LAWS1206 – TUTORIAL TWO

LEGISLATION

(1) A person is guilty of an offence if:

(a) the person intentionally throws an object at, or drops an object on or towards, a vehicle or
vessel that is on any road, railway or navigable waters, and
(b) there is a person in the vehicle or vessel, and
(c) the conduct risks the safety of any person.
(2) This section extends to a vehicle or vessel that is stationary at the time that the object is thrown or
dropped.
(3) In the prosecution of an offence under this section, it is not necessary to prove:
(a) that the accused was aware that his or her conduct risked the safety of any person, or
(b) that the object made contact with the vehicle or vessel.
(4) In this section:
"road" means a road or road related area within the meaning of section 4 (1) of the Road Transport
Act 2013.
"throw" includes propel.
"vehicle" includes:
(a) a motor vehicle, and
(b) a train or tram, and
(c) a bicycle, and
(d) a vehicle drawn by an animal or an animal ridden by a person.

FACTS

Freda, an ANU student, is mucking about with friends in a public car park outside the Queanbeyan
Leagues Club in NSW. They are throwing a heavy bunch of keys between them as they pretend to
argue about who is going to drive them back to their shared house in Canberra. In fact, Freda is the
designated driver for the group as she has not drunk any alcohol at the Club. Freda throws the keys to
Marcus saying “I’ve changed my mind – you’re driving”. Her aim is off and instead of reaching
Marcus, the keys hit the windscreen of a car parked in the car park. The windscreen shatters. There
are two people in the car and the driver was just about to turn on the ignition to drive away. No one is
injured in the incident. Freda says that she did not know that anyone was in the car nor did she intend
for the keys to hit the windscreen of the car.
ANSWER

The issues are:

Burden of Proof
Onus of Proof
Actus Reus

 Throw the keys

 At a vehicle
 Vehicle on the road-related area
 Person inside vehicle
 Risk safety
Mens Rea

 Did she intend to throw the keys towards the vehicle?

Apply:

H
I
R
A
C

TUTORIAL NOTES

 Note that what is “legally” wrong may not always be what is “morally” wrong.

 Act -> basic intent. This is not an act of consequence, where specific intent is needed to cause
the consequence of “smashing” the window.

 The focus on HIRAC is on the analysis – you need to apply the law to the facts, and explain it
thoroughly.