Question 1 (20 Marks) You are working as a summer clerk with the NSW police prosecutors and have been asked to advise whether Oscar ought to be charged with any criminal offences and whether any defences may be raised. Clive is the owner of Clive’s Cleaning Company which employs over two hundred cleaners. Oscar is responsible for ordering the chemicals and collecting them from Spanos Sparkling Supplies in a Clive’s Cleaning Company van. Oscar negotiated a very good price for the chemicals from Spanos Sparkling Supplies, based on the high volume of chemicals purchased. Last week when Clive was reviewing the company’s accounts, he noticed that the amount of chemicals purchased in the previous year had increased by 30% even though the number of cleaning jobs had slightly decreased. That day, when Oscar arrived in the van with the month’s chemicals he had collected from Spanos Sparkling Supplies, Clive watched Oscar unload the chemicals, and close the door of the van. Clive noticed that there were still several boxes of chemicals in the van. Clive called out to Oscar to come and talk to him, but Oscar said he had to pick up his son from school, and said he would talk to Clive the next day. After Oscar had left, Clive checked the boxes which Oscar had unpacked against the order form, and noticed that 30% of the order was missing. The next day when Clive arrived, Oscar was decanting some of the chemicals into smaller containers for the cleaners to use. Clive asked Oscar where the missing boxes from the previous day were. Oscar told Clive that he had ordered some extra chemicals, but that he always paid the company back for the extra chemicals ordered in the company’s name. Clive walked towards Oscar with a clenched fist and said ‘I know you’ve been ripping the company off. You’re going to pay for this.’ Oscar poured some of the chemical on Clive’s hand, causing a chemical burn which resulted in severe blisters which lasted for three weeks. Clive called the police. That afternoon, the police found the missing chemicals at Oscar’s house. When the matter was investigated, it was discovered that during the last year, Oscar had regularly transferred money into Clive’s Cleaning Company account for the additional 30% of the chemicals that he had ordered. When interviewed by the police, Oscar said he sold the chemicals on ebay for a small profit. Oscar also said he didn’t think there was anything wrong with what he had done, because even though Clive’s Cleaning Company initially paid for the chemicals, Oscar always paid Clive’s Cleaning Company back within two months. When Oscar was interviewed by the police about the injury to Clive’s hand, he said he thought Clive was going to punch him, and in the heat of the moment, he thought the only way he could stop him was to splash the chemical on Clive’s hand, and that he thought it would only cause a temporary burning sensation, not severe blistering. Question 2 (25 Marks) You are acting as a summer clerk at the Director of Public Prosecutions and have been asked to advise whether Dauid ought to be charged with any offences committed against Eamon or Rafi and whether any defences may be raised. Dauid and Eamon were in a sexual relationship for two years, but Eamon ended the relationship a year ago. For six months after the end of the relationship, they were still good friends, and sometimes engaged in consensual sexual intercourse. Six months ago, Eamon told Dauid he was going on a date with Rafi the following week. Dauid asked Eamon if they could go on one last date together. They went to a restaurant where they consumed a bottle of wine each. They went back to Dauid’s place. Dauid said to Eamon, ‘Let’s do it one last time.’ They both started kissing and undressed each other, and had sexual intercourse. At first Eamon willingly participated, but after a few minutes, he tried to pulled away. Dauid was holding Eamon so tightly, Eamon was unable to pull away. Eamon punched Dauid, but Dauid did not let go of Eamon and continued to have sexual intercourse with him. After five minutes, Dauid let go of Eamon. Eamon dressed quickly and left the flat. Later he texted Dauid and said ‘Our friendship is over. You violated me. You knew I didn’t want any more when I was punching you, but you just kept on going.’ Dauid texted back ‘I would never violate you. I love you. You always punch me when we do it together. I didn’t know you didn’t want any more. I’m sorry.’ Dauid texted Eamon several times trying to arrange a time to meet up with him. After a couple of weeks, Eamon texted Dauid and said that he had started going out with Rafi, and that he wanted no more contact with Dauid. Dauid fell into a depression, and is seeing a counsellor to try to help him come to terms with the end of his relationship with Eamon. Last week, Rafi saw the text message exchange between Eamon and Dauid, and was furious with Dauid for what he had done to Eamon. Rafi went to Dauid’s place to confront him. Dauid lives on the fifth floor of a block of units. When Rafi arrived, Dauid was intoxicated after drinking six bottles of beer in the hour before. Rafi said to Dauid ‘Don’t you ever touch my boyfriend again.’ Dauid pushed Rafi into the bathroom and locked the door and left the unit to go and see Eamon. Rafi banged on the bathroom door but couldn’t get it to open. He texted Eamon and said ‘Dauid has locked me in his bathroom. I heard the front door bang, so I think he has gone out. I’m going to climb out the window and walk along the window sill and get onto the neighbour’s balcony so I can get out of here.’ Another neighbour in a block of units on the other side of the street saw Rafi climb out the window, walk along the window sill and fall onto the pavement. Rafi died in hospital later than evening as a result of hitting his head on the pavement. When Dauid was interviewed by police, he said that when Rafi arrived at his house he was feeling very depressed and a bit drunk, and on impulse he locked Rafi in the bathroom to detain him while he went to see Eamon to try to win him back. Dauid admitted he had thought that Rafi might climb out the window, but didn’t think Rafi would be stupid enough to fall off the window sill to his death. Question 3 (10 marks) The court process in the Local Court in NSW for dealing with applications for apprehended domestic violence orders does not adequately protect victims of domestic violence from further violence. Discuss. Question 4 (10 marks) The gross overrepresentation of Indigenous Australians in the statistics for offensive language and offensive behaviour is a consequence of the practices and legacies of colonisation. Discuss.