CRIMINAL LAW PROBLEM(Australia, Victorian Legislation)

Legal Case Problem PROBLEM 1 (1500 words) The accused, Salman Slowly, entered a Melbournebank brandishing a sawn-off shotgun,which was loaded. After demanding money from the teller,he ran out of the bank expecting to find a waiting get-away car. However, Salman’s accomplice, Jones, had become nervous and fled when a local police patrol had passed. At the same time that the accused was running out of the bank, Rosa was walking past on her lunch break. She was startled to find herself face-to-face with Salman,who was looking around wildly for his accomplice. At one point he looked directly at Rosa, the shotgun being held level and pointed in her direction. Rosa screamed and ran outonthe busy road outside the bank. She was killed instantly when she was hit by a bus. The driver of the bus, George, had been momentarily distracted by a passenger and did not see Rosa in [login to view URL] Salman Slowly of his criminal liability for murder and [login to view URL] must cite relevant case law and statutory authority in answering this question. PROBLEM 2 (500 word) Sam Caston, aged 23, was arrested by the Sunshine Drug Squad whilst carrying a backpack which 2.5kg of meth mixed with charcoal. After being interviewed by police, he was charged with the offence of trafficking in relation to a commercial quantity of a drug of dependence under s 71 of the Drugs, Poisons and Controlled Substances Act 1981 (Vic). Sam says he was just asked to pick up the bag and take it to a friend’s house. He was simply doing a favour. He wasn’t paid to carry the bag and had no idea that it contained drugs and was told it just contained his friend’s wallet and phone and few clothes. The police accept that they found on his phone an exchange of text messages that is consistent with Sam’s story. But they say that it is just coded language. Sam is upset about the charges, not least because he professes to be innocent. But he is particularly upset because he was about to leave for a month long trip to the United States, which he had been planning for years. Sam is an American Civil War buff and intended to travel there. Sam promises that despite the planned trip, he will not go to the United States. The police did not grant him bail. Sam has no prior convictions. A treating psychiatrist is willing to give evidence that Sam may have psychological problems but he has seen no evidence of drug addiction. Sam’s father, Ed, is willing to provide a surety for bail in the form of a signed a transfer of ownership of his family home. Sam now wants his barrister, Sally Sims, to apply for bail on his behalf. As a law student, you have a placement with Sally in her Chambers in Melbourne. Sally gives you the task of working out how best to represent Sam at the bail application and decide in which court the bail application is to be made. Sally then tells you to read Chapter 5 ‘Criminal Processes and Investigative Procedures –Victoria and the Commonwealth’ by K.J. Arenson and Mirko Bajaric (LexisNexis: 2015). She points to a computer on a desk nearby and tells you that you can access the Bail Act 1977 (Vic) through any legal search engine. She also suggests that it would be a good idea for you to watch at least one bail application. Prepare a memorandum for Sally. GUIDELINES: 1. The paper can be jointly researched but must be your original written work. 2. It should identify and address the central issues in substantive criminal law and procedure. 3. The answer to Problem 1 should be no more than 1 500 words in length. This answer will require considerable concision and editing. The answer to Problem 2 should be no more than 500 words and will require considerable concision and editing. The word limits for bothProblems are not to be exceeded.