Alec was an actor and producer in a small, independent film. He had a scene coming up where he had to shoot an actor, Miranda. He organised a professional shooter to come to the film set t
Alec was an actor and producer in a small, independent film. He had a scene coming up
where he had to shoot an actor, Miranda. He organised a professional shooter to come to
the film set to give him and other cast members a lesson in shooting. They practiced
shooting targets with live ammunition. Alec pulled out some of the props and put them next
to the real weapons. The prop weapons looked very realistic and it was difficult to tell them
apart. The practice stopped for lunch.
During lunch, Alec grabbed a weapon from the table and went to Miranda’s caravan to
rehearse the scene. He mainly wanted to work on her reactions to being shot. They
practiced fighting over the gun for the scene and Alec pulled the trigger. He had not realised
that he had grabbed a real gun instead of a prop. He shot Miranda on her right shoulder.
Alec felt whoozy at the sight of blood and panicked. He ran to his caravan and shut the door.
He practiced his breathing exercises to calm down. He then called his agent in a panic.
Alec said, ‘Oh my god. I think I killed her. I shot her. It was a real gun. There were real
bullets. Oh god, oh god.’
The agent tried to calm Alec down and get more details. It took a while for the agent to
realise that Alec had left Miranda injured and alone. The agent promised to look after it all.
Alec assumed that this meant that the agent would call for help. Alec took a Valium and
passed out on his couch.
In fact, the agent did not call for help. The agent was distracted by a really famous person
calling for attention and forgot all about it.
Alec woke up three hours later when the camera person, Coco, banged on his caravan door
warning that they were about to start filming.
Alec said, ‘Oh. Is filming going ahead? Does that mean Miranda is okay? Oh what a relief.’
When Coco said that she didn’t know what Alec was talking about, Alec panicked. He ran to
Miranda’s caravan. Miranda was lying in a pool of blood. Alec was afraid to touch her and
almost passed out because of the blood. Coco saw the blood and called for an ambulance.
She then drew on some first aid training and put pressure on the wound to stop the
bleeding.
An ambulance arrived 50 minutes later. Miranda died on the way to the hospital. There was
evidence that if medical treatment had been provided earlier she would not have died.
Discuss Alec’s liability for homicide.
instructions:
scenario take place in NSW, and
therefore the relevant law that will apply is
NSW legislation, including the Crimes Act
1900 (NSW) and applicable case law.
Following the introduction, assess the defendant’s
liability for the offence of murder. then consider whether the
defendant will raise any partial defences (if the facts raise a partial
defence), which may result in the conviction being reduced to voluntary
manslaughter. assess whether, on the chance that the
prosecution is unsuccessful in proving murder, the prosecution will be
able to prove (an) alternative homicide charge(s).
Do not consider offences or defences outside this list.
Introduction
Address: Appropriate charges,
any partial defences raised,
sources of these, applicable
burdens and standards of proof
Charge 1 [Specify]
Elements of Charge 1
Analyse each element
separately, applying the law to
the fact, using headings:
Actus reus elements
(remember to characterise the
act and always address
voluntariness)
Mens rea elements
Temporal coincidence (Actus
reus/mens rea at the same
time)
Mini conclusion
Partial Defence 1
Analyse each element in turn,
by applying the law to the facts
Mini conclusion
Repeat analysis of defence or
offence as necessary
Note that your answer will have
to be adapted to the elements of
the offence/defence under
consideration
Overall Conclusion
Based on your reasoning, will the
defendant be convicted? Of
which offence(s)? Will any
defence(s) be successful? What
is the result?
this is my required task please help me with it. my teacher said the word limit is 2000.
please help me answering the task and i will try changing it into my own words
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