IRAC Templates- Criminal Law PDF

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IRAC TEMPLATES- CRIMINAL LAW MURDER Issue

Rule

The legal issue in this scenario involves whether ________ is liable for murder.  Specify issue of Intention/ Recklessness/ Causation Murder Definition “Murder is when a man of sound memory and of the age of discretion, unlawfully kills any reasonable creature in being and under the King’s peace, with malice aforethought either express of implied by the law, the death taking place within a year and a day” - Sir Edward Coke In order to succeed in a murder conviction, the prosecution must satisfy that; 1. The defendant committed the act. 2. The act was voluntary (Ugle, Shaeffer). 3. The act caused the death of the victim (Hennigan, Royall, Hallet). 4. The victim was human. 5. The defendant had the intention to kill or cause really serious injury, or was reckless as to the probability that death or really serious injury would occur (Crabbe).

Application

(Apply the facts)

Conclusion

State the answer- 1 sentence. Based on the preceding analysis, it is un/likely that the prosecution will succeed in the murder charge against _____.

MANSLAUGHTER by UNLAWFUL AND DANGEROUS ACT Issue

The legal issue in this scenario involves whether ________ is liable for manslaughter by unlawful and dangerous act.

Rule

Manslaughter by Unlawful and Dangerous Act Definition In order to succeed in a manslaughter conviction, the prosecution must satisfy that; 1. The defendant had the intention to perform and unlawful and dangerous act (Nguyen). 2. The act causing death must be itself unlawful (Wilson). 3. The act must be such that on an objective view it creates an appreciable risk of serious injury (Wilson; Larkin). 4. The act caused the death of the victim (Hennigan, Royall, Hallet).

Application

(Apply the facts)

Conclusion

State the answer- 1 sentence. Based on the preceding analysis, it is un/likely that the prosecution will succeed in the manslaughter charge against _____.

MANSLAUGHTER BY CRIMINAL NEGLIGENCE Issue

The legal issue in this scenario involves whether ________ is liable for manslaughter by criminal negligence.

Rule

Manslaughter by Criminal Negligence Definition In order to succeed in a manslaughter conviction, the prosecution must satisfy that; 1. The act must be a voluntary, conscious act (Nydam) 2. There must be a duty of care owed to the victim by the defendant (Russell; Instan). 3. There must have been gross negligence/ gross inadvertence to consequences/ gross departure from the standard of care (Nydam, Lavender, Taktak). 4. The negligence does not need to be unlawful.

Application

(Apply the facts)

Conclusion

State the answer- 1 sentence. Based on the preceding analysis, it is un/likely that the prosecution will succeed in the manslaughter charge against _____.

ASSAULT- COMMON LAW Issue Rule

The legal issue in this scenario involves whether ________ is liable for assault. Assault Definition

Application Conclusion

In order to succeed in a assault conviction, the prosecution must satisfy that; 1. There must be an application or threat of force; (Ingram; Smith McNamara) 2. The D must have intended (or was reckless) to cause apprehension of the imminent application of force; (Ingram; McNamara; Ryan and Kuhl; Westaway) 3. This force/threat of force must have been unlawful. (Rosza v Samuels). (Apply the facts) State the answer- 1 sentence. Based on the preceding analysis, it is un/likely that the prosecution will succeed in the assault charge against _____.

ASSAULT- STATUTORY Issue Rule

The legal issue in this scenario involves whether ________ is liable for statutory assault. Assault Definition

Application Conclusion

As per S31(1) of the Crimes Act 1958 (Vic), in order to succeed in an assault conviction, the prosecution must satisfy that; 1. There must be an injury or serious injury suffered; 2. The D must have caused the injury; 3. There is no lawful justification for the act; 4. The D intended (or was reckless) to cause injury or serious injury Including in circumstances of gross violence.  Serious injury intentionally in circumstances of gross violence- s15A of CA  Serious injury recklessly in circumstances of gross violence- s15B of CA  Serious injury intentionally- s16 of CA  Serious injury recklessly- s17 of CA  Injury intentionally or recklessly- s18 of CA  Threats to Kill- s20 of CA  Threats to inflict Serious Injury- s21 of CA (Apply the facts) State the answer- 1 sentence. Based on the preceding analysis, it is un/likely that the prosecution will succeed in the assault charge against _____.

SEXUAL OFFENCES

Issue

The legal issue in this scenario involves whether ________ is liable for rape/ sexual assault.

Rule

Rape As per s38 of the Crimes Act 1958 (Vic), in order to succeed in a rape conviction, the prosecution must satisfy that; 1. The D intentionally sexually penetrates the V; 2. The V does not consent to the penetration; and 3. The D does not reasonably believe that V consents to the penetration. Sexual Assault As per s40 of the Crimes Act 1958 (Vic), in order to succeed in a rape conviction, the prosecution must satisfy that; 1. A intentionally touches another person (B); and 2. The touching is sexual; and 3. B does not consent to the touching; and 4. A does not reasonably believe that B consents to the touching.

