LLB 1130/130 CRIMINAL LAW AND PROCEDURE A
WEEK 6 PRESCRIBED READINGS AND SEMINAR QUESTION
PRESCRIBED READINGS:
Brown et al, Criminal Laws (2020), pages 775-805 (up to 9.7), 844 (from 9.11)-857 (up to
9.12)
SEMINAR QUESTION:
Josh and Kyle had been good friends since high school. After they left school both got into
the drug trade selling heroin, cocaine and ice. After 6 months of working for others, in June
2020 they decided to set up shop together. At first things were fine, but gradually tensions
developed and Kyle became suspicious that Josh was ripping him off. For his part Josh
ignored any requests by Kyle to ‘come clean’ about the money.
By January 2021 things came to a head and on the 15th, Kyle rang Josh at his unit in a rage.
He demanded Josh pay him $50,000. He also said, ‘I’ve heard from others that you’re out on
the street selling our drugs and keeping the money’. Josh said ‘Kyle you’re fucking crazy’
and hung up. By this stage it was early evening and Kyle drove to Josh’s unit block with his
shotgun in the car. He got out and raced to Josh’s unit carrying the shotgun. At the door Kyle
screamed for Josh to come out and pay him his money ‘or else’. Josh stood behind the closed
wooden door and yelled back ‘You’re such a fucking loser, just fuck off. I’ve got my own
business going and it’s going well.’
At this point Kyle fired the shotgun at the door from close range. The blast penetrated the
door and numerous pellets hit Josh in the face, neck and chest. Kyle fled the scene.
Unbeknown to Kyle, Josh suffered from a heart condition which was triggered by his wounds
and he suffered a massive heart attack and died at the scene before paramedics arrived. At a
later post-mortem it was found that Josh died from heart failure which was triggered by loss
of blood from his wounds.
Meanwhile a neighbour had called emergency services including police. Police searched the
area and found Kyle in his car down by a local lake, weeping. The shotgun was on the front
passenger seat. Kyle was arrested and taken back to the local police station. In a later
recorded interview, Kyle stated that Josh had ruined his life, but that he never wanted to hurt
him. He fired the gun ‘to scare him’ only. He admitted that he knew Josh was on the other
side of the door when he fired the gun.
You are a solicitor with the NSW Office of the DPP and are reviewing the brief of
evidence in relation to Kyle. You are asked to advise the DPP on the available facts on
the viability of a murder charge against Kyle.
WEEK 6 PRESCRIBED READINGS AND SEMINAR QUESTION
PRESCRIBED READINGS:
Brown et al, Criminal Laws (2020), pages 775-805 (up to 9.7), 844 (from 9.11)-857 (up to
9.12)
SEMINAR QUESTION:
Josh and Kyle had been good friends since high school. After they left school both got into
the drug trade selling heroin, cocaine and ice. After 6 months of working for others, in June
2020 they decided to set up shop together. At first things were fine, but gradually tensions
developed and Kyle became suspicious that Josh was ripping him off. For his part Josh
ignored any requests by Kyle to ‘come clean’ about the money.
By January 2021 things came to a head and on the 15th, Kyle rang Josh at his unit in a rage.
He demanded Josh pay him $50,000. He also said, ‘I’ve heard from others that you’re out on
the street selling our drugs and keeping the money’. Josh said ‘Kyle you’re fucking crazy’
and hung up. By this stage it was early evening and Kyle drove to Josh’s unit block with his
shotgun in the car. He got out and raced to Josh’s unit carrying the shotgun. At the door Kyle
screamed for Josh to come out and pay him his money ‘or else’. Josh stood behind the closed
wooden door and yelled back ‘You’re such a fucking loser, just fuck off. I’ve got my own
business going and it’s going well.’
At this point Kyle fired the shotgun at the door from close range. The blast penetrated the
door and numerous pellets hit Josh in the face, neck and chest. Kyle fled the scene.
Unbeknown to Kyle, Josh suffered from a heart condition which was triggered by his wounds
and he suffered a massive heart attack and died at the scene before paramedics arrived. At a
later post-mortem it was found that Josh died from heart failure which was triggered by loss
of blood from his wounds.
Meanwhile a neighbour had called emergency services including police. Police searched the
area and found Kyle in his car down by a local lake, weeping. The shotgun was on the front
passenger seat. Kyle was arrested and taken back to the local police station. In a later
recorded interview, Kyle stated that Josh had ruined his life, but that he never wanted to hurt
him. He fired the gun ‘to scare him’ only. He admitted that he knew Josh was on the other
side of the door when he fired the gun.
You are a solicitor with the NSW Office of the DPP and are reviewing the brief of
evidence in relation to Kyle. You are asked to advise the DPP on the available facts on
the viability of a murder charge against Kyle.
