IRAC Method And Requires AGLC4 And The Criminal Liability - Acknowledge the Seriousness Of The Offence - Law Assignment Help

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QUESTION 1  

Frankie and Johnny were sweethearts. In fact, they had been living together for the past twenty years. They had three children – Toby – aged 18, Mary – aged 17 and a little girl born five years ago. They named her Marissa Surprise for she was indeed a surprise and a joy to the family. As the baby of the family, Marissa was thoroughly spoiled! 

All was going well in Frankie’s and Johnny’s household. There was love in plenty to balance the trials and tribulations every family has. They never had enough money. They were always “robbing Peter to pay Paul“– scrimping and saving. But their house was full of laughter and hugs: the good times more than balanced the bad ones. 

A year ago, Johnny lost his job as a bus driver. Life changed for Frankie and Johnnie and their kids very suddenly. He tried to get work but there was nothing permanent for someone of his age with his skill set. 

He took odd jobs, picking up work where he could. Six months ago, he did some painting for a neighbour. He fell off a ladder while working on a ceiling and sustained a serious brain injury. The neighbour didn’t have any insurance and neither did Johnny. 

With the brain injury came serious depression and psychosis. Johnny started believing that the world was against him – even his beloved Frankie and the kids became enemies in his deeply diseased mind. He started self-medicating with alcohol. He became dependent on booze to get through the day. Sometimes, he would take ice or whatever prescription pills he could lay his hands on. If he did this, he was transformed from a depressed drunk to a violent, paranoid person.

About a month ago, one Friday evening, at the Oaks, a famous pub in the leafy Sydney suburb of Linden Lea, Johnny had had too much drink as usual. A mate, Fred, came up to him and handed him some prescription tablets. Fred said, “Mate, I won at the horses today, this is an early Christmas present.” Johnny took the tablets and within a few minutes he was in a state of great calm where he could see everything clearly, he had great strength and he knew that now was the time to get his enemies – particularly Frankie. He was high on alcohol and prescription drugs.

 

  1. What is the criminal liability, if any of Johnny?

  2. What is the criminal liability, if any, of Fred? 

  3. What is the criminal liability, if any, of Bill? 

 

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