LAW00001: Walter is a Burglar and He Robs Private Homes: Foundation Law Assignment, SUT, Australia

Students who successfully complete this task should be able to:

1. Analyse the role of criminal law in society and the rights and obligations of the individual.
2. Analyse an individual’s civil rights and responsibilities and the avenues available to redress problems, including identifying the essential elements of Tort Law, and the individual remedies available thereunder.
3. Identify the essential elements of a simple contract and the remedies available for the breach of contractual rights.

Assessment Task Requirement:

FACTS

Walter is a burglar and he robs private homes. That day, he enters into Helena’s home and grabs her expensive jewellery that is worth $1m. He hears someone entering the house and, in a panic, rushes downstairs to exit through the front door. In his hurry, he accidentally pushes Helena to the ground. She hits her head on the ground and requires an urgent operation to remove the blood clot that has formed in her skull. She sustains severe brain damage and requires 24-hour care. She wishes to make a negligence claim against Walter.

Thanks to CCTV cameras, Walter has been arrested and has been charged with theft under s72. The relevant sections are listed below:

The basic definition of theft

• A person steals if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.
• A person who steals is guilty of theft, and “thief” shall be construed accordingly.

CRIMES ACT 1958 – SECT 74

Theft

• A person guilty of theft is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum).

PART I – CRIMINAL LAW

1. Before which Court will this matter be heard?

As part of your answer you must identify (you must provide an explanation for your choice) if it is:

• indictable offence
• indictable offence heard summarily
• summary offence.

Identify the monetary jurisdictions of the court.

2. When the police searched Walter’s premises, they found Helena’s jewellery and an image of him is captured on Helena’s home surveillance.

Should Walter plead guilty or not guilty? You must provide a reason for your answer.

3. Depending on your answer to question 2, what is the court procedure that is to be followed in relation to Walter’s criminal trial? You may use a diagram when answering this question.

4. When Walter was interviewed by the police, he denied he carried out the burglary. The police told him that they did not need his confession as they had enough evidence to charge him (namely video footage) but if he did not confess, they would make sure he went to Barwon Prison, a high-security prison, where he would be the target of a brutal prison gang. Walter confesses. He does so, not because of the police threat but because of the video footage that has captured his image.

Can the confession be admitted into court?

5. Did the police have grounds to detained Walter and question him.  You must provide reasons for your answer.

6. Would Walter be granted bail?

If you determine that he will be granted bail, then on what conditions? You must provide reasons for your answers.

7. Walter is a habitual drug user. Walter’s criminal case? His drug of choice is cocaine. Is this relevant to

8. The judge hearing Walter’s case sentences him to 10 years imprisonment. Walter appeal the sentence and what are the risks if he does?

9. Let’s assume this matter went to a committal hearing.

Would the magistrate send this matter for hearing in a higher Court? You need to state the test the Magistrate would use and apply it to the facts on Walter’s case.

10. Who has the burden of proof? What is the standard of proof?

PART II – CIVIL LAW

1. Who has the burden of proof? What is the standard of proof?
2. Given her medical condition, Helena is unable to bring an action against Walter. Who would bring the action on her behalf? Who would look after any money she receives?
3. Which is better, for the case to be heard by a judge, or by a judge and jury? You must explain why.
4. What remedies would Helena claim from Walter?
5. Which Court would this matter be heard before? You must explain why it cannot be heard in other courts.
6. What is the name of the document she must file with the court to commence her legal action against Walter? What must be stated in that document?
7. Can she make a claim under the Crimes Compensation Assistance Act 1996 (Vic)? You must provide reasons for your answer.
8. What is the benefit of having compulsory settlement conferences?

PART III – CONTRACT LAW

Draft a contract on relation to the purchase of a lounge suite of your choice. You may use an image in this task.

• The names of the parties and their addresses.
• Each party’s obligations.
• Each party’s’ rights.
• What happens if either party does not fulfil their terms of the contract.
• Swearing clause.