Topic: CRIMINAL LAW OFFENCES AGAINST THE PERSON Using IRAC read and answer the following questions: SCENARIO TO READ Jally Gapoor has been accused of murdering Max Mavro. The DPP alleges that Mrs Molly Mavro hired Jall
OFFENCES AGAINST THE PERSON
Using IRAC read and answer the following questions:
SCENARIO TO READ
Jally Gapoor has been accused of murdering Max Mavro. The DPP alleges that Mrs Molly Mavro hired Jally to carry out the hit.
Max was found by his wife in his bath shot to death early one morning. It is later established he died between 9 pm and 10 pm the night before.
Molly had been absent from her home the previous night in the arms of her lover, Carl Casanover. Her alibi is rock solid.
The permanent occupants of the Mavro home were Max and Molly and their 18 year old son Samson. However when Molly arrived home the morning after he was killed Samson was not there.
The police suspect Jally because after the crime scene was established Jally began hanging around asking questions of the police. The lead detective Inspector Plodder checked Jally’s antecedents and dscovered he had 2 prior convictions for assault and one for possession of amphetamines. Plodder put Jally under surveillance. In addition he questioned Molly and ascertained she knew Jally from the Brick Road Football Club where Samson played soccer.
The Detective had a hunch that Molly had engaged Jally as a hit-man to murder Max. He obtained a warrant to tap Molly’s phone. Detective Plodder struck gold. Jally was observed two days after the murder leaving his home, which was about a kilometer from the Mavro house, carrying a shoe box. He then drove to Castlebrook, a town about 50 kilometres away. Jally alighted from his car and entered the house. He was observed handing the shoe box to another man. After Jally left a police officer interviewed the occupant of the house a man called Kappy Guppy who admitted that Jally had given him a gun to look after. He said Jally had noticed the gun had recently been fired and he thought it may have been used to murder Max Mavro. Sure enough ballistic testing confirmed Jally’s pistol was the murder weapon.
Plodder makes another breakthrough. Molly is heard on the phone taking to her lover Carl Casanover. She says she is worried that Jally will break. She says she has paid him the $5000 for the hit, but he was becoming nervous and distressed.
Plodder arrests both Jally and Molly. Both deny involvement in the murder. Molly says her late husband was a violent man who she hated, but she denies putting out a contract on him. Jally admits his gun was used in the murder, but says somebody must have stolen it from his house, used it to kill Max and then put it back. The gun was kept in his bedroom in a drawer of a bedroom cabinet. Jally says he was at home alone on the night of the murder. His wife was at Bingo and got home at 11 pm. Jally claims the murderer could well be Samson Mavro. He knew Max had frequently attacked his son whilst under the influence of Ice.
Molly admits that she made the admissions on the phone, but says she was only joking .
A search of Molly’s bank records show that in the month before the murder $7000 was removed from her joint bank account with her husband, but she points to a new 60 inch TV which she said she bought for cash for $5500. The rest was used for living expenses. No large cash receipts can be sheeted home to Jally in the relevant period.
Samson is interviewed and has made a statement which makes the following points:
—He had an argument with his father the day before the murder, which resulted in his father striking him.
—He knew his mother was having an affair and Samson was hoping she would throw his father out of the home.
—He knew of the gun belonging to Jally because he had been drinking with Jally about two weeks before the murder and Jally had shown him the gun.
—He had often been to Jally’s home and he knew there was a side way which led to the window of the bedroom. The house is a two bedroomed kit home similar to his own home.
—He did not know where the gun was kept in Jally’s home, as he only saw the gun in the front sitting room.
—He initially told the police he was at work as a strapper at the dog races on the night his dad was killed. This was found to be untrue. In fact he took the night off. He says he lied because he was frightened the police would accuse him of the murder.
—In fact he went to a hotel near his home that night. He arrived at the hotel about 9 pm. He had between ten and fifteen Jack Daniels and Coca Cola’s. He also smoked a toke of Ice and had a few puffs on a bong of Mary Jane. He picked up a girl called Sally Sanger and took her home. They arrived at home and went straight to Samson’s bedroom where they had sex and fell asleep. At no time did he notice his dad was lying dead in the bathroom. Neither he nor Sally went to the toilet at the Mavro home. There is only one bathroom in the house which is a small kit home of ten squares. The bathroom is immediately adjacent to the bedroom.
—He and Sally left at about 6 am. He drove her home and went into Melbourne to buy some drugs.
—He denies killing his father.
Sally Sanger corroborates Samson’s story. She does not, however, know when he got to the hotel. She agrees that she went home with him and says that at no time did she notice a dead man in the bath. She says she did not go to the toilet during the night and cannot recall Samson leaving the bedroom. She did not know Max, Jally or Molly.
The police interview Carl and are considering as to whether to charge him.
A – Advise the police of the elements of the crime of murder and the evidence that can be led. In particular consider whether the accused can be tried together.
B – Advise Jally of his legal position
C – Advise Molly
D – Advise Carl
There will be mini moots conducted as follows:
– Examination in chief of Detective Plodder
– Cross examination of Samson
– Cross examination of Lucy
– Cross examination of Jally
– Cross examination of Molly
Group discussion of the elements of the crime of unlawful assault within the Code and the circumstances that constitute exceptions to the crime
Please use AGLC