Criminal liability

Criminal liability

CASES

Tony Ahbut and Kim Shortman were political adversaries but, unbeknownst to the general public, were also good friends. Every Saturday afternoon, they would go for a 5 kilometre swim and a 10 kilometre bike ride before heading off for the gym for a bit of a ‘friendly’ three round boxing match. Their mutual friend Joe Hackney, the gym manager, would referee their match and determine the winner of the match based on points. Tony usually won, but on this particular Saturday afternoon, Kim was getting the better of him, making more contact and accumulating more points. Towards the end of the third round, Tony said to Kim, ‘Oh, look Kim, your mum’s here’. Kim turned to look in the direction Tony had indicated and Tony landed a huge punch to the right side of Kim’s face, giving him a big bruise on his right cheek.
Kim was furious at having been tricked in this manner, so he planned to get his revenge the following Saturday. He secretly loosened the seat of Tony’s bike so that it would come off when he was riding. The seat did indeed come off as the two men were coasting down a hill at a speed of about 60 kilometres per hour. As a result of the seat coming off, Tony lost control of his bike, swerved to the opposite side of the road and into the path of an oncoming Big Mack truck.
Tony’s extremely tough constitution saved him from instant death when he hit the front grill of the Big Mack truck, but he had a number of internal injuries and was in a critical condition, so had to be rushed to hospital by ambulance. At the hospital, a doctor recognised Tony from his role in political life. Deciding that he didn’t care much for Tony’s policies, and that Tony was probably ‘done for’ anyway, the doctor treated a patient with less severe injuries (deep cuts from a ‘glassing’ to the face which required stitches) first. It took about 30 minutes to treat the other patient and to get around to treating Tony, but by then it was too late and Tony was pronounced brain dead due to massive internal bleeding and a resulting lack of blood (and therefore oxygen) to the brain.
Kim had attended the hospital with Tony in the ambulance and had waited with Tony while the doctor was treating the other patient. He learned the news of Tony’s brain death from a couple of detectives who had attended the hospital and said to Kim they wanted him to accompany them to the police station where they wanted to ask him ‘a few questions’ about the incident. Kim’s guilty conscience caused him to run for the hospital exit. One of the detectives tried to grab him but Kim pushed him to one side. Another hospital patient was standing just outside the hospital exit having a smoke and Kim pushed him out of the way so the poor fellow broke his wrist trying to break his fall.

Discuss the criminal liability of Tony and of Kim. (Do not discuss any criminal liability of the doctor).

ONLY USING WESTERN AUSTRALIA (WA) AND QUEENSLAND CRIMINAL CODE AND CASES

in your assignment you should give the citation for cases (in a footnote) and you should at least refer to the criminal code once (you will note in the workshop answer I have not). You can do this by having a sentence at the beginning of your assignment along the lines of ‘All references to sections in this Assignment are references to the Criminal Code unless otherwise indicated’ – saves you having to write Criminal Code every time.
You might want to also include an introductory paragraph along the lines ‘In this case, Tony could be found liable for the offence(s) of…. and Kim could be found liable for the offence(s) of …..’ just to flag the main points, and perhaps have a concluding paragraph saying more or less the same thing after discussing the individual offences in detail – just helps to ‘bookend’ the whole thing.
Remember, the most important thing is to discuss all the elements and apply the facts to them and draw a conclusion on each one, even if an element doesn’t appear to be much of an issue.
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