Read the scenario below and outline the potential criminal liability of Rachel, Peter, Stuart and Louise.
Peter and Rachel are a married couple. Rachel has been having an affair with the couple’s neighbour, Stuart, unbeknownst to Peter. Stuart is a single father who lives with his 16 years old daughter, Louise.
Feeling guilty about the affair, Rachel visits Stuart and tells him that it is over. Stuart is heartbroken and says, “That’s rich! Well, I’m going to tell Peter!” Rachel, very worried, says “if you tell Peter I’m going to kill you!” and slams the door in Stuart’s face.
Stuart becomes increasingly distraught about the break up and calls Rachel on her mobile. “Here’s the deal!” he says to Rachel, “I won’t tell Peter if you pay me $2000”. Rachel, reluctantly, agrees and transfers the money right away.
What Rachel didn’t know was that Stuart had already sent graphic footage of Stuart and Rachel having sex to Peter via an email. That evening, Peter opens his laptop and finds the email. Enraged, Peter grabs a knife from the kitchen and starts running towards Stuart’s house.
Stuart’s daughter, Louise, is outside her house checking the mail and sees Peter bolting towards her.
Fearing the worst, Louise quickly runs around to the side of the house to her Dad’s shed and grabs her father’s rifle. Louise makes it back to the front of the house, right when Peter is at the front doorstep and Stuart has just opened the door. Louise yells “Hey!”, Peter turns to face her and Louise pulls the trigger.
Peter is killed instantly. A bullet ricochets and hits Stuart in the arm seriously wounding him.
1. Be able to understand and analyse the constituent elements of a range of substantive criminal offences;
2. Understand some of the theoretical criticisms of the way the criminal law is structured and administered;
3. Be able to analyse recent reforms in the area of criminal law;
4. Be able to detail some of the important processes of the criminal law (as opposed to its content) with a focus on the balance between the rights of the individual and the state; and
5. Demonstrate legal research techniques.
– The Crime Act 1958 (VIC) Victoria, Australia
-Waller and William(optional)
– using IRAC ( I issue, R rule, A application, C conclusion) as the overall problem-solving methodology.
– Reference style is The Australian Guide to Legal Citation, 4th edition (AGLC4) is a footnoting style.