LAW162CriminalLawT12025 Hypothetical Assignment

Instructions

WordLimit:2000words,notincludingfootnotesorbibliography/referencelist. Weighting: 40%

Pleasereadthisdocumentinitsentirety.Itcontainsnotonlytheassignmentquestion,butinformation relevant to how the assignment will be assessed.

AllcitationofsourcesmustbecompliantwiththeAustralianGuidetoLegalCitation(4^thedition).

Students cannot submit an assignment unless they have completed AIRLI. Please ensure that you complete AIRLI well before the assignment is due. Problems with completing AIRLI are not an excuse for late submission.

Regardingreferencingrequirements,pleaserefertotheStudentAcademicIntegrityPolicy(thePolicy), especially [8] and [9], for information regarding plagiarism.

Pleaserememberthattheassignmentisnotgroupwork.Donotdiscussanyaspectofyourassignment withanyoneelsenoteventheissuesorthestructure.Theseareassessableaspectsoftheassignment.

Use of generative artificial intelligence tools, such as ChatGPT, Grammarly or any other tool that generates content is not permitted for this assignment. Use of any of these tools would constitute academic misconduct.You are permitted to use Perry Mason and Lexi LawScribe for guidance.

The consequences of a finding of academic misconduct are very serious, especially for law students, because such a finding can adversely impact on entitlement to be admitted into legal practice.The onus is on you, the student, to ensure that you understand and comply with the Policy. If you are unsure, its much better to ask.

PleaseseetheLawSchoolStudentEssentialsforwordlimitandextensionpolicies.

Submit your assignment via the link in the Assessment module on the units MyLearn site. Please be advised that UNE uses Turnitin plagiarism and AI detection software.

MinimumRequiredReadingfortheAssignment

• AnthonyMarinacetal,'Chapter7:FrameworksforLegalThinking'inMarinacetal,Learning Law(CUP, 2018) 171 (on 'Reading List', link from Moodle's home tile).
• 'How to answer legal problem-solving questions -including the IRAC method' and Tasks A, B and C, in 'Writing for Law' in the Law Skills Hub.
• Allrequiredreadingsfortopics1,3,4,5andthe
• CrimesAct1900(NSW),sOthersectionswillberelevant.
• Thisdocumentinits

LAW162AssignmentQuestionT12025

Cormac, a 35-year-old ice addict, was working in a laundromat in Coffs Harbour, NSW. Last week, he was fired by his employer after he was caught on CCTV stealing coins from the machines. Cormac, desperately trying to think about how he could get some fast cash, recalled going to the jetty as a teenager during summer and jump off the pier into the water. Cormac remembered that once it got dark, there were always fishermen who would come there at night to fish off the end of the jetty. They were usually elderly men who would be so focused on catching fish and chatting to each other that he doubted they would notice if he crept up behind them and stole their wallets (or whatever else he could find!) out of their bags. Desperate for money to support his drug habit, he concocted a plan to go to that same jetty and do just that.

At 10pm on 18 January 2025, Cormac headed to the pier dressed head to toe in black and wearingthe softest-soled runners he could find. He wanted to make sure the fishermen didnt hear him so that he could just steal their stuff and leave without anyone getting hurt.and without him getting caught. Cormac couldnt believe his luck as he approached the end of the pier. There were only 2 elderly men fishing that night, Joe and Sam, so it would be a lot easier for him to steal their stuff without being seen by anyone.

He managed to quietly grab Joes wallet out of his bag but, as he went to reach for Sams wallet, a mobile phone started ringing in one of the bags. Both men turned around to see Cormac with his hand in Sams bag. Cormac noticed a large filleting knife next to Sams bag. The blade was about 25cms long and Cormac thought to himself that a blade that length could do some serious damage.

He had wanted to steal the wallets and run, not hurt anyone, but he also wasnt going to let these two old men get in the way of him and his drug money. He picked up the knife, holding it at chest height and pointing it towards the two men, and said, Dont come any closer. But it was too latefor Sam. There wasnt much distance between them, and he was already lunging for Cormac before he noticed the knife. Sam landed on the knife, causing it to penetrate deep into his chest, and he collapsed in a heap on the pier. Cormac, startled, turned and started running away. But Joe became so enraged when he saw that Sam had been stabbed that he decided to chase Cormac.