Application

(Apply the facts)

Conclusion

State the answer- 1 sentence. Based on the preceding analysis, it is un/likely that the prosecution will succeed in the rape/sexual assault charge against _____.

THEFT Issue

The legal issue in this scenario involves whether ________ is liable for theft/ obtaining property by deception/ obtaining financial advantage by deception of ______.

Rule

Theft As per s72 of the Crimes Act 1958 (Vic), in order to succeed in a theft conviction, the prosecution must satisfy that: 1. 2. 3. 4. 5.

The stolen entity must be property (s71(1) of CA); The property must belong to another person (s71(2) of CA); The D must have appropriated the property (s73(4) of CA); The D must have had a dishonest state of mind (s73(2) of CA); The D must have intended to permanently deprive another of the property (s73(12) of CA; Sharp v McCormick).

Obtaining Property by Deception As per s81 of the Crimes Act 1958 (Vic), the prosecution must prove; 1. The property belonged to another (s71(2) of CA); 2. The D obtained the property; 3. The D obtained the property by deception, as per defined in s81(4) of the Crimes Act 1958 (Vic); 4. The D must have intention of permanently depriving the owner; 5. The D must have had a dishonest state of mind; 6. The deception must be deliberate or reckless. Obtaining Financial Advantage by Deception As per s82 of the Crimes Act 1958 (Vic), the prosecution must prove; 1. The D must have gained financial advantage; 2. The D must have used deception (definition of deception as per s81 of CA); 3. The deception must be causally proximate to the obtaining; 4. The D must have known that there was a substantial risk of deception and financial advantage, or was reckless with conduct (Smith) Application

(Apply the facts)

Conclusion

State the answer- 1 sentence. Based on the preceding analysis, it is un/likely that the prosecution will succeed in the theft/ obtaining property by deception/ obtaining financial advantage by deception charge against _____.

BURGLARY Issue

The legal issue in this scenario involves whether ________ is liable for burglary.

Rule

Burglary As per s76 of the Crimes Act 1958 (Vic), in order to succeed in a burglary conviction, the prosecution must satisfy that; 1. 2. 3. 4.

The D must have entered a premises; The D must have been trespassing; The premises must have been a building or part of a building; The D must have had the intention to steal or commit an assault or damage. The D can also have been reckless as to enter the building as a trespasser.

Aggravated Burglary As per s77 of the Crimes Act 1958 (Vic), in order to succeed in a burglary conviction, the prosecution must satisfy that; 1. 2. 3. 4.

The D must have entered a premises; The D must have been trespassing; The premises must have been a building or part of a building; The D must have had the intention to steal or commit an assault or damage. The D can also have been reckless as to enter the building as a trespasser.

Additional elements 5. The D must have been in possession of weapon (definition of weapon as per s77(1A) of CA) 6. Knowledge of presence of persons/ reckless as to presence of persons (s77(1)(b) of CA) Application

(Apply the facts)

Conclusion

State the answer- 1 sentence. Based on the preceding analysis, it is un/likely that the prosecution will succeed in the burglary charge against _____.

ROBBERY Issue

The legal issue in this scenario involves whether ________ is liable for robbery.

Rule

Robbery As per s75 of the Crimes Act 1958 (Vic), in order to succeed in a robbery conviction, the prosecution must satisfy that; 1. The act must be a theft (all theft elements must be satisfied); 2. There must be a use of threat of force. 3. The D must have an intention to use force in order to steal; 4. The D must have intention of theft (where there was a dishonest intention to permanently deprive another). Armed Robbery As per s75A of the Crimes Act 1958 (Vic), in order to succeed in a armed robbery conviction, the prosecution must satisfy that; 1. The act must be a theft (all theft elements must be satisfied); 2. There must be a use of threat of force. 3. The D must have an intention to use force in order to steal; 4. The D must have intention of theft (where there was a dishonest intention to permanently deprive another). Additional Element 5. At the time of the robbery, the D must have had a firearm, imitation firearm, offensive weapon, explosive or imitation explosive (as defined in s77(1)).

Application

(Apply the facts)

Conclusion

State the answer- 1 sentence. Based on the preceding analysis, it is un/likely that the prosecution will succeed in the robbery charge against _____.

BLACKMAIL Issue

The legal issue in this scenario involves whether ________ is liable for blackmail.

Rule As per s87 of the Crimes Act 1958 (Vic), in order to succeed in a manslaughter conviction, the prosecution must satisfy that; 1. The D must have a view to gain a benefit, or an intent to cause loss to another, 2. The D must make a demand of another, 3. The demand must be unwarranted, 4. The demand must be with menaces (Thorne). Application

(Apply the facts)

Conclusion

State the answer- 1 sentence. Based on the preceding analysis, it is un/likely that the prosecution will succeed in the blackmail charge against _____....