sections of the WA Criminal Code: ss. 279, 280, 281, 297, 304, 313, 317, 338A, and 338E.

September 13, 2017Uncategorized

ASSIGNMENT QUESTION

Vladimir owned a florist’s shop in the Perth suburb of Murdoch. On 8 June 2017, Vladimir was visited in his shop by Andrea, who said she would like to invest in the shop in exchange for a share of the profits. Vladimir replied that he did not need any further capital for his business, that the profits were only just enough to keep him going as it was, and that therefore he would respectfully decline Andrea’s offer.

At 7 p.m. on the evening of 11 June, a flower-delivery service delivered one-dozen roses to Vladimir at his home in Bull Creek. Vladimir accepted the flowers and brought them inside his house. He then read the note attached to the flowers. It said simply “Look out your kitchen window.” Vladimir’s kitchen window opened out onto the street on which he lived. Vladimir looked out the kitchen window and saw Andrea standing on the footpath outside his house. She was dialling a mobile phone. Vladimir’s house phone rang. He answered it. He heard Andrea say “I hope you will reconsider my offer,” and then the call ended. When Vladimir looked out the window again, but Andrea was gone.

At 7.15 pm on the evening of 12 June, the same flower-delivery service attempted to deliver another dozen roses to Vladimir’s home. Vladimir, somewhat shaken, did not open the door. The delivery service left the roses on Vladimir’s doorstep and drove off. Vladimir went to his kitchen window and looked out. He saw Andrea standing on the footpath outside his house. She was dialling a mobile phone. Vladimir’s house phone rang. He answered it, all the while keeping his eye on Andrea. He heard Andrea say “Duck!” and then he saw her throw a brick at his kitchen window. The brick struck the window about 150 cms from Vladimir’s head, but shards of glass where shattered in his direction. One cut his carotid artery and others lacerated his forehead and pierced his right eye.

Largely blinded by the wound to his eye and the blood pouring from his forehead, Vladimir ran from his house, seeking help. Clutching his throat, he careened out onto the road and was struck by a bus. The impact killed him, though an autopsy indicated that he would have died from loss of blood in another 30 minutes had the glass-wounds to his head and throat not been treated.

Assume that the facts as stated above can all be proved. Discuss whether or not Andrea committed an offence under each of the following sections of the WA Criminal Code: ss. 279, 280, 281, 297, 304, 313, 317, 338A, and 338E.

You are not required to discuss the sections of the Criminal Code in the numerical order that I have listed them above. Arrange your discussion of them in an order that flows logically. However, your discussion of each section of the Criminal Code must have its own heading. That heading is to consist solely of the section number of the Code being discussed.

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ASSIGNMENT INSTRUCTIONS

Assessment Criteria

(1) Accuracy and completeness of analysis: You will need to have spotted the important issues, and to have correctly applied the law to the relevant facts for each issue. Where the full understanding of a section of the Criminal Code requires a discussion of case-law or legal commentary, you will need to have cited appropriate legal authority and to have done so in accordance with the rules for legal citation found in the Australian Guide to Legal Citation Guide.

(2) Clarity of communication: Will be awarded for the clarity of your writing. Clarity of communication will be marked on the following scale:

Standard	mark
A model of plain English; crystal clear.	10
Reads smoothly, but didn’t dazzle with me its clarity.	7
A bit clunky at times, but I could follow it without difficulty.	6
Slow going, but always intelligible & (mostly) grammatical.	5
Cumbersome; occasionally unintelligible or badly ungrammatical.	4
Portions are so badly written as to make me shake my head in wonder.	2
Frequently unintelligible or ungrammatical.	0

Strict word limit

The Assignment is strictly limited to a maximum of 1,500 words. You will find that the scope of the problem set is such that you will need to refine and hone the structure and expression of your answer in order to deal with it adequately within the word limit.

In calculating the actual word count of your assignment, include headings and footnotes but don’t count any separate Reference List that you may choose to include, or the coversheet. (A Reference List may be attached as an appendix to your assignment. A Reference List gives the full bibliographical details for the sources you cite in your assignment. Where appropriate, it would include separate lists of Cases Cited and Legislation Cited. It should not include any comment on those sources.)

Presentation

The assignment is an exercise in formal legal writing. In addition to being brilliantly incisive and beautifully written, it should conform to appropriate standards of presentation. Students are warned that if their assignment is not easy to read this fact will not only lead to penalties for poor presentation but it is likely that the assessment of the assignment’s content will also suffer.

Typing

Assignments should be typed on white A4 paper in 12 point Times New Roman font. Lines should be single-spaced. Leave a line (or a 12-point space) between paragraphs and a space of 6 points after headings. Left and right margins should be set at no less than 2.5 cms.

Page numbers

You must number the pages of your assignment.