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IRAC Templates- Criminal Law
Criminal Law (LAW2394)
Royal Melbourne Institute of Technology
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IRAC CRIMINAL LAW MURDER Issue Rule The legal issue in this scenario involves whether is liable for murder. Specify issue of Causation Murder Definition is when a man of sound memory and of the age of discretion, unlawfully kills any reasonable creature in being and under the peace, with malice aforethought either express of implied the law, the death taking place within a year and a Sir Edward Coke In order to succeed in a murder conviction, the prosecution must satisfy 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 1 sentence. Based on the preceding analysis, it is that the prosecution will succeed in the murder charge against MANSLAUGHTER UNLAWFUL AND DANGEROUS ACT Issue The legal issue in this scenario involves whether is liable for manslaughter unlawful and dangerous act. Rule Manslaughter Unlawful and Dangerous Act Definition In order to succeed in a manslaughter conviction, the prosecution must satisfy 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 Larkin). 4. The act caused the death of the victim (Hennigan, Royall, Hallet). Application (Apply the facts) Conclusion State the 1 sentence. Based on the preceding analysis, it is that the prosecution will succeed in the manslaughter charge against MANSLAUGHTER CRIMINAL NEGLIGENCE Issue The legal issue in this scenario involves whether is liable for manslaughter criminal negligence. Rule Manslaughter Criminal Negligence Definition In order to succeed in a manslaughter conviction, the prosecution must satisfy 1. The act must be a voluntary, conscious act (Nydam) 2. There must be a duty of care owed to the victim the defendant Instan). 3. There must have been gross gross inadvertence to 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 1 sentence. Based on the preceding analysis, it is that the prosecution will succeed in the manslaughter charge against Issue The legal issue in this scenario involves whether is liable for 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 1. The D intentionally sexually penetrates the 2. The V does not consent to the 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 1. A intentionally touches another person and 2. The touching is and 3. B does not consent to the and 4. A does not reasonably believe that B consents to the touching. Application (Apply the facts) Conclusion State the 1 sentence. Based on the preceding analysis, it is that the prosecution will succeed in the assault charge against THEFT Issue The legal issue in this scenario involves whether is liable for obtaining property obtaining financial advantage 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 The property must belong to another person (s71(2) of The D must have appropriated the property (s73(4) of The D must have had a dishonest state of mind (s73(2) of The D must have intended to permanently deprive another of the property (s73(12) of Sharp v McCormick). Obtaining Property Deception As per s81 of the Crimes Act 1958 (Vic), the prosecution must 1. The property belonged to another (s71(2) of 2. The D obtained the 3. The D obtained the property deception, as per defined in s81(4) of the Crimes Act 1958 4. The D must have intention of permanently depriving the 5. The D must have had a dishonest state of 6. The deception must be deliberate or reckless. Obtaining Financial Advantage Deception As per s82 of the Crimes Act 1958 (Vic), the prosecution must 1. The D must have gained financial 2. The D must have used deception (definition of deception as per s81 of 3. The deception must be causally proximate to the 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 1 sentence. Based on the preceding analysis, it is that the prosecution will succeed in the obtaining property obtaining financial advantage deception 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 1. The act must be a theft (all theft elements must be 2. There must be a use of threat of force. 3. The D must have an intention to use force in order to 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 1. The act must be a theft (all theft elements must be 2. There must be a use of threat of force. 3. The D must have an intention to use force in order to 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 1 sentence. Based on the preceding analysis, it is 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 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 1 sentence. Based on the preceding analysis, it is that the prosecution will succeed in the blackmail charge against
IRAC Templates- Criminal Law
Course: Criminal Law (LAW2394)
University: Royal Melbourne Institute of Technology
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