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LEGISLATION
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
Burden of Proof
Onus of Proof
Actus Reus
Apply:
H
I
R
A
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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.