LWZ114: Criminal Law - Law Assignment Help

Assignment Task

Part A
Tommy is walking through the Jape Homemaker village in Darwin with a few of his friends. They stop briefly next to a carpark so that Tommy can answer his phone. While Tommy is trying to answer his phone, he notices a man (Alvin) in an unpowered wheelchair about 5 metres away. Alvin begins loudly sneezing, which makes it hard for Tommy to talk on the phone. “Oi, you!” shouts Tommy, “If you don’t shut up, I’m gonna shove you and your bloody wheelchair into the middle of the street.”
“Sorry,” says Alvin, but he then continues to sneeze loudly.
Tommy walks over, puts his hands on the handles of the wheelchair, and pushes the wheelchair down the curb, causing Alvin to jolt heavily in the chair. Tommy then gives the wheelchair a hard push and it rolls approximately 10 metres into the middle of the parking lot. Tommy and his friends laugh and walk off, leaving Alvin in the middle of the car park.
Alvin composes himself, and then reports the matter to police, together with a comprehensive description of Tommy.
You work for the DPP. The investigating police officer comes to you seeking help. The police officer says “we need to make an example out of this Tommy bloke, and charge him with the most serious offences we can. I just don’t know what offences to charge him with.”
Provide structured advice to the police officer about which 2 offences from the Criminal Code (NT) are appropriate to the facts and likely to result in a successful prosecution. You must recommend the most serious 2 charges that are both likely to succeed - that is, 2 charges that have the heaviest maximum sentence according to the Code. In your structured advice, make sure you clearly specify which facts relate to which element of each offence you recommend and also include the maximum punishment for each charge you recommend. 

Part B
Sue is a 16 year old girl who lives in Palmerston with her grandmother. They live off her grandmother’s aged pension, and things are especially tough at the moment because of the increase in cost of living and grocery prices.
Sue has always been a talented soccer player, but this year her grandmother tells her that she won’t be able to afford the club and sports fees of about $300 and will have to miss the season. Sue is devastated and knows this will mean she misses out on potentially being selected for the NT squad.
The next day, Sue is at the Gateway shopping centre with a few friends. She notices an older man sit down on a bench and start counting a large amount of cash that’s in an envelope. The man puts the envelop into a backpack, and then sets the backpack down next to him. Soon the man gets distracted looking at the ‘Darwin buy swap and sell’ Facebook page on his mobile phone.
Sue thinks to herself, “If only I had some of that cash, I could easily pay for all the soccer fees.” She puts it out of her mind. Her friends leave soon after, and Sue is alone. She looks up and notices that the backpack has been left next to the bench, but the man is nowhere in sight.
Sue looks around for the man, and then walks over and picks up the backpack. She opens the bag slightly and looks in the envelope, and there appears to be around $3,000 in cash. Sue is immediately tempted to take some of the cash but doesn’t. She waits for another 5 minutes, thinking about how easy it would be to take $300 from the envelope and pay for her soccer fees. She decides she needs to think about it some more, and puts the backpack on her back to find a quiet place to think.
Sue wanders across the road to the public water park where she sits on a park bench, looking at the money in the envelope trying to decide what to do – should she turn it in to the mall, take a few hundred dollars out and turn it in, or just keep the entire amount and help out her grandmother with the cash?
Due to a recent increase in break-ins in the area, police have increased patrols through public places. Constable Jenkins and Constable Motlock are patrolling through the waterpark area. Sue sees them and begins looking around for an easy way to get out of the water park. She puts the envelope with cash into her pocket.
The two officers walk past her, and then turn around and approach her at the park bench.
“You look nervous,” says Constable Jenkins. “Gotta guilty mind?”
“Nah,” replies Sue, “I’m just looking for my friends.”
“Sounds like a lie to me. Lots of kids have been getting into trouble recently, making problems for the good folk of Palmerston. Are you one of them?” continues Constable Jenkins. “we know all about your type – parents aren’t looking after you properly and you just go around stealing and making trouble. What’s in the bag?”
“Nothing. Leave me alone.” replies Sue, starting to feel nervous.
“Getting cheeky are you? A bunch of teenage girls broke into the servo last night. I reckon you’re one of them. We’re going to detain and search you. Empty your bag and your pockets.” says Constable Motlock. “No. That’s not right” replies Sue, feeling scared.
“Do it now, or we’ll arrest you for hindering police” replies Constable Motlock in an assertive tone.
Sue doesn’t say anything. She empties the contents of her pocket and passes the envelope over to Constable Motlock. Constable Jenkins picks up the backpack from the ground, unzips all the zippers and shakes the contents onto the ground. From one of the side pockets that Sue had not looked in falls a ziplock bag, which is full of smaller ziplock bags containing small pills and white powder.
“Well, well. We thought we were catching a thief, and it turns out we snagged a drug dealer.” Says Constable Jenkins.
Sue is arrested and charged with an offence against s 7C of the Misuse of Drugs Act 1990, on the basis that she was in possession of a traffickable quantity of a Schedule 1 drug.
Acting on legal advice at the time of arrest, Sue does not provide any statement to police. She is bailed to appear at court at a later date.
You represent Sue. She provides you with instructions consistent with the facts above. Additional evidence includes the body worn camera footage from the two police officers, which is consistent with the facts above in relation to police interaction with Sue.
There is no video evidence or other evidence about Sue obtaining the backpack at the mall, and there is no information about who the original owner of the backpack is.
Forensic testing of the powder and pills reveals that it is a mixture of 0.6 grams of Methyl Methylenedioxyamphetamine and 27 grams of Alphacetylmethadol, with a total weight of 27.6 grams.
1. Provide structured advice based on the elements of the offence to Sue about whether she should plead guilty or not guilty to the charge (s 7C Misuse of Drugs Act 1990 (NT)) for possessing a traffickable quantity of a Schedule 1 drug. In your advice, also include
a. the maximum punishment for this charge
b. whether Sue is liable to mandatory sentencing if she pleads guilty or is found guilty of the offence
c. Whether you advise her to give evidence in her own defence or exercise her right to silence (if she pleads not guilty).
d. If Sue pleads not guilty and contests the charge, will this matter be heard in the Local Court or the Supreme Court? 

2. On the basis that Sue might decide to give evidence in her own defence, or as part of a plea negotiation, provide structured advice based on the elements of the offence to Sue on whether or not she is likely to be found guilty for a charge of stealing under the Criminal Code (NT) for the actions in relation to taking possession of the backpack and contents. In your advice, also include
   a. the maximum punishment for this charge
   b. whether Sue is liable to mandatory sentencing if she pleads guilty or is found guilty of the offence

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