Criminal Law Take Home Exam (1 Viewer)

[iwannarock]

this is just a pre-emptive "aaaaaaaaaah i need help with this stupid question" thread.

i haven't done the reading since the first assignment.

its gonna be a looooooooooooooooong weekend.

 

[MaryJane]

I freaked out when I saw this - I thought it was out already!

I'm in the same boat as you re: readings. Havent done any all semester except those assigned to me to present to the class. Oh well... hopefully when I read it it will all just click!

I heard it was on arrest, so its all common law too which will make it even worse

See you 10am tomorrow?

Oh, and is it due on Monday?

 

[scarecrow_of_oz]

hello my pretties
good to see u online already!
mj i think its due monday at 5
also do either of u have that tutor who gets everyone to make a summary of their assigned readings and then compiles them and photocopies them for the class? cause that's wat i'm counting on to get me out of this one i'm gonna pick them up and photocopy them from a friend- i haven't done the readings either - just starting on drugs now - although we can skip most of the theoretical critiquey stuff which should save us alot of time - since the exam is meant to be a cut and dry apply the law type of thing.

 

[scarecrow_of_oz]

actually screw it - i don't think i'll bother picking them up from her - it'd probably be quicker and more effective to just skim the readings - just skipping to the relevant legislation and common law. and can always google it - there are often good summaries of the present law online that are a tad less confusing than the text

 

[MaryJane]

I have summaries that my class has done because we all had to prepare a class presentation.

Just wanted to clear this up to make sure I have my head screwed on correctly:

Both charges will be drug charges? So with the first original charge, its just possession and we need to go through all the elements like He Kaw Teh, right?

The second charge is of supply I suppose, but supply under s. 40 of the Drugs Misuse and Trafficking Act (because she was using flour).

But with the second issue there are issues re: unlawful detention and things like that because she was held over the 4 hour period? Is that right? And then there are also other possible issues because, well, was she ever arrested for the second crime? Or does one arrest cover all the other charges? I'm so confused because there was a case like this but I cant find it or remember what it was called.

Gah!

 

[scarecrow_of_oz]

i haven't got the q yet sorry hopefully they'll upload it soon
sorry mj could u just tell me wat it basically is so i know wat i'm looking at till then? like is the person underage? and was just in possession of flour?

 

[MaryJane]

Its on the website now: http://online.mq.edu.au/pub/LAWCLP/admin/sem2_206414_examination.htm

She's not underage, dont know whether the people she's "selling" the flour are minors.

basically she had amphetamines in her house which is the initial charge. they bring her down to the station and just as they are about to release her on bail they get more information relating to another matter (the flour) and so hold her overnight in a cell. You have to go through what she will be charged with and possible defences.

 

[scarecrow_of_oz]

thanks hon it wasn't there b4 must've just gone up i'll have a look at it now

 

[MaryJane]

Is there an order to this?

As in, she will obviously try and prove that the statement is inadmissible, right? So if she does that, does she also have to prove that the other charges are false? Or is that it?

I'm just trying to work out a structure for this stupid thing. I know what I want to say, but I dont know which order to put it in. Do you go through rebutting the charges of possession and supply first, or do you address the admissibility? I was under the impression that if you manage to prove a confession is inadmissible, then thats it: end of case. But then thats stupid because they are going to want us to address the issues of mens rea etc, right?

 

[scarecrow_of_oz]

i haven't actually done all the readings yet - still forging my way through drug offences... but i think i'm gonna talk about the substantive, procedural and evidentiary issues under different sections... and maybe say it's likely (if it is) the confession will not be admitted....but if it was... that's what i generally do if i get something that kills the point of my essay - i acknowledge in that section and in my conclusion that likely is the case will be dismissed because of it but still write the essay assuming the outcome is undecided and stuffing in all relevant issues

 

[iwannarock]

ok i've read the question.

i havent done any of the readings so my answer so far would be something like this;

kylie has drugs.........therefore she might go to jail.

i'm hoping to be able to turn that into 2200 words by the end of this weekend.

its time to hit those books. even though i said that at around 1pm today. i'm sure i'll get to them.

 

[scarecrow_of_oz]

you could just add 'screw flanders' to it 1094 times

 

[scarecrow_of_oz]

is the customs act at all relevant? cause i know the drugs trafficking act deals with drug supply more specifically, but the customs act include those 'who have in possession prohibited imports which have been imported into Australia in breach of the Act' - could that be the case here? (given so many drugs are imports) or do u think it's not relevant?

 

[scarecrow_of_oz]

this site is HOT: http://www.criminallawsurvivalkit.com.au/Crime.html#7/. Drug Offences

 

[scarecrow_of_oz]

oh crap - this question involves the stolen property process (fraud) doesn't it!! crap crap i thought they weren't going to do that!

 

[MaryJane]

Gah, does it?! Where is fraud?!

No, no customs. Apparently Anne said to one of my friends that its only state legislation, so only DMTA.

Fuck I hate this... So... yeah. Just thought I'd share the hatred. So many interconnected issues, I dont know where to start!

Actually, thats a lie. I do know where to start: drugs. But its crap. All crap. Want to watch TV.

 

[MaryJane]

P.S. Scarecrow baby, I love you! That website is a beautiful, beautiful piece of work, ta!

 

[iwannarock]

well i haven't done the reading. stupid tv.

but that site scarecrow............you're my new hero. we all owe you for that one.

i guess i'll do the reading tomorrow.

i hope zada holds up her end of the bargain in her "i don't fail people" comment.

 

[scarecrow_of_oz]

hehe no worries guys glad u found it helpful i reckon it's heaps clearer than the book (since it only has current stuff)
are u planning on saying anything about forfeiture and confiscation legislation?
just finished the drugs readings (yay!)
just a million more pages to read and then i can start writing the essay!

 

[MaryJane]

...Where is the forfeiture? I'm totally confused!!