Criminal Liability Analysis Victoria

Summary

Peters actions, though aggressive, do not result in criminal liability as he was killed before acting on his intentions. Rachels threat to Stuart and agreement to pay him can be considered criminal offenses under the Crimes Act 1958 (Vic). Stuarts demand for money is blackmail. Louise could face manslaughter charges for killing Peter, as her actions may be seen as excessive self-defense. The injury to Stuart from the ricochet could be considered reckless conduct endangering life.

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Read the scenario below and outline the criminal liability of Peter based on Victoria Australia legislation and common law: What Rachel didn't know was that Stuart had already sent graphic footage of Stuart and Rachel having sex to Peter via an email. That evening, Peter opens his laptop and finds the email. Enraged, Peter grabs a knife from the kitchen and starts running towards Stuart's house. Stuart's daughter, Louise, is outside her house checking the mail and sees Peter bolting towards her. Fearing the worst, Louise quickly runs around to the side of the house to her Dad’s shed and grabs her father’s rifle. Louise makes it back to the front of the house, right when Peter is at the front doorstep and Stuart has just opened the door. Louise yells “Hey!”, Peter turns to face her and Louise pulls the trigger. Peter is killed instantly. A bullet ricochets and hits Stuart in the arm seriously wounding him.
Please assist me by reading the scenario below and outlining the criminal liability of Peter based on Victoria Australia legislation and common law: Stuart sent Peter an email of him having an affair with Peters wife. Peter opens his laptop and finds the email. Enraged, Peter grabs a knife from the kitchen and starts running towards Stuart's house. Stuart's daughter, Louise, is outside her house checking the mail and sees Peter bolting towards her. Fearing the worst, Louise quickly runs around to the side of the house to her Dad’s shed and grabs a rifle. Louise makes it back to the front of the house, right when Peter is at the front doorstep and Stuart has just opened the door. Louise yells “Hey!”, Peter turns to face her and Louise pulls the trigger. Peter is killed instantly.
SNAWER
Rachel
- Threat to Kill: Rachel's threat to Stuart ("if you tell Peter I'm going to kill you!") constitutes a criminal offense under Section * of the Crimes Act * (Vic).
- Blackmail: Agreeing to pay Stuart $* to keep quiet can be considered blackmail under Section * of the Crimes Act * (Vic).
Peter
- No Criminal Liability: Peter's actions, though troubling, do not result in criminal liability as he was killed before acting on his intentions.
Stuart
- Blackmail: Stuart's demand for $* to keep the affair secret is blackmail under Section * of the Crimes Act * (Vic).
Louise
- Manslaughter: Louise could be charged with manslaughter for killing Peter, as her actions may be considered excessive in self-defense under Section 9AD of the Crimes Act * (Vic).
- Reckless Conduct Endangering Life: The injury to Stuart from the ricochet could be deemed reckless conduct endangering life under Section * of the Crimes Act * (Vic).
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