Criminal Law in Western Australia - Math Problem Example

Assignment for Criminal Law in Western Australia Fact Tony While with Kim in a boxing match, he lied to Kim that his mother was there so as to distract him from the game. As a result, Kim turned and got distracted. Tony then punched him on the face and gave him a big bruise on the right cheek. Kim He got furious at Tony’s trick and planned for a revenge the following Saturday. He did this by secretly loosening the seat of Tony’s bike to make it come off while riding. Consequently, Tony lost control of the bike, swerved to the opposite end of the road, and collided with an oncoming Big Mack truck. Tony got seriously injured as by the accident and he was later pronounced brain dead. Guilty of his act, he tried to escape the police who wanted to question him. While running, he pushed a patient standing by and caused him wrist injury. Issue According to the case, both Tony and Kim could be liable for specific criminal offences. To start with, Tony could be legally responsible for the offences assault and wounding under sections 313 and 301, respectively. On the other hand, Kim could liable for setting a dangerous thing under section 305 to revenge on Tony. Firstly, he could be liable for the offence under section 304 for causing body harm to Tony by loosening his bike seat. His actions lead to serious injury and brain death of Tony. Further, Kim could be liable under section 317 A (c) for knocking down a patient and injuring his wrist while escaping the police questioning. Rules All references to sections in this assignment are references to the Criminal Code unless otherwise indicated. There are certain provisions that address various criminal activities committed by individuals. First, section 301 of the code has provision for wounding and other related acts.1 This section states that any person that illegally wounds another, or illegally and with an intention of injuring or annoying any person, allows a poison or other harmful substance to be given to or taken by an individual; is liable for criminal activity as in the case of Moir v The State of Western Australia [2014] WASCA 25.2 This person is legally responsible provided the offence is committed under aggravated circumstances, to seven years of imprisonment. Such a person is also liable in any other situation to five years of imprisonment. Therefore, if the offence is aggravated, the individual is liable to a fine of $36,000 and three years of imprisonment. On contrast, under any other circumstance, a person is liable to & 24,000 fine and two years of imprisonment.3 In the case, Tony is liable for wounding under section 301 of the code. The elements established here are unlawful wounding, causation, intent, and person. Section 304 of the code also provides for an omission or act that causes bodily danger or harm to an individual. In a situation that a person neglects to do something within his duty, or illegally does anything, which causes bodily harm to someone, or endangers the health, life, or safety of an individual, the person is responsible for a crime and legally responsible for seven years’ imprisonment. This implies that the person liable to $36,000 fine and three years’ imprisonment. In the case, Kim is liable for an act that causes body harm to Tony under section 304. The elements established here are unlawful act, body harm or danger, person, and causation. This is because he unlawfully loosens Tony’s bike seat to cause body harm and endangered his life. Section 304 (2) also provides that if an individual has an intent of harming, omitting to do something within his duty or does anything that could cause bodily harm, or endanger health, safety, or life of another, the person is responsible for crime and could be jailed for 20 years.4 This is illustrated in the case of The State of Western Australia v Legge [2014] WASCA 47.5 Here, intent implies an intention to illegally harm one’s body; illegally endangering one’s health, safety, or life; and forcing one to deliver something to someone else. This also implies gaining one’s pecuniary, benefit, or otherwise; preventing or hindering an authorized person to do something; causing one a pecuniary, detriment or otherwise; and forcing an unauthorized person to do something. A good example of this case is Sinclair v The State of Western Australia [2014] WASCA 22.6 This section further proves Kim’s liability for causing body harm and endangering Tony’s life. Further, section 305 of the code provides for protection of individuals against dangerous things set by others. In this case, a dangerous thing entails device, article, thing, and substance that due to its nature (whether electrical, chemical, mechanical, electronic, or otherwise), situation, condition, and operation could endanger health, life, or safety of an individual. A set entails place and construct. Section 305(2) asserts that an individual willfully puts a dangerous thing when he does that with an intention of killing or causing severe bodily harm to another. This also applies when a person puts a dangerous thing with the knowledge and belief that whatever he does will kill or cause a serious bodily harm to another.7 In the case of Tony and Kim, Kim is liable for the offence under this section. The elements established here include bodily harm, intent, knowledge, person, and causation. Besides, section 305 (3) states that an individual who willingly places a dangerous thing is legally responsible of a crime and could be imprisoned for three years. In other words, conviction penalty is that one may be imprisoned for 12 months and $12,000 fine. Section 305 (4) provides that an individual who is aware that another person has placed a dangerous thing and fails to take any action to make it harmless is responsible for crime and may be get three years jailing. This also implies 12 years of prison and $12,000 fine.8 Section 305 (5) an individual is legally irresponsible under the section for omission or act regarding a dangerous thing put at a place at night in order to protect the occupants. In chapter xxx, section 313, there is a provision regarding the protection of individuals against common assault. Sub section 1 states that any individual that illegally assaults another is legally responsible simple offence and can be held accountable, if that offence happens in an aggravated manner or under racial aggravation, for three years imprisonment and a fine worth $36, 000. He is also liable to be jailed for 18 months and $18,000 of fine.9 Tony is liable for assault under the section for hitting Kim on the face. Here, the elements of unlawful assault, causation, bodily harm, and person are established. Section 317 provides for assault that could cause bodily harm. Sub section 1 explains that any individual that illegally assaults another and causes body injuries, and could face seven years of detention if the crime is aggravated or under racial aggravation. Otherwise, an individual is liable to 5 years of imprisonment, as in the case of Sinclair v The State of Western Australia [2014] WASCA 22.10 Section 317 A provides for assault with intent. It asserts that any person that assaults another with an intention of committing and facilitating the crime’s commission; or intentionally assaults another to inflict a serious body injury; or intentionally assaults another to prevent or resist the legal detention or arrest of the other; is a unlawful and can be jailed for seven years for aggravated case, or five years for another case.11 Under this section, Kim is liable for the offence by knocking down a patient as he tried to escape from the police. The elements evident here are unlawful assault, body injury, intent, person, and resisting detention. Conclusion From the case, necessary elements have been well established for each individual. Kim could be liable for wounding and assault under sections 313 and 301, respectively. Further, since Tony’s act is less aggravated, he can be jailed for five years or fined for $24,000. On the other hand, Kim could liable for setting a dangerous thing under section 305 to harm Tony. He is liable for the offence under section 304 for causing body harm to Tony by loosening his bike seat. His actions lead to serious injury and brain death of Tony. Further, Kim could be liable under section 317 A (c) for knocking down a patient and injuring his wrist while escaping the police questioning. In this case, Kim could be jailed for 12 years and $ 12,000 worth of fine. Since Tony’s injury was serious, Kim is likely to face 18 months imprisonment and $18,000 of fine. Works cited: Books David Lanham, Criminal Laws in Australia (Federation Press, 2006) 235. R. G. Kenny, An Introduction to Criminal Law in Queensland and Western Australia (LexisNexis Butterworths, 2008) 50. Statute Criminal Code Act Compilation Act 1913 (Western Australia). Cases Moir v The State of Western Australia [2014] WASCA 25 Sinclair v The State of Western Australia [2014] WASCA 22 The State of Western Australia v Legge [2014] WASCA 47 Read More