Unit Title :- Criminal Law
Assignment Type :- Essay Assessment
Weighting: 20%
Word Count: 1000 words (max). Please indicate the word count on your submission.The word count is strictly enforced. Words above the word limit will not be marked.
Format: 12-pt font (preferably Arial), single spaced.
Criminal Law Essay Assessment
Additional information:–
1.You should cite relevant authority using in-text citations (do NOT use footnotes) – for example (Royall v R (1991)) or (s.18 Crimes Act 1900 (NSW))
2. You need to submit your assignment via the Turnitin link on vUWS located in Assessment 2: Problem Question folder.
3.The submissions MUST be made in a WORD document.
4. Your submission needs to be your own work, you should not discuss your work with others in writing your response. Turnitin will check for plagiarism and/or collusion which constitutes academic misconduct and will be dealt with under the University’s Academic Integrity and Student Misconduct Rule.
Problem question :-
Angela and Boris have been in a relationship for several years. Initially, Angela was happy to have found a partner who helped her overcome the trauma of her previous relationship where she was often sexually assaulted by her then-partner. With time however Angela and Boris’s relationship started to change and Boris started sexually to assault Angela (i.e. having sex with her without her consent) Angela consulted a lawyer who told her that if she wants to get rid of Boris from her life she could make a complaint with the police because it is clear that Boris is committing a serious indictable offence (i.e. sexual assault under section 61I of the Crimes Act 1900 (NSW)) for which he could spend 14 years in jail. Angela cannot bring herself to make a complaint to the police, despite the sexual assaults becoming more frequent and more traumatic to her.
Criminal Law Essay Assessment
One evening Angela and Boris take a walk on the beach. When they reach a secluded place Boris tells Angela he wants to have sex with her. She refuses and thinking of all the abuse she has endured over the years from her partners she becomes enraged. She starts shaking screaming and tearing her hair. She pulls out a pocket knife and raises it above Boris’s head ready to strike. She slips on a slippery rock and lands with the knife in Boris’s chest. Angela gets up in a state of rage and proceeds to cut Boris’s legs tendons. She then leaves him on the beach.
Unable to move as a result of his injuries, Boris drowns and dies when the tide comes in. If taken to the hospital after the injuries inflicted by Angela Boris would have survived.
Discuss Angela’s liability for Boris’s death and the defence/s she may be able to raise.