Assignment Task

Part A 

Ant and Bell are two siblings who live together. Ant is 20-years-old and Bell is 12-years-old. Cat and Dan are two of their neighbours.

One day, a friend of Ant’s brings a couple of small boxes containing small plastic sachets with white powder and asks Ant to hide them somewhere safe until she comes to collect them. Ant accepts the request but finds the secrecy odd. He opens one of the sachets and realises that these are drugs. Concerned, he hides them in the cellar.

Cat suspects something ‘fishy’ and knowing that Ant has had problems with the police before, threatens him that if he does not steal Dan’s $500 bike, she will tell the police that he is involved in illegal activities. As Ant says nothing, she adds that she will also run Bell over with her car when Bell returns from school, and make it look like an accident. 

Ant is terrified of the threats. Ant also remembers that he once took Dan out and paid $100 for his drinks, but Dan never reciprocated. Ant takes Dan’s bike (which was chained to a tree on the kerbside outside Dan’s property) and moves it less than a metre away, across the fence, onto Cat’s property.

Dan confronts Ant about the stealing of the bike. Bell observes the heated discussion between Ant and Dan. Bell takes a stick from the ground and hits Dan, causing several bruises on his leg.

Annoyed, Dan goes to the police and complains that Ant and Bell are involved in unlawful activities. Upon a lawful search of Ant and Bell’s residence, the police discover a quantity of 50 grams of white powder. Lab tests concluded that the white powder was amphetamine.

With reference to relevant authorities, consider the following:

A.1. Ant’s liability in relation to the taking of Dan’s bike and any relevant defence/s. 

A.2. Ant’s liability for drug-related offences. 

A.3. Bell’s likely charge for the injuries caused to Dan, and Bell’s liability in the light of his age.

[NB: In relation to the charge, you should not analyse in detail the elements of the offence committed by Bell. Simply indicate what the charge is likely to be, explain why, and provide the relevant authority.]

Part B 

Relying on the materials studied this semester, critically reflect on the issues that arise in the relationship between Aboriginal and Torres Strait Islander peoples and the criminal law system in Australia.

In doing so, you can use the following questions as a guide (although you are not required to address or limited to addressing these questions): 

1. What are some of the problems experienced by the Aboriginal and Torres Strait Islander people who face the Australian criminal justice system?
2. Did the materials studied this semester on the topic of the relationship between Aboriginal and Torres Strait Islander people and the criminal law challenge the way you previously thought about the topic? Explain your answer.
3. Why is it important for you as a Law student and for the legal system, more generally, to understand the relationship between Aboriginal and Torres Strait Islander people and the criminal justice system?
4. Have the strategies used so far to address the existing problems been successful? Explain your answer.
5. How can the current strategies be improved?