PART A: Problem Question
(30 marks)
Part A should be max. 1250 words.
Mike is a university student who works two part-time jobs to help support his elderly grandfather, who lives in an assisted living facility. He feels like he “owes him” as his grandfather raised him.
Mike has a long-time friend Trent who has been trying to convince Mike that he should quit university, as he would make more money working with him. It is unclear what Trent does for work, but Mike suspects it is something that “is not quite right”.
One of Mike’s part time jobs is being a teller at a bank. Mike hates working there as the manager is a bully who makes Mike and other tellers do his tasks for him, and Mike is convinced that he should be paid more for the work he does.
One Friday evening Trent meets Mike at the University bar for drinks. Trent tries again to convince Mike to come work with him. Mike again refuses. Trent seems to give up and suggests they go hang out at Mike’s apartment. After a couple of hours of watching TV, Trent decides to leave but before going asks if he can leave a small package with Mike for a couple of weeks. Mike is hesitant but agrees. Trent tells Mike that the wrapped parcel would be best kept in the oven to hide it for safekeeping, knowing that Mike does not cook.
A couple of weeks later, Trent returns to visit Mike. Trent appears aggressive and pushes his way into the apartment. Trent then tells Mike that he needs to help him out with something otherwise “bad things will happen”. Mike asks if everything is okay and what Trent means by “bad things will happen”. Trent laughs hysterically and says “oh, I’m fine nothing bad will happen to me. Your girl, on the other hand, should be worried, since you think you’re all fancy and better than me studying law at Uni and won’t join me”.
Mike is initially confused about the “your girl” comment as he is currently single, but then realises Trent is referring to one of his classmates who he studies with regularly at the university library. Mike is unsettled at the thought that Trent has been watching him.
Mike tries to talk to Trent reminding him that they are old friends and asks where this aggression is coming from. Trent then says, “he doesn’t care about friends” and that Mike has to “cooperate or be ready to face the consequences.”
Trent then tells Mike to “grab some cash” from the bank he works at.
Mike does not want to, but he fears for his classmate’s safety.Over the next couple of weeks, he observes the activity in the bank. He notices that one of the ATMs in the branch is “out of order” awaiting repair. The manager mentions that the ATM is letting out lots of money because the security system “has a bug”.
Mike stays back after work one night and accesses the faulty ATM to withdraw $20,000.
The next day, Mike is “freaking out” and goes to visit his grandfather. He takes $1000 of the $20 000 he got from the bank, as a gift for his grandfather. Mike also bought himself a new laptop for $1500 to help with his studies. His grandfather asks where he got so much money from. Mike tells him that it was a bonus from work, that they are paying back money they owe him for doing the manager’s boring administrative tasks. Mike decides that he is going to convince Trent to let him return the money to the bank.
The day after visiting his grandfather, Mike messages him to say that the $1000 is not entirely legal and not to tell anyone where he got it from.
A week later, on a tip-off, the police visit Mike’s apartment and search it (note: the warrant and search are legal). They find $17,500 in cash and whilst conducting the search also discover in the oven the package that contains 50g of cocaine.
The police track down the missing $1000 cash to Mike’s grandfather.
Referring to unit materials answer the following:
a)Consider the criminal liability of Mike in relation to the cash, and any relevant defences.(15 marks)
b)Consider the criminal liability of Mike in relation to the cocaine.(10 marks)
c)Consider the criminal liability of Mike’s grandfather in relation to the $1000.(5 marks)
PART B
: Critical Reflection (15 marks)
Part B should be max. 750 words.
The experiences of Aboriginal and Torres Strait Islander peoples with the criminal justice system are complex. The complexities are shaped by the historical and political context of our legal system. Referring to the study materials covered in this unit, critically reflect onthe relationship between Aboriginal and Torres Strait Islander peoplesand the criminal law in Australia by focusing on one or more relevant key issues.
In doing so, consider the impact which the relevant study materials have had on shaping your understanding of how Aboriginal and Torres Strait Islander peoples are treated in the Australian criminal justice system. Use the following questions as prompts:
·Did the content of the study materials tie in with your pre-existing knowledge?
·Did the above content challenge the way you think, or did it affirm what you already knew?
·What are, in your view, the most important issues relating to the treatment of Aboriginal and Torres Strait Islander peoples by the criminal law system in Australia? Explain your view.
·Do you have any suggestions about how to improve the current situation?
Your answer should not be limited to only addressing the above prompts, which are just a guide.