Mike is Charged with Larceny Under s 117 of the Crimes Act 1900 - Law Assignment Help

Assignment Task

Problem Question

Rachel is very into gaming. It drives her partner Harvey crazy. On this particular Saturday, Rachel has been on her PS4 since 8am. At 12pm, Harvey says:
We’ve got lunch with my parents remember. We’ve got to go in half an hour. At 12:25pm Rachel is still occupied with her game. Harvey says:

Seriously, we’ve got five minutes. Get off the stupid game and get ready. At 12:30pm Rachel is still playing. Harvey loses his temper, snatches her favourite wireless controller out of her hands, walks to the balcony and throws it off. They live on the 8th floor of a twenty-storey apartment building. Mike is out walking his dog. His route takes him past Rachel and Harvey’s apartment building. As he walks past, he notices a PS4 controller on the grass. Mike has a PS4, and could use another controller. He looks around to see if anyone is looking for it,  but cannot see any other people. He looks up at the apartment building and cannot see anyone looking back down at him. He picks up the controller and keeps walking.
Rachel races downstairs to retrieve the controller. Running through the doors to outside, she sees Mike walking off down the street with the controller in his hand.
Catching up to Mike, Rachel says: Hey mate, that’s mine, give it back.
Mike says: What are you talking about? I found it, it’s mine.
Rachel says: Seriously it’s mine, my crazy boyfriend just threw it off our balcony. Give it to me or I’ll smash your head in.
Mike looks at Rachel – who is clearly very angry - and decides that it’s not worth getting into a fight over. Mike hands over the controller and keeps walking.

Each question is worth equal marks.
1. Mike is charged with larceny under s 117 of the Crimes Act 1900 (NSW). You are his lawyer. Should he plead guilty or not guilty?
2. Rachel is charged with common assault under s 61 Crimes Act 1900 (NSW). You are her lawyer. Should she plead guilty or not guilty?

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