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I declare that this assessment is my own work. Any ideas and comments made by other people have been acknowledged as references. I understand that if this statement is found to be false, it will be re

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Student Declaration: I declare that this assessment is my own work. Any ideas and comments made by other people have been acknowledged as references. I understand that if this statement is found to be false, it will be regarded as misconduct and will be subject to disciplinary action as outlined in the TAFE Queensland Student Rules. I understand that by emailing or submitting this assessment electronically, I agree to this Declaration in lieu of a written signature. PRIVACY DISCLAIMER: TAFE Queensland is collecting your personal information for assessment purposes. The information will o...

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Student Declaration: I declare that this assessment is my own work. Any ideas and comments made by other people have been acknowledged as references. I understand that if this statement is found to be false, it will be regarded as misconduct and will be subject to disciplinary action as outlined in the TAFE Queensland Student Rules. I understand that by emailing or submitting this assessment electronically, I agree to this Declaration in lieu of a written signature. PRIVACY DISCLAIMER: TAFE Queensland is collecting your personal information for assessment purposes. The information will only be accessed by authorised employees of TAFE Queensland. Some of this information may be given to the Australian Skills Quality Authority (ASQA) or its successor and/or TAFE Queensland for audit and/or reporting purposes. Your information will not be given to any other person or agency unless you have given us written permission or we are required by law. Instructions to Student General Instructions: In this task, candidates will demonstrate their understanding of (and skills developed) of the knowledge/ skills underpinning this unit. This Competency Test provides you with the opportunity to demonstrate that you can analyse the Criminal Code (Qld) in order to identify criminal offences, onus and standard of proof, and jurisdiction. You will also be identifying the key elements of each offence and applying the elements to a factual situation to ascertain whether the offence is established. This assessment contains seven (7) questions which apply to four (4) offences. You are required to successfully answer all questions in order to be deemed satisfactory. Suggested Readings: In order to provide complete answers to the following questions, you may need to refer to: Websites / Textbooks / Articles: • Criminal Code Act 1899 (Qld) • Summary Offences Act 2005 • Regulatory Offences Act 1985 • Penalties and Sentences Act 1992 Information/Materials Provided: Assignment paper. Assessment Criteria: To achieve a satisfactory result, your assessor will be looking for your ability to demonstrate the key skills/tasks/knowledge to an acceptable industry standard. Number of Attempts: You will receive up to two (2) attempts at this assessment task. Should your 1st attempt be unsatisfactory (U), your teacher will provide feedback and discuss the relevant sections / questions with you and will arrange a due date for the submission of your 2nd attempt. If your 2nd submission is unsatisfactory (U), or you fail to submit a 2nd attempt, you will receive an overall unsatisfactory result for this assessment task. Only one re-assessment attempt may be granted for each assessment task, with the exception of Apprentices or Trainees who are permitted an additional supplementary assessment. For more information, refer to the Student Rules. Submission Details Insert your details on page 1 and sign the Student Declaration. Include this template with your submission. Instructions for the Assessor All students must be marked against the Assessment Marking Criteria. Note to Student An overview of all Assessment Tasks relevant to this unit is located in the Unit Study Guide.   Scenario A group of male persons had gathered at the George Street Hotel and Restaurant to watch their team play in a broadcast of the Rugby League grand final match. Their team lost and, as a result, tempers flared. One individual in the group, Ryan, was particularly upset about the loss. He became offended by what he perceived to be the ‘smug look’ of Peter, a supporter of the opposing team who was drinking at the bar. Ryan walked over to Peter and a number of insults passed between the two. The argument escalated and Ryan raised his fist saying ‘this will wipe that smug look off your face’, before punching Peter in the face. Peter was left with a black eye from the incident, but no lasting damage was caused. Ryan then picked up a beer bottle and threw it at the bar, hitting the glass shelves behind the bar. The shelves shattered, along with many of the bottles of alcohol that were displayed on them, causing $2,000.00 worth of damage. Ryan, extremely intoxicated, then left the building, leaving his restaurant bill of $100.00 unpaid. The proprietor of the George Street Hotel called the police. Ryan was later found by police wandering the streets in an intoxicated state. Ryan has committed four (4) distinct offences: 1. Offence A: Relates to Peter’s injuries 2. Offence B: Relates to the damage caused to the hotel 3. Offence C: Relates to Ryan’s unpaid bill at the restaurant 4. Offence D: Relates to Ryan’s intoxicated state Apply the following structure to each offence. You may use a table if you wish. Use FILAC to assist you in answering the following questions for each offence. If you choose to use FILAC, questions 1, 2, 3 and 5 will be covered. All other questions will require separate answers. FILAC strategy: • F – Decide the relevant facts (the facts that have legal consequences) • I – Identify the legal issue/s • L – What laws are relevant • A – Apply the laws to the issue • C – Make a conclusion  Questions 1. What offences could Ryan be charged with, and under what sections of the Code or other Act are those offences located? 2. Outline all of the elements of each of the offences you have elected. The elements may be found in the Code or another Act. You also need to refer to any applicable case law, and reference specific sections of the Code/Act which assist in defining the necessary elements. Refer to your Schloenhardt textbook. (Use FILAC). 3. Apply the facts in the scenario to each of the elements outlined in question 2. You must indicate how every element is supported by the relevant facts from the scenario, and reach a conclusion. 4. Who bears the onus of proof in relation to this offence, and what is the standard of proof? 5. What is the maximum penalty for the offences? 6. What are five (5) governing principles to be considered when sentencing as per the Penalties and Sentences Act 1992 (Qld). Discuss in relation to the purpose of sentencing and what should the court have regard to when sentencing the offender? 7. In which court would the offence be heard (Magistrates, District or Supreme)? Ensure you identify the type of offence, e.g. indictable/non-indictable, crime/misdemeanour/simple/regulatory. List the evidence to be presented with the form in which the evidence would be presented to the court. End of Assessment

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The offences created by Ryan are mentioned below.

  • Offence A: Relates to Peter’s injuries
  • Offence B: Relates to the damage caused to the hotel
  • Offence C: Relates to Ryan’s unpaid bill at the restaurant
  • Offence D: Relates to Ryan’s intoxicated state

All the offences created by Ryan were found to have obligations which can be used as proof of evidence for finding Ryan guilty. The sections that were imposed on each of the offences mentioned above were described below.

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