Highlights
Task:
INSTRUCTIONS
Set out below is a hypothetical problem that raises a number of issues for applying the rules of criminal liability.
You are only required to deal with the law covered in the topics from Classes 2A (Crime, Punishment and Prosecution) to 5B inclusive, as well as any self-learning modules. Do not consider any other law from the syllabus, regardless of its relevance. Do not consider constructive murder or any complete defences. Reference to any offence or defence not covered within topics 2A-5B will be disregarded in the assessment of your assignment.1
The word limit for this assignment is 2,500 words (inclusive of discursive commentary in footnotes and headings). Simple citations within footnotes (i.e. bibliographic references) are not included in the word count. You should avoid placing explanations, commentary, or quotes from primary sources in footnotes; if you do include substantive text of this nature in footnotes, it is to be included in the word count. The Faculty’s standard 10% leeway policy applies to this assignment. Students will have 1 mark deducted from their assignment mark for every 250 words over the maximum word limit of 2,750 words.
THE FACTS
Jacinda works in the Sydney CBD as an interior designer at Luxe Interiors. Jacinda has recently been promoted to the position of Senior Manager. Following the CEO’s announcement of her promotion on 20 November 2020, Jacinda’s work colleague, Riley, sent a ‘Reply All’ email to her work colleagues. Riley wrote in the email that Jacinda’s promotion was a result of favouritism rather than aptitude.
Over the previous three months, Jacinda has been receiving a number of threatening messages and emails from an anonymous number. Jacinda believes that the messages are being sent by Riley. Another co-worker, Louise, told Jacinda last week that Riley has started spreading an unfounded rumour that Jacinda is having an affair with the CEO of Luxe Interiors.
Assess Jacinda’s criminal liability for the charges of murder and involuntary manslaughter in relation to Riley’s death. In addition, assess whether Jacinda will successfully raise any partial defence(s) in relation to the charge of murder. Do not consider the liability of any medical staff.
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