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:
- Offense A: Relates to Peter’s injuries
- Offense B: Relates to the damage caused to the hotel
- Offense C: Relates to Ryan’s unpaid bill at the restaurant
- Offense D: Relates to Ryan’s intoxicated state.
- What is the offence Ryan would be charged with, and under what section of the Code or other Act is the offence located?
- Outline all of the elements of the offence. 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.
- 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.
- Who bears the onus of proof in relation to this offence, and what is the standard of proof?
- What is the maximum penalty for the offence?
- What are the governing principles to be considered when sentencing as per the Penalties and Sentences Act 1992 (Qld) for the overall scenario. Discuss in relation to the purpose of sentencing and what should the court have regard to when sentencing the offender?
- In which court would the offence be heard and why? Ensure you identify the type of offence eg indictable/non-indictable, crime/misdemeanour/simple/regulatory.
For Offences A and B, include whether the offence may be heard summarily (in a Magistrates Court without a jury) and if so, state the maximum punishment that can be given by the Magistrate. [Refer to Chapter 58A of the Criminal Code (Qld)].
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