After only a couple of seconds, Cormac realised that Joe was chasing after him. He knew that Joe didnt stand a chance against him physically and he also thought that it might be a good idea to take care of Joe, considering Joe was now a witness. So, he stopped running, turned to face Joe, and gave him a forceful shove. Joe stumbled backwards and fell off the pier into the ocean. Cormac lookedover the side of the pier and saw Joe waving frantically while shouting, I cant swim. Being an avid swimmer and having had plenty of experience jumping off the pier at night, he instinctively contemplated jumping in to save Joe. However, Cormac also knew that if he did save him, Joe could identify him and testify against him for stealing the wallet and for stabbing Sam.even though Cormac thought that was really Sams fault, not his.

So, Cormac fled. Sam bled to death, and Joe drowned. Joes autopsy later revealed that he had several broken ribs and a broken sternum, the most likely cause being blunt force trauma from Cormacs forceful shove. But his ultimate cause of death was drowning.

Is Cormac criminally liable for murder or manslaughter on the foregoing facts? Explain why Cormac is or is not liable for murder and manslaughter. Bearing in mind that charges can be presented to the jury as alternatives,make sure thatyou cover all arguablepossibilitiesfor convictingCormac of murder and manslaughter. NB: All events occurred in NSW.

MarkingCriteria

• Theanswerdemonstratesunderstandingoftheelementsofmurder
• Theanswerdemonstratesunderstandingoftheelementsofmanslaughter
• Theansweraddressesthequestion/s
• Identificationofissues
• Identificationofrelevantlawqualityofresearch
• Discussionoftherelevantlawdemonstratesanuancedunderstandingoftheapplicablecase law and legislation
• Applicationoflawtofactsdemonstratesanuancedunderstandingofhowthelawappliesin the context of these facts
• Structurecontainsaconciseintroductionandconclusion,contentisorganisedcoherently, headings and subheadings are used appropriately
• Presentationqualityofwrittenexpression,freeofgrammatical,punctuationandspelling errors
• AGLC4complianceandprovidesareferenceListorbibliographyatthe

Marks will not be awarded separately for each of these criteria. Rather, marks will be awarded for murder and manslaughter, taking these criteria into account globally.

FAQs

HowshouldIgoaboutansweringthequestion?

IstronglyrecommendthatyouusetheIRACmethod.

1. Issue:Identifytheparticularlegal
2. Rule/relevantlaw: Discuss the law applicable to that issue, remembering to cite the relevantlegalauthority (cases and legislation).
3. Application:Applythelawtothe
4. Conclusion:Makeaconclusionaboutthe Repeat this process for each issue identified.

Whatarethemostcommonmistakeswhenansweringhypotheticalassignments?

Themostseriousandquitecommonmistakesare:

• Insufficient detail in discussion of the law:The slides are not a sufficient foundation for the assignment. Students need to demonstrate nuanced understanding of the applicable legislation and case law. In the case of the latter, that involves reading the cases. Once youve identified the key cases you need, please read them. Do not rely on extracts in the text.
• NotreadingthefactsandthequestionwithsufficientIfyoumisreadthefacts,youarelikely tomississuesaltogetherormisapplythem.Youalsoneedtoconsiderthequestioncarefully.Ifthe question asks about offences committed by Jane there are no marks available for discussing offences committed by Mary.
• Missingissues:therewillbemarksdesignatedforeachIfyoudontrecogniseanddealwith an issue you lose a chunk of potential marks.
• Thescattergunapproach:anothercommonerrorinvolvessummarisingeverythingcoveredinthe unitregardingthelawrelatingtotheThisisanerrorbecauseitisonlytherelevantlawthat needstobediscussedandascattergunapproachconveystothemarkerthatstudentdoesntknow which bits of the law are relevant.
• Failing to apply the law: Following discussion of the law, many students purport to apply it by saying something like, obviously, that applies to this case. That is not application of the law; it is aOncetheapplicablelawhasbeenidentified,itisappliedbyidentifyingtheparticular factorcombinationoffactsthatbringascenariowithinthescopeoftheruleandthensubjecting those facts to the rule. Ouch, sounds hard! The cases contain countless illustrations of how it is done. That is why reading them is so important.

