Renmin University of China Criminal Law Australia Discussion

Paper instructions : Daryn has recently been released from prison and is

struggling to return to normal life. On a Thursday afternoon a few

months after his release, he decides that he has no other option than to

return to his old life of crime. He makes up his mind to rob a

jewellery store in his local neighbourhood. In preparation for doing so,

he calls his old friend Adam, who lives nearby, whom he hasn’t seen for

the past three years while he has been in prison. When Adam answers the

phone, after some brief small talk, Daryn tells him his plan and asks

Adam to join him. When Adam says that he’s trying to stay clean, Daryn

becomes aggressive, saying: ‘Look mate, I really need your help. If you

don’t come with me I’m going to have to come around to your place later

this arvo and really rough you up. You know I mean it.’ Adam knows that

Daryn has spent time in prison for multiple serious assaults, so he is

terrified. However, he responds: ‘I really can’t do that mate, I

promised my wife I’d stay on the straight and narrow.’ Daryn decides

that Adam will keep, but he intends to go around that evening and carry

out his threat.

Daryn locates an old shotgun that he has

hidden on his property. He’s not sure if it still works properly, but he

cleans it and loads it with bullets. He intends to use the gun to

threaten the shop assistant and get her to hand over some cash and

jewellery. He then drives to the jewellery store and carries out his

plan. He sits outside, waiting until the store is empty of customers.

Once he sees that there are no customers, he quickly walks in, carrying

his shotgun in a duffle bag and pulling a bandana over his face so that

he can’t be recognised on the CCTV. As he enters the shop, he pulls out

the gun and points it at the shop assistant, throwing the bag at her and

saying: ‘fill this with that gold jewellery there and whatever cash you

have.’ Completely terrified, the shop assistant begins to fill the bag

with the jewellery. However, when she goes to the cash register, she

bends down suddenly and Daryn becomes agitated, not knowing what she is

doing. In a moment of panic, he fires the gun towards the ceiling above

her head. The bullet strikes a large chandelier hanging above the cash

register, which comes loose and falls on her head, killing her

instantly.

At this point, Daryn grabs the duffle bag

containing the jewellery and runs out of the shop. As he does so, he

collides with a police officer who is walking down the street at the

time. The police officer is knocked into a parked car on the street,

sustaining minor bruising to his thigh and back, but is otherwise

unharmed. The police officer, realising what is happening, apprehends

Daryn and tells him that he is under arrest for armed robbery. Upon

becoming aware of all the facts, the police officer then considers

whether any further charges are appropriate in the circumstances.

Analyse the criminal liability of Daryn in both NSW and Queensland for offences relating to unlawful killing and assault (only).

In each case, analyse the criminal liability:

(i)

identifying the specific offences (relating to unlawful killing and

assault) with which Daryn could be charged in each jurisdiction;

(ii) advising of the likelihood of successful prosecution, assuming the facts as outlined above are proven; and

(iii) commenting on any differences resulting from whether the events occurred in NSW or Queensland.