Criminal Law and Procedure –Problem-Solving Question

WEEK 1: NO TUTORIALS/SEMINARS

WEEK 2: INTRODUCTION TO CRIMINAL LAW PROBLEM SOLVING INCLUDING BASIC CONCEPTS OF

CRIMINAL RESPONSIBILITY

Classes this week provide an introduction to the tutorial program for Criminal Law and Procedure.
You need to attend the tutorial/seminar that you have enrolled in via WATTLE. If your name is not
called on the class roll this means that you are not enrolled in the tutorial/seminar and you will need
to contact the Course Convenor to be allocated to a tutorial/seminar group. Remember that in this
course, there is no swapping between groups over the course of the semester.

In this class you will meet your tutor and other members of your group, discuss the assessment tasks
and expectations within your group. In this class you will also work with a basic provision from the
Crimes Act 1900 (NSW) in order to practise recognising actus reus and mens rea elements of an
offence. This is important practise and the development of a skill that you will draw upon all
semester in Criminal law and procedure. As part of your preparation for this class you should have
attended all the lectures (or caught up by listening to the lectures online) and have completed the
required reading for Week 1.

ANALYSING CRIMINAL OFFENCES

Task:

1. Look up s 49A of the Crimes Act 1900 (NSW) in your Annotated legislation. (NB. You should
be bringing your legislation along to all tutorial/seminar classes)
2. Carefully read the section
3. Identify the elements that need to be established to prove liability
4. Consider the following facts and be prepared to discuss in your tutorial Freda’s potential
liability under s 49A. We recommend that you write up an answer in advance of your tutorial
(tip - remember HIRAC method. There is FAL material on WATTLE for you if you would like a
refresher).

FACTS

Freda, an ANU student, is mucking about with friends in a public car park outside the Queanbeyan
Leagues Club in NSW. They are throwing a heavy bunch of keys between them as they pretend to
argue about who is going to drive them back to their shared house in Canberra. In fact, Freda is the
designated driver for the group as she has not drunk any alcohol at the Club. Freda throws the keys
to Marcus saying “I’ve changed my mind – you’re driving”. Her aim is off and instead of reaching
Marcus, the keys hit the windscreen of a car parked in the car park. The windscreen shatters. There
are two people in the car and the driver was just about to turn on the ignition to drive away. No one
is injured in the incident. Freda says that she did not know that anyone was in the car nor did she
intend for the keys to hit the windscreen of the car.