Liability For Murder Committed During Resisting Arrest, Nsw

2199 words - 9 pages

Assume the following facts are true and can be proved: Two bikie gangs are fighting over territory. The stakes are high; whoever controls access to the area also controls the drug trade and will make lots of money. The disputes between the groups (known as the Power Pedal Pushers or ‘Power’ and the Badlands Bicycle Crew or ‘Badlands’ – of course when we say ‘bikie’ we mean those dreaded and notorious push bike riders) have lead to violence. Toni is a heavy with ‘Power’. At the last rumble she was seen to fight with Carlos from Badlands. In order to gain the advantage, Toni brought her knee up, hard, into Carlos’ testicles causing him severe pain. Toni then knocked him to the ground.The next day the ‘Power’ received a large delivery of drugs. The drugs were delivered by Toni who collected them from the importer and took them to the local McDonalds where she delivered the drugs to Power bicycle couriers for distribution. Police heard about it and intended to conduct a raid but were late; they arrived some minutes after the Power couriers had collected the drugs and left the scene. Toni drew her gun and fired into the air in order to scare the police. Unfortunately the bullet hit a metal pole bounced off and hit Mary, an innocent bystander, who was waiting in her car in the McDonalds drive through queue. Mary was killed instantly. Expert evidence will show that the bullet hit the pole at a point about 12 metres above the ground. Toni is charged with:1. The "Indecent assault" of Carlos contrary to the Crimes Act 19002. The "Use or possession of weapon to resist arrest" contrary to the Crimes Act 19003. The murder of Mary contrary to the Crimes Act 1900Discuss Toni’s liability for the first, second and third allegations.It is fundamental to criminal responsibility that there be a guilty intention as well as a guilty act. Toni’s problem is that her intentions are not exactly clear. In the absence of clear intentions, the wording of the Crimes Act has the effect of imputing an intention to a person. The Minister’s second reading speech concerning gang related crime indicates that a criminal intent can be inferred from an even broader set of facts.The starting point has to be SECT 33A of the CRIMES ACT 1900 (“The Act”)- Discharging firearm etc with intent...(2) Intent to resist arrest etcA person who:(a) discharges any firearm or other loaded arms, or(b) attempts to discharge any firearm or other loaded arms,with intent to resist or prevent his or her (or another person’s) lawful arrest or detention is guilty of an offence.Maximum penalty: Imprisonment for 25 years.Is Toni’s action of shooting into the air to “scare police” an intention to resist or prevent her arrest? The police had intended to raid and arrest the gang. Toni saw a group of police and she might have understood that they were not there just to eat hamburgers. It would seem that scared...

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