1. LLB107 Research Memorandum Sem 2 2019 PDF

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Summary

Task Sheet including information on the assignment...

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J T - IRAMISU

On Friday 23 August 2019, Sim and Fela Sanderson celebrated their 10th wedding anniversary in the same fashion that they had celebrated their anniversary every previous year. They proceeded down to River Quay Green, which is the grassy area near Stokehouse and Popolo restaurants in Southbank Brisbane. Sim fancied himself as an amateur cook, so he had made up a picnic basket of amazing food that he and Fela could eat during the afternoon hours of 23 August. The basket included gourmet sandwiches, two cans of soft drink and Sim’s signature dessert…a Queenslander Tiramisu.

Fela watched Sim closely as he prepared the dessert (on the morning of 23 August), knowing that he was a big fan of including alcohol in his desserts. The Queenslander Tiramisu was no different. After Sim had cut the sponge to size, he produced a special bottle of commemorative Bundaberg Rum (Johnathan Thurston edition) and poured it over the sponge to soak. Fela was shocked as to just how much rum was added to the sponge. Sim commented that, ‘they would need a straw to finish off the dessert’.

After spending several hours at River Quay Green that afternoon, most of the sandwiches and all of the tiramisu was gone. Fela threw some sandwich crusts on the ground, saying to Sim, ‘the birds will enjoy eating those up’. The two continued to lie on the grass, on top of some beach towels, drifting in and out of a very content after lunch sleep. At approximately 3pm, Sim woke up and decided to put the final touch on his romantic day out. Whilst Fela was still asleep, Sim walked up to the concrete bike path behind the River Quay Green and produced some chalk from his pocket. He wrote in big letters on the footpath ‘Fela, I love you like I love Rugby League…Sim’.

Soon afterwards, Fela woke up, and Sim walked her over to the message he had left on the bike path. Fela was delighted to see the message, even though her loving bond with Sim had been compared to a ball sport. The pair walked back down to their beach towels on the grass and sat back down. Shortly afterwards, they were interrupted by an official looking man with a clipboard. The man was a “Clean Queensland” Officer employed by the Queensland State

Government. He was very quick to show both Sim and Fela his identification, attached to an official Queensland Government lanyard. He demanded to know their names and addresses and warned them that they would be prosecuted for breaches of sections 5, 6 and 7 of the Public Places (Safe and Clean Cities) Act 2019 (Qld). He said to Fela and Sim, ‘I can smell the alcohol on your breaths – Is that rum? And those chucked away crusts are appalling! Pick them up before you leave. As if we don’t have enough problems with ibis around here.’

Within his clipboard, the meticulous Clean Queensland Officer carried a copy of the Public Places (Safe and Clean Cities) Act 2019 (Qld). In addition, he also carried a copy of the explanatory speech given by the relevant Minister when introducing the Public Places (Safe and Clean Cities) Bill 2019 (Qld) to the Queensland Parliament. An extract from the explanatory speech reads as follows:

This proposed new Act will mean that our parks will be free of drunken, destructive louts and their discarded beer bottles, spray paint cans and chip packets. You and I will be able to enjoy quiet times in the park with our friends and families without our ears being assaulted by offensive language, and our eyes and wallets by technicolour spray paint slogans that cost a fortune to remove.

After the officer left, Sim and Fela had a good laugh to themselves. ‘What an officious twat he was’ remarked Fela, which caused them both to double over with laughter. Due to all of their laughing, Sim and Fela forgot to pick up the remaining breadcrumbs. They packed up their towels and picnic set and walked home to their inner-city apartment. As part of a sweep of the River City Quay several hours later, the Clean Queensland Officer noted the fact that Fela had not picked up the breadcrumbs.

The next day, Sim and Fela booked an appointment to see a partner of the law firm Duffy Stephenson Litt. They were concerned about their potential liability under the Public Places (Safe and Clean Cities) Act 2019 (Qld). You are a junior solicitor at Duffy Stephenson Litt, and the partner has asked you to attend the meeting, so that you can begin drafting a memorandum of advice. At the meeting, Sim and Fela tell you the full story and ask for your legal advice as to whether their actions may have breached sections 5, 6 and 7 of the Public Places (Safe and Clean Cities) Act 2019 (Qld).

Provide a memorandum of advice to give to your partner, using the template provided. In this memorandum, you are expected to advise Sim and Fela, separately, of any potential liability they may have under the Act and the consequential penalties. Your memorandum should be structured in the same way that we have approached statutory interpretation questions in the LLB107 tutorial program. There is no need to consider any other legislation aside from the Public Places (Safe and Clean Cities) Act 2019 (Qld), the Acts Interpretation Act 1954 (Qld), the Penalties and Sentences Act 1992 (Qld) and the Penalties and Sentences Regulation 2015 (Qld).

[TOTAL: 40 Marks]...