Unit Code & Title : LAWS11057 Law
Word Limit : 1500 words
Assessment Type :- Assignment
Task : There are two components to this assignment:
1.You must analyse the problem question below and provide advice to the clients in accordance with the instructions.
2.You must write a reflection on your assignment your process for preparing it your legal reasoning process and your legal skills. When discussing your problem solving process explain the decisions you made to reach your conclusions. Note: we recommend around 300 words for the reflection and that most of the word count be dedicated to addressing the issues in the problem question.
LAWS11057 Law Assignment
Problem Question :
MEMO
Joseph has been charged with an offence contrary to the Summary Offences Act 2005 (Qld) s 9 and Daniel has been charged with an offence contrary to Summary Offences Act 2005 (Qld) s 6(2)(a)(ii). I need you to provide advice on whether their behaviour is likely to be regarded as falling within the respective section. The facts are as follows:
LAWS11057 Law Assignment
Last month Joseph was visiting his brother Daniel in Cairns. One Friday evening Joseph and Daniel went into town with four of Daniel’s friends for dinner to celebrate Daniel’s birthday. Following dinner at about 9pm the group went to several bars. Joseph estimates that over the course of the night he consumed four beers a glass of white wine and two shots of whiskey. Daniel estimates that he consumed three beers and three shots of whiskey. At around 1 am the group decided to walk down the Cairns esplanade in search of a taxi. Joseph described the group as a little loud in that they were teasing each other and laughing but this was not any louder than the music coming from some of the venues that were still open. When they got to the southern end of esplanade they approached the lagoon pool. Daniel joked that it was custom for all visitors to Cairns to strip naked and jump in the Cairns lagoon pool as a dare. The group then began to chant do it do it! at Joseph. Feeling under pressure to impress his brother’s friends Joseph looked around and saw that the members of the group were the only people he could see in the area. He then ran over to the lagoon pulled off his t-shirt shorts and under wear at the edge of the water covered his genitals with his hands and jumped in the water. The group laughed and cheered at Joseph.
LAWS11057 Law Assignment
At this point in time Police Officer Smith was sat in a police car in the carpark adjacent to the lagoon pool. Between the carpark and the lagoon pool is a toilet block that blocks the view of the lagoon pool from the carpark. However as it was the early hours of the morning he was concerned about the noise level so upon hearing the cheers of the group he decided to go over to them and ask them to keep the noise down and move on. As he approached the group he realised that Joseph’s clothes were at the water’s edge. He asked Joseph to exit the water and as Joseph got out the water it became apparent to Police Officer Smith that Joseph was completely naked because Joseph exited the water holding his hands over his genitals. Police Officer Smith told Joseph to get dressed as quickly as possible. Joseph did so ensuring that his genitals were not visible to any of the group or Police Officer Smith.
LAWS11057 Law Assignment
Police Officer Smith said to Joseph had a bit too much to drink have we sir? Joseph said not at all just fancied a dip in the water. Police Officer Smith said the signs clearly indicate that the lagoon can only be used between the hours of 6 am and 9 pm. You should not be in the water, and you certainly should not be in there naked.
LAWS11057 Law Assignment
Daniel explained to Police Officer Smith that he had dared his brother to jump in the water naked and that Joseph checked that there was nobody around to see before he took his clothes off. Police Officer Smith told Joseph that he was arresting him for wilful exposure. In response, Daniel said come on man, you can exercise some discretion here. It’s my birthday. Nobody was hurt. Nobody was offended. We promise we won’t do this again and we’ll head home straight away. In response Police Officer Smith said he has committed an offence. I saw him naked and that is all the law requires. Daniel became agitated and said that’s fcking ridiculous.
LAWS11057 Law Assignment
Police Officer Smith said to Daniel watch your language. Daniel said sorry but this is outrageous! Police Officer Smith then stated any more from you mate and you’ll be coming to the station too. In response Daniel said ah brilliant arrest me instead of the prcks that stole my bike last week. What a fcking waste of police resources – haven’t you pigs got real criminals to catch? Police Officer Smith then stated that he was also arresting Daniel for public nuisance for using offensive and abusive language.
LAWS11057 Law Assignment
There are no fences or barriers to entering the lagoon pool but there are signs around the lagoon pool that state: Public admittance between the hours of 6 am and 9 pm only. The pool is not available and must not be used, outside these hours. The group were the only people visible on the esplanade at the time of the alleged offences, but there are several tall buildings nearby that contain units with windows and balconies that over look the lagoon pool.
Please set out your advice in a memo for the file indicating whether:
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