HowwillIknowwhattheissuesare?

Being able to recognise the existence of legal issue is a core legal skill. If you do the readings, engage with the unit resources, and read the relevant cases, you will be able to recognise the legal issues in the factual scenario. To be blunt, almost anyone with a search engine could tell you about the law on a basic legal point. The important skills taught at law school involve recognising legal issues and applying law to the facts. Both of these skills come from reading cases.

You should say something about each element of the offences you consider, but you do not need to discuss an element in depth if on the facts, it is entirely straightforward and obvious (in which case, it wont be an issue).

HowmuchresearchwillIhavetodo?

Most of the cases required for answering this question are discussed (although not necessarily extracted) in the textbook, listed in the required readings or discussed in the lectures. Recommended cases are also an important resource. Research might help you find other relevant cases.

You might also have to research statutory law. TheCrimes Act 1900(NSW) would be a good place to start.

HowshouldIpresentmyanswer?

Your answer should be written in grammatically correct prose. Referencing should be compliant with the AGLC (4^thed). Ensure that spelling is correct in Australian (UK) English.

I recommend that students ensure that word processing software defaults to Australian English and that a spell checker and grammar checker are used before the document is submitted (non-AI powered).

Wastingwords

Thereisnothingtobegainedfromrepeatingthefactsofthequestion.

There is nothing to be gained from repeating the facts of other cases. Doing this will create the impression that, although you realise that there is a factual analogy between the case and the facts in the question, you dont understand the legal principles from the case, and you dont know how to apply them to the facts.

There is nothing to be gained from quoting entire sections of legislation. Doing this will create the impression that you dont really understand the legislation because you cant put its effect concisely into your own words.

Help!Itsliterallyimpossibletoanswerthequestionwithinthewordlimit!

Meeting word limits is always tough, but it is always possible to answer the question to HD standard within the word limit. Below are my tips for managing the word count:

• Areallofyourissuesreallyrelevantonthesefacts?
• Makesurethatyourstructureiscoherentanddoesn'trequire
• Paraphrase concisely, rather than use direct quotes (paraphrasing is also preferable because the marker can see that you understand - a direct quote does not convey understanding).
• Useheadingsand
• SomestudentswritebeautifullywithrichadjectivesandConversely,legalwritingiscrisp, yet grammatically correct. Consider whether your adjectives and adverbs are necessary.
• Developacrispsentencestructure,eg,fromapaststudentdealingwithaquestionaboutgrounds forappeal:'IhaveaddressedonlytheissuesIthinkarerelevanttogetuponappeal,andyetkeep exceedingthewordlimitby'Wordcount:24,couldberedraftedwithoutlossofcontent as:'Ihaveaddressedonlyrelevantappellateissues,yetthewordcountisexceededbyhundreds.' Word count: 15.

Conversely, if your final draft is hundreds of words below the word limit, you have a different kind of problem. The word limit is an indication of the amount of detail expected, given the number of issues. If you have hundreds of words to spare, you might have missed one or more issues, or you might need to consider the issues in more detail.

WherecanIgethelpwiththeassignment?

Gilbert Meynsgmeyns@une.edu.au,UNEs law librarian, has created a LAW162 library assignment guidewhichappearsasalinkintheassessmentmodule.Itcontainshandylinkstoseveralcriminallaw- specific resources.

Nola Holmesnholmes5@une.edu.auis the Law Schools student Academic Advisor and she can assist with general study and assignment skills.

The Law Skills Hub (LSH) has amazing how-to resources including research, referencing, reading, writing and sample assignments.

And the Unit Coordinator, Claudia, will, as always, answer your questions (where possible) on the Assessment Forum.