Daniel was running and Belle was roller blading

Instruction Sheet

  1. Write all answers in a word document and upload to the assessment two upload link on Moodle.
  2. This take home paper is comprised of two (2) questions, each worth 30 marks.
  3. Each question has a maximum word count of 1000 words.
  4. The total word count for this take home paper is 2000 words.
  5. You should identify each of your answers by heading it with the question number – e.g. Q1.
  6. This take home paper is worth 60 marks in this unit.
  7. This take home paper is due at 8am on 16 June 2020.
  8. In the absence of an extension approved by the Deputy Dean of Learning and Teaching, there will be no opportunity to complete the task after this date and there will be no opportunity to apply a late penalty of five per cent per day and you will receive a mark of zero for this assessment task.

TOTAL 60 MARKS

Answer all questions

Question 1 30 Marks

Daniel met Belle at a park when Daniel was running and Belle was roller blading. About three months into the relationship Daniel and Belle separated and Daniel started to date a work colleague named Lisa. Belle was told of Daniel’s relationship and she contacted him to meet for dinner. Daniel reluctantly attended the dinner where Belle told Daniel she was pregnant.

Belle contacted Daniel’s mother and told her she was pregnant, and Daniel’s mother pressured him to marry Belle. Daniel and Belle married 3 weeks later in a small, out of town ceremony before a priest.

A few days later Daniel and Belle went to see Belle’s Doctor, Dr Phil, who confirmed her pregnancy through a series of sonography pictures. Daniel was not aware, but Belle was not pregnant, she was blackmailing Dr Phil to make it look like she was pregnant. Belle had discovered that Dr Phil was freezing embryos of other women and selling them. Belle threatened to expose Dr Phil if he did not help her convince Daniel she was pregnant. Dr Phil tried to impregnate Belle by way of artificially insemination however it did not take, and it would be at least another month before they could try again. Belle realised she would not be able to continue to deceive Daniel so she faked a miscarriage, confirmed by Dr Phil.

Daniel started to look into Dr Phil’s history and discovered that he had settled five out of court settlements for selling frozen embryos. He wondered why Belle, already pregnant, would seek out a fertility Doctor.

Daniel went to Dr Phil’s surgery and told him he was aware that he had out of court settlements and that he did not believe Belle was pregnant. Daniel asked for Belle’s medical records to be sent to a new doctor for an alternate opinion and that if he did not get a proper answer, he would subpoena all medical records. Dr Phil broke under the pressure and told Daniel that he was being blackmailed by Belle and that if he did not go along with her fake pregnancy she would expose him on the front page of every newspaper in Queensland and Australia. Daniel said to Dr Phil “so I married the crazy nutter for nothing”. Dr Phil replied “yes it was all a lie”.

Daniel went home to find his wife Belle making dinner. She was cutting up cheese with a large kitchen knife. Daniel approached Belle and said “we need to talk about your so called pregnancy”. She replied “I was pregnant, Dr Phil was a quack, he lost our baby”. Daniel said “there was no baby you psychotic nutter, no miscarriage the whole thing was a sick manipulation by you to get me to marry you, you’ve humiliated me to my family and to my friends”. Belle replied “I was pregnant Daniel, I love you- don’t say this”. Daniel replied “I had a very enlightening conversation with your Doctor and he told me everything, I know it all, you thought you would get away

Question 1 continued over page

Question 1 (continued)

with it”. Belle turned to Daniel holding the knife and said “I did get away with it, it worked, you were easily deceived, you were gullible, and I got the man I wanted and now I am Mrs Daniel Fairchild, and no one will ever take that away from me. I will kill you before you ever leave me, I wont let you leave me Daniel”. Belle points the knife at Daniel. Daniel says, “Belle put down the knife, this sick manipulation is over”, Belle replied “you are right, it is over- for you Daniel”. Belle lunges at Daniel with the knife. Daniel grabs her arm and tries to point the knife away from his body but the knife continues to inch closer to him. Daniel pushes Belle to her side so that she turned and fell onto the lounge face down. When he approached Belle he said “get up Belle”- but she did not move. When he grabbed her shoulder and turned her, he saw that the knife was now implanted in her lung and she was dead.

Daniel panicked and called his Father, Allen. Allen came to his home. Daniel had cleaned up the lounge room and Allen then dumped Belle’s body in the river. The Queensland Police found her body the next day floating in the river.

Daniel and Allen were charged with murder. What advice do you provide Daniel and Allen?

Question 2 30 Marks

Chris and Jack have been drinking at Sarah’s house. They left at 10 pm to go to a restaurant. Sarah stayed at home and went to bed. About five minutes after leaving Sarah’s house Chris said he left his wallet in her home and he will have to go back and get the wallet. Chris and Jack walk back to Sarah’s home. Chris knocked on the door, Sarah did not answer. There was a window left open, so he climbed in and got his wallet and left. A neighbour across the road saw Chris climbing through the window and contacted the police.

Chris and Jack walk to a restaurant to eat dinner. They each ordered a scotch. When they were finished they went to pay. The waiter gave them their bill and Chris and Jack were surprised to see each glass of scotch was $12. They paid the bill and left.

They walked down the road to meet some friends and hang out for a while and in doing so they were conversing that the price of the scotch was a rip off. On their way home they walked past the restaurant and they saw there was one person inside closing the restaurant.

Chris said to Jack, “I should go in and get us a bottle of scotch we just paid $24 for two glasses we may as well drink the rest of the bottle”. Jack laughs and says “yeah whatever you think”. Chris says “just wait here and if any one comes back call out for me”. Jack sits in the gutter and makes a call to a friend.

Chris runs across the road to the restaurant, the door is open, he runs in and grabs a bottle of scotch and leaves. He meets up with Jack and says “see I told you I would get it for us”, Jack replies “you are a fool” in a laughing tone. Chris and Jack walk to Jack’s home to go and finish off the bottle of scotch and to sleep.

The next day Police attend at Jack’s home and say Jack and Chris are wanted in regard to a string of property offences last night. Jack said to the Police “I have no idea what you are talking about”. The Police entered Jack’s home and they find Chris on the lounge and an empty bottle of scotch on the table.

The Police arrest Chris and Jack. At the watch house they are told they will be charged with property offences at Sarah’s house and at the restaurant. They refuse to answer any questions relating to property offences. They do not

participate in an electronic record of interview. They are held at the watch house for 12 hours and they are then released with a notice to appear in 14 days.

Two days later the Police attend at Chris’s home with a warrant to search the premises. The warrant has been signed by a Magistrate and the Police allege Chris has drugs in his home.

Question 2 continued over page

Question 2 (continued)

When the Police entered the home, they located four clip seal bags each with 5 grams of cannabis and observe Jack sitting on the lounge drawing in a book. They obtain the book and they find on one of the pages there are four names, mobile numbers and sums of money ranging from $40 to $60, some names have a tick and the word paid, other names have a cross and the word unpaid.

Chris and Jack are taken to the watch house, they do not participate in an electronic record of interview and they are given a notice to appear at court in 14 days.

Chris and Jack seek your advice as to the criminal law processes and offences that arise from the facts.

– End of paper –

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