Law - Commonwealth Government - Wendy and Travis - Case Study Assessment Answer

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Law Assessment Answer

Assignment Task: Consider the following hypothetical scenario: The Commonwealth Government recently introduced the Prohibited Groups (Anti-Terrorism) Bill in response to public calls for specific legislation to deal with the threat of terrorism. The Minister introducing the bill said in the second reading speech: “The government understands the insidious threat of terrorism in Australian society and this bill creates strong legal sanctions against groups that advocate violence, or seek to pursue their goals through violence. This bill is being introduced to provide very serious penalties to extremists planning attacks against Australian citizens and in doing so will prevent civilian casualties on Australian soil. The government is doing everything it can to keep the people of Australia safe and to stop extremist violence in its tracks. This bill is about protecting the people of Australia from injury, death or harm.” The Bill was passed without amendments. It received Royal Assent from the Governor General on 31 January 2019 and was gazetted the next day. FACTS: On 1st February 2019, sitting at their home in Alice Springs, Wendy and Travis watched a gruesome documentary about the meat industry and after that they both decided to become vegan. They tell you that ever since that time they have felt very strongly that it is morally wrong for people to eat meat and animal products. On 7th February 2019, Wendy and Travis made a pact with each other to do everything in their power to stop the killing of animals for food, and decided to take action against the local abattoir. They formed a kind of secret club; calling themselves ‘the guerrillas’ and agreeing that their mission was to undertake civil disobedience action and public disturbances aimed at preventing cruelty to animals. They decided on their first action; to expose the practices at the abattoir via live streaming. Travis sent a message to all of his friends on Facebook telling them they needed to start planning a break-in. The only person who replied was his friend Linda. The three organised to meet the next day on the 8th February. At that discussion they made their plan. The plan was for Linda and Travis to keep a watch outside the abattoir while Wendy broke into the facility. She would use some bolt cutters and cut a hole into the wire fence at night. She would then use an oxy acetylene welder to burn the lock off the front door of the shed and then set up a camera inside. When the cameras were working she would set them up to stream what was happening inside the factory to Facebook and Linda would let the media know that the streaming was happening. The planned day of action was the 28th of March. Linda worked at the local hardware store so on 15th March she bought the bolt cutters and a welder and gave them to Wendy. On the same day she let her friend, at the ABC know that the streaming was going to happen. On 28th of March everything went as planned. The streaming showed extreme instances of cruelty in the abattoir and resulted in a media outrage and criminal charges against the owner. Wendy, Linda and Travis were also charged. Wendy and Travis were both charged under s5 for the events on 7th February, and Wendy was charged under s3 and s5 for the events on 28th March. Linda was also charged under s5 for telling her ABC friend about the plan and s4 for supplying the oxy acetylene and bolt cutters. Using the law of statutory interpretation only, use IRAC to advise your clients whether, in your opinion, they have committed any of the offences for which they have been charged, and what arguments (if any) could be made in their defence.
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