Instructions

Setoutbelowisahypotheticalproblemthatraisesanumberofissuesforapplyingthe rulesofcriminalliability.PleasenoteallthesubmissionguidelinesonCanvas.

Thisassignmentisworth40%ofyourtotalgradeinthissubject.

ThisassignmentisdueonTuesday25Marchat11.5Gpm.

ExtensionsofanykindmustbeappliedforPRIORtotheassignmentduedate/time.

AssignmentChecklist

• Submission is wholly the students own
• Submission onlyaddressesmaterialcoveredinCriminalLawandProcedure Modules1A,1B,2A,2B,3A,3B,4Aand
• Assignment adheres to the maximum word limit (2000-words,excluding

footnotesandbibliography).

• Accurate word count is stated on the first page of the paper (word countincludes

headingsandstatementofwordcount).

• Footnotes and bibliography included, accurate, and adhering to
• Footnotes donotincludeanysubstantivetext,suchascommentary, citationsonly.
• Submission adheres to UTS Law Faculty Guide to Written
• Submission is in .doc or .docx format (no .pdf, ).
• Submission is typed in a legible 12-point
• Submission does notincludeacover
• Where GenAI has been used in the preliminary preparation of this submission, the student has savedallchattranscriptswiththeGenAItool,andisabletoproduce themwhenrequestedtodo

FactsandQuestion

Dylan is a 13-year-old YooTube sensation. Over recent years he has developed a following of more than 1 million subscribers, who all love to follow Dylans Fortlite

exploits. Some of Dylans top performing videos are his Fortlite streams and cheater exposs. Dylan is delighted when a big, gold YooTube Play Button plaque arrives in

January 2025, acknowledging his outstanding YooTube audience engagement. The heavy plaque now has pride of place in his bedroom.

Despite his worldwide success, Dylans family are growing increasingly concerned about his mental health. Dylan started high school this year, but he has not been attending classes hes too focused on developing fresh content. Last year, Dylans

school reports reflected an engaged and highly intelligent student with strong empathy for his peers. The contrast with his engagement in high school could not be more stark. In the first four weeks of school for 2025, Dylan has not attended class once.

Battling through the NSW Health psychiatrist shortage, Dylans mum, Geneva, gets Dylan seen by a specialist in February 2025 who diagnoses Dylan with Internet Gaming Disorder. The doctor shares with Dylan that, without treatment, the disorder is likely to get worse: his behaviour will become increasingly erratic, he will start withdrawing from his family and friends, and he will not be able to cope with normal day-to-day life andfind it increasingly difficult to control himself. Dylan laughs off the diagnosis and tells the psychiatrist he doesnt have a gaming addiction, he just loves to play.

Unbeknownst to his parents, in March 2025 Dylan decides to attempt to break the world record for the longest non-stop YouTube live stream. He tells his YouTube followers the stream is in their honour, for getting him the Gold Play Button plaque.

As the days of the livestream drag on, Dylan is becoming more and more reclusive. He hasnt slept for days. He is now refusing to leave his room even for meals or showers, let alone to attend school. His parents are becoming increasingly distressed and worried for Dylans wellbeing. After their repeated attempts to get him to come out of hisbedroom, Dylan has barricaded himself in and refuses to leave. His mum and dad have spent an hour trying to engage with Dylan through his closed bedroom door to get him to come out and eat lunch with them. They have tried forcing the door, but Dylan haspushedhisbedagainstthebedroomdoor,sotheycantgetitopen.

Finally, Dylans dad Raymond has had enough. He decides to cut off the problem at the source. He runs downstairs and around to the back of the house to the electrical switchboard and turns off all the power to the house. Almost instantly, he hears banging and screaming coming from inside.

Raymond rushes indoors. He sees Geneva running away from Dylan. Blood is trickling from Genevas head where Dylan has already hit her. Dylan is chasing Geneva, screaming and brandishing the heavy YooTube plaque, threatening to smash her head in. As Geneva tries to escape down the stairs, she falls. Raymond runs to his wife. She is lying on the floor at the bottom of the staircase, with a pool of blood blooming under her head. Raymond calls an ambulance, but Geneva is pronounced dead at the scene.

AssessDylanscriminalliabilityfortheoffenceofmurderandtwopartialdefences.