Criminal Law And Procedure PG Assignment 2 – Australia.

Unit Title : Criminal Law And Procedure PG
Assessment Type : Assignment 2
Marcus and Oswald are good friends who frequent the ‘Bushranger’ bar in Yass after work.
Criminal Law And Procedure PG Assignment 2 – Australia.

The Bushranger bar is an old two storey hotel on the main street in Yass.

On a Friday night in January of this year they were drinking for some time together when they both decided to see who could hang out the longest on the outside of the verandah railing on the second
storey.This involved climbing over the railing and standing on the weathered timber edge of the verandah over the street below.They agreed to help each other to get their balance on the outside of the railing before leaning out over the street.

Criminal Law And Procedure PG Assignment 2 – Australia.

Criminal Law And Procedure PG Assignment 2 - Australia.

Marcus went first and was supported by Oswald to climb over and to steady himself before attempting to lean out over the street. He was still being held by Oswald when Oswald pretended to let go – allowing Marcus’s arm to slip within Oswald’s grasp momentarily. Marcus felt as though he was going to fall to the street, and he reacted angrily saying ‘You could have killed me!’ and ‘I’ll get you for that.’ Oswald said, ‘I was just joking’ and helped Marcus to get back over the verandah railing.

Oswald agreed to take his turn and climbed over the railing.Oswald was quite unsteady and needed support.Marcus decided to teach Oswald a lesson and proceeded to give Oswald a ‘fake push’where by he meant to push and at the same time grab Oswald to give him a fright. However, when he did this, he was not able to grab hold of Oswald and Oswald fell to the street below. Oswald suffered severe life threatening injuries in the fall and lay sprawled on the street below. Within moments, a car that was being driven erratically by a drunken driver sped past the Bushranger bar and the driver ran over Oswald as he lay on the street. The impact with the car killed Oswald. –

Advise on the possible charges that might be laid against Marcus.