CRIM2020: Criminal Law and Justice - Clover Greene Case Study - Law Assignment Help

Assignment Task:

Question 1 (25 marks) 

Clover Greene is a brilliant criminal defence barrister with an extensive list of colourful clients. She has a reputation for winning tough cases on behalf of bikies and organised criminals. Several years ago, she represented a corrupt politician, Cal McGregor, who was accused of a string of offences including blackmail and fraud. Cal was convicted and sent to prison for a minimum of five years, even though he’d paid Clover a very large sum of money to ensure he’d be acquitted. During the many lonely hours in his prison cell, Cal had become convinced that Clover had deliberately lost the case as payback for Cal not repaying a gambling debt to a mutual acquaintance. 

Cal has just been released on parole and has a score to settle with Clover. Prior to entering politics, Cal was an officer in the Australian Army Ordnance Corps and had responsibility for storage of explosives. With an eye to the future, he had hidden a number of chemicals and other items used to produce explosives in a locked shed in his mother’s backyard. Cal collects the items and makes an explosive device capable of being detonated by a mobile phone. He sets the timer for a 3-minute delay once activated. 

It’s Monday evening and Cal assumes Clover will be at home watching Killing Eve. He drives to Clover’s house in Paddington and sees the lounge room lights on. He creeps up to the front door and carefully places the bomb on the doorstep. He notes to himself that he’s used just enough explosives to kill a person in the immediate vicinity of the bomb but that the neighbours’ houses would not be damaged. Cal returns to his car that is parked down the road, activates the bomb via the mobile phone, and waits. After two minutes pass Cal suddenly feels an incredible sense of remorse and has a change of heart. He attempts to deactivate the bomb on the phone, but it doesn’t work. The timer continues to countdown. He frantically gets out of his car and runs towards the house screaming, “Clover, run for your life, there’s a bomb at your front door!” At that point there is a huge explosion and Clover’s house bursts into flames. 

Clover isn’t home so is not affected by the bomb (she has been out drinking with friends following the lifting of COVID-19 social distancing restrictions). Nevertheless, her good fortune is short-lived. Melissa (“Missy”) Partridge is driving her Mercedes to Clover’s house with a loaded shotgun. Missy intends to kill Clover in revenge for having an affair with her husband. However, as Missy approaches Clover’s street, a drunk pedestrian unexpectedly stumbles out onto the road in front of Missy’s car. Missy slams on the breaks but the pedestrian is struck by the car and killed instantly. Missy jumps out and runs over to the pedestrian. She cradles the lifeless body in her arms, but then she realises it is Clover. Missy can’t believe her luck. She smiles and thinks to herself, “Well, that was easier than I thought it would be”. She gets back in her car and drives off. 

Police Constable (PC) Barnyard arrives at Clover’s house within minutes of the explosion and finds Cal sitting on the footpath looking disoriented. He notices the strong smell of nitro-glycerine in the air, a substance used in explosives such as dynamite. 

“What are you doing here, mate?” PC Barnyard asks Cal in an interrogative tone. 

“I was just walking my dog and was knocked over by the blast”, replies Cal. 

“Oh, is that right?” says PC Barnyard sceptically, as he looks around and sees there is no dog nearby. 

“Give me some identification”, demands PC Barnyard. Cal pulls out his wallet and hands over his licence. 

“You have to wait here until I make further inquiries on the radio to establish your identity. Now don’t you move”, orders PC Barnyard. 

PC Barnyard goes to the police car and checks Cal’s identification. He sees that Cal has just been released from prison on parole after serving five years for blackmail and fraud. He thinks to himself that it’s too great a coincidence that this criminal just happens to be in the vicinity of the explosion. He returns to Cal and says, “Cal, you’re under arrest for bombing this house; you’re coming with me to the police station”. Cal starts ranting at PC Barnyard: 

“Are you fucking serious? Oh, fuck this shit. This is fucking nonsense. It's nonsense! I'm a 55- year-old man. I can’t go back to prison. Oh go on then, get on with it. I couldn't give a fuck. Fuck you, copper.” 

Cal is taken to the police station but refuses to say anything further. PC Barnyard is informed by a colleague that the police have conclusive evidence that Clover was not in the house when the bomb exploded. Cal is charged with the attempted murder of Clover and is denied bail by police. 

The hit-and-run incident that killed Clover was caught on CCTV. The footage clearly shows an intoxicated pedestrian falling onto the road and a car immediately breaking in a failed attempt to avoid colliding with the pedestrian. The number plate of the car is visible from the footage; the car is registered to Missy. Police go to Missy’s house and search her Mercedes. They find a loaded shotgun in the boot of the car and a note with Clover’s address scribbled in Missy’s handwriting. Missy is taken to the police station for questioning. 

During the police interview Missy confesses that she was en route to Clover’s house to kill her but that she’d accidentally hit a pedestrian on the way. She insists she had no knowledge of the identity of the pedestrian until after the accident. Missy is charged with the murder of Clover. 

Further information regarding the charges 

In NSW, to secure a conviction of murder the prosecution must prove the following elements beyond reasonable doubt: 

• the act of the accused caused the death of the deceased (actus reus); and 

• the accused intended to kill the deceased (mens rea). 

ANSWER EACH OF THE FOLLOWING: 

(a) Citing relevant authority, explain what issues arise from the facts in relation to the coincidence of men's rea and actus reus. What is the likelihood of a conviction against Missy for murder? (5 marks) 

(b) Citing relevant authority, explain what issues arise from the facts in relation to “impossible” attempts. What is the likelihood of a conviction against Cal for attempted murder? (5 marks) 

(c) Citing relevant authority, explain what the prosecution must prove to secure a conviction of offensive language against Cal. Discuss whether Cal can raise a defence on these facts. Provide a brief assessment of the likelihood of a conviction. (5 marks) 

(d) Citing relevant authority, discuss whether PC Barnyard exercised the power of arrest lawfully and properly in relation to Cal. Taking into account the admissibility of evidence, what implications, if any, might this have upon the prospects of a successful prosecution against Cal? (10 marks) 

Question 2 (25 marks) 

“There exists a realm of summary penality, a realm largely outside the strictures of due process adjudication and beneath the threshold of public visibility, aimed more at social marginality than serious crime. Sometimes this form of pre-trial punishment is fatal in its consequences.” 

Critically analyse this statement with reference to CRIM2020 course materials and themes (e.g. police discretion; process as punishment; deaths in custody; two-tiers of justice; public order offences). You should synthesis these themes in your critical essay – do not merely discuss them.

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