drive alone to a nearby hospital to get help. Reuben turned off the lights in the cabin and locked the door, leaving Molly on the bed in the cabin, before driving his car towards the exit from the retreat. The retreat was located in bushland about 1 kilometre from the nearest major road. The poorly maintained road between the retreat and the major road was only wide enough to accommodate one vehicle. It was approximately 10 pm when Reuben was driving; it was raining and the path was unlit. Reuben had not turned on the headlights on his vehicle. Reuben rounded a corner and was dazzled by the headlights of an oncoming vehicle; almost before Reuben knew it, those headlights were gone. Reuben assumed that the vehicle had passed him and continued on his way. Reuben arrived at the hospital, and broke down when trying to explain his story to emergency staff. The hospital staff realised that Reuben was intoxicated, and initially ignored his ramblings. Police (on other business) arrived at the hospital some hours later, spoke with Reuben and ascertained that there had been an incident at the retreat. At some point, a sample of Reuben’s blood was taken; the sample contained 0.12 grams of alcohol per 100 millilitres of blood. Police arrived at the retreat and found Molly unconscious inside the cabin. She was rushed to hospital and placed on life support. Molly died two days later after her next of kin decided to remove life support. Post-mortem examination revealed that Molly died as a result of a serious brain injury; an expert report indicated Molly may have survived if she had received treatment earlier. At about 10.00 am the following day, scene of crime officers entering the retreat noticed tyre marks leading away from the poorly maintained road leading into the retreat.
The scene of crime officers found Linus deceased in his vehicle, which had struck a tree. Investigators later examined Reuben’s vehicle, which showed no signs of any direct collision with Linus’ vehicle. Advise whether Reuben is likely to face any charges relating to the deaths of Molly and Linus. Do not discuss other possible offences except as they relate to those charges. Do not discuss defences.
SCENARIO 3
Assume the following facts. Rhett Starling and Kasey Lancet recently separated following a relationship lasting approximately two years. Kasey told Rhett that she was ‘involved’ with another man. Rhett was upset by the breakdown in the relationship and became quite angry about Kasey’s infidelity. This led to a confrontation in a café, where Rhett lost his temper and assaulted Kasey’s male companion. Kasey then successfully obtained a restraining order against Rhett prohibiting him from approaching, harassing, assaulting and molesting her, and from going within 500 metres of her place of residence and place of work. Late last Friday evening, Rhett drove to Kasey’s townhouse. He knocked on the door. Kasey opened the door and, upon seeing Rhett, tried to close it again. Rhett, however, placed his foot inside the door and forced it open, saying, ‘This is stupid. Can’t we just talk about it?’ Kasey replied, ‘There is nothing to talk about. I want you to leave!’ Rhett then said, ‘You don’t want me to leave, K, you know I still love you, and you love me’. Kasey let go of the door, walked to the lounge, sat down and started crying. Rhett walked over, sat beside her and put his arm around her shoulder. He then began kissing and caressing her all over. When he moved his right hand to Kasey’s groin, she yelled, ‘Stop!’ and jumped up from the lounge. Kasey then slipped on a floor mat and fell heavily, striking her forehead on the corner of a solid wooden coffee table. In a detailed statement made on Saturday morning to Detective Sergeant Wayland, Kasey stated that the next thing she remembered was waking up on the floor next to the coffee table. She noticed that her skirt was on the lounge and that she was naked from the waist down. She felt dried blood on her forehead and when she moved she felt pain inthe area of her vagina. Kasey also stated that after an extensive search of her townhouse she was unable to find the panties she had been wearing that evening. Kasey was then accompanied by a police officer to the local hospital to consult a doctor where swabs were taken from Kasey’s vagina and anus. Later forensic tests confirmed the presence of semen on these swabs. Rhett Starling was arrested on Saturday afternoon and a pair of female panties was found during a search of his apartment. These were later identified by Kasey as the panties she had been wearing when Rhett came to her townhouse on Friday evening. While detained, Rhett refused to answer any questions asked by the investigating police officers
about his visit to Kasey’s townhouse on Friday evening. Also during his detention, a sample of Rhett’s DNA was taken by way of buccal swab (wiping inside the mouth with an absorbent pad) in accordance with the relevant legislative procedures for taking samples from suspects. Later expert comparison by DNA profiling revealed matches between Rhett’s DNA from the buccal swab with the semen found on the swabs taken from Kasey. You are Detective Sergeant Wayland, in charge of this case. Analyse the sexual offence/s with which Rhett Starling could be charged on the basis of all the information received from Kasey Lancet and the other evidence obtained during the investigation. Support your analysis with reference to relevant statutory provisions and case law.
SCENARIO 4
Amanda is 19 years old and an aspiring model. She responded to an advertisement in the local paper advertising ‘glamour photography’. She made an appointment to see the photographer, Len, at his studio. At first, the photographic shoot seemed to go well. Len then began ‘helping her’ with poses. At one point, he placed his hand underneath her skirt and squeezed her right buttock. “You’ve got a great arse,” he said. Amanda pushed his hand away and told him to stop. Len then said, “You could go far but you’ll have to give a bit more.” Amanda replied, “Forget it. I’m not that type of girl. Anyway, I have a boyfriend, Ben.” Later that week, Amanda was at a party to launch a new fashion magazine. Len was also at the party and came up to say hello. Amanda was very drunk and did not recognise him. While they were talking, Len slipped a couple of sleeping tablets into Amanda’s drink. She was soon unable to stand up and said to Len, “Ben, take me home.” Len took her home where they ultimately had sexual intercourse. Len left his card on which he wrote, “Give me a call about that modelling contract”. The next morning Amanda realised what had happened and called the police.
What criminal offences, if any, has Len committed against Amanda?