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University of Technology Sydney

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Problem Solving Assignment
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Problem Solving Assignment

70218 - Criminal Law

5 Pages University of Technology Sydney Essay / Project Year: Pre-2016

Problem question One afternoon while testing out his new mobile application - 'Baby's First Days' - over coffee at Mecca, Dan saw some of his girlfriend’s (Mehra's) class mates. As he walked over to say hello, he heard one of them say, 'Mehra looks hot pregnant, I bet you it's my kid'. Another responded, 'Well you'll find out soon, she's going to pop any day now'. Dan stormed out of Mecca and jumped on a bus home before he heard Mehra’s friends laughing at the ridiculousness of their claims. When he arrived home Mehra was sitting on the couch rubbing her tummy. The thought that he might not be the father was unbearable and in a fit of outrage he stabbed Mehra in the tummy. Dan was shocked when he realised what he had done and immediately called an ambulance. In the ambulance Mehra was going pale and kept shouting out to the paramedics, 'save our baby'. Dan was appalled when he realised that Mehra referred to the baby as his and that he had stupidly thought, with absolutely no basis, that Mehra could be unfaithful and that the baby could belong to someone else. When Mehra arrived at the hospital, a caesarean was performed immediately. The baby was blue, was not crying, but breathed momentarily (before being fitted with a respirator) and had a pulse. He died within the hour. Mehra died one hour later from blood loss from the stab wounds. Discuss Dan’s liability for the deaths of Mehra (15 marks) and the baby (15 marks). What defences, if any, could Dan raise (only consider defences up to Topic 3). Consider Dan’s liability regarding each victim separately.

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