Topic: Criminal law- accessories
Order Description
By using the AGLC, PLEASE ANSWER THE FOLLOWING QUESTIOIN:
CRIMINAL RESPONSIBILITY ACCESSORIES
Write a case note on two of the following cases. How do they differ from McAuliffe v The Queen (1995) 183 CLR 108. Be prepared to discuss. 300 words each:
Markby v The Queen (1978) 140 CLR 108,
Brown and Morley [1968] SASR 467 (posted – the rest you should be able to find)
Johns v The Queen (1980) 143 CLR 108
R v McDonald (1963) 80 WN (NSW) 1716;
R v Ryan and Walker [1966] VR 553;
R v Vandine [1970] 1 NSWR 252;
R v Doorey and Gage [1970] 1 NSR 35;
R v Grapsas [1973] VR 857;
Varley v R [12 ALR 347)
Read this news comment item and identify conduct and fault elements of the relevant criminal law: https://www.smh.com.au/good-weekend/zak-grieve-the-man-who-wasnt-there-20141113-11lrok.html
How does the criminal law in the NT define attempt? How does this compare with the law in your location? If you are in the NT, imagine you are in Melbourne.
Should the law on liability of accessories to offences in the Northern Territory be reformed? Give reasons for your answer dealing with the law on accessories in both parts of the code and whether there should be a reverse burden of proof for all alleged accessorial conduct.
Answer the following problem using the IRAC method.
Brom and Alma Garrett have just bought a brand new Audi Quatro with some of the money that Brom has received from his parent’s inheritance. He always parks it in the driveway so all the neighbours can see it.
A group of local troublemakers were sitting around in Bill’s garage next door to Brom’s house on Saturday evening. Bill doesn’t like getting his hands dirty these days, as he’s a high ranking member of the Deadwood Riders, a well known biker group in town, but he’s always on the lookout for easy money.
“Hey Jane, I’ll tell you what.. I know you’re having some mortgage difficulties now that you’re on your own with the kids, if you put your skills to good use and steal that Audi for me, I’ll pay the overdue balance for ya..”
“Yeah okay…there’s $4300 owing, you’d better pay the lot Bill…and I want it in cash on delivery.”
“Of course Jane, no worries”. Says Bill, knowing he’s got himself a great deal.
Just before Jane heads over to where the Audi is parked, her little brother Charlie comes up to her and says: “Hey Jane, I’ve got this new laptop program that works on all the new Audi’s, it will let you by-pass the alarm system much quicker..”
“Wow Charlies, that’s awesome, thanks”.
“I’ll have to come and work it for you though, but after that I’m outta there, I don’t want no trouble..” Charlies says.
“Sure Charlie, thanks”.
Jane picks her friend Sophia up on the way. Jane actually only owes $3300 on her mortgage, so she agrees to give Sophia the extra $1000 for her help.
Jane and Sophia, meet Charlie at the Audi. Charlies bypasses the alarm system, and leaves. Sophia keeps watch while Jane gets in and starts the car. Sophia gets in and they speed away.
A few minutes later Sophia loses her nerve. She’s on bail at the moment, and knows if she gets caught she’ll probably end up having her bail revoked.
“Pull over, I can’t be a part of this”.
Jane tries to talk her into staying, but Sophia won’t hear of it. Jane lets her out, and she walks home.
Jane hands the car over to Bill, gets the money and leaves.
A few days later Police are making enquiries about Jane around town. Charlies quickly calls Jane and tells her to come over to his place, a large acreage out of town. “You can stay out here with me until it settles down” says Charlies. Jane gratefully accepts.
What sort of criminal responsibility will be attributed to each person if they are caught?