Alec was an actor and producer in a small, independent film. He had a scene coming up where he had to shoot an actor, Miranda. He organised a professional shooter to come to the film set to give him and other cast members a lesson in shooting. They practiced shooting targets with live ammunition. Alec pulled out some of the props and put them next to the real weapons. The prop weapons looked very realistic and it was difficult to tell them apart. The practice stopped for lunch. During lunch, Alec grabbed a weapon from the table and went to Miranda's caravan to rehearse the scene. He mainly wanted to work on her reactions to being shot. They practiced fighting over the gun for the scene and Alec pulled the trigger. He had not realised that he had grabbed a real gun instead of a prop. He shot Miranda on her right shoulder. Alec felt whoozy at the sight of blood and panicked. He ran to his caravan and shut the door. He practiced his breathing exercises to calm down. He then called his agent in a panic. Alec said, 'Oh my god. I think I killed her. I shot her. It was a real gun. There were real bullets. Oh god, oh god.' The agent tried to calm Alec down and get more details. It took a while for the agent to realise that Alec had left Miranda injured and alone. The agent promised to look after it all. Alec assumed that this meant that the agent would call for help. Alec took a Valium and passed out on his couch. In fact, the agent did not call for help. The agent was distracted by a really famous person calling for attention and forgot all about it. Alec woke up three hours later when the camera person, Coco, banged on his caravan door warning that they were about to start filming. Alec said, 'Oh. Is filming going ahead? Does that mean Miranda is okay? Oh what a relief.' When Coco said that she didn't know what Alec was talking about, Alec panicked. He ran to Miranda's caravan. Miranda was lying in a pool of blood. Alec was afraid to touch her and almost passed out because of the blood. Coco saw the blood and called for an ambulance. She then drew on some first aid training and put pressure on the wound to stop the bleeding. An ambulance arrived 50 minutes later. Miranda died on the way to the hospital. There was evidence that if medical treatment had been provided earlier she would not have died. Discuss Alec's liability for homicide.

instructions:

scenario take place in NSW, and therefore the relevant law that will apply is NSW legislation, including the Crimes Act 1900 (NSW) and applicable case law.

Following the introduction, assess the defendant's liability for the offence of murder. then consider whether the defendant will raise any partial defences (if the facts raise a partial defence), which may result in the conviction being reduced to voluntary manslaughter. assess whether, on the chance that the prosecution is unsuccessful in proving murder, the prosecution will be able to prove (an) alternative homicide charge(s). Do not consider offences or defences outside this list.

Introduction Address: Appropriate charges, any partial defences raised, sources of these, applicable burdens and standards of proof

Charge 1 [Specify] Elements of Charge 1 Analyse each element separately, applying the law to the fact, using headings: Actus reus elements (remember to characterise the act and always address voluntariness) Mens rea elements Temporal coincidence (Actus reus/mens rea at the same time) Mini conclusion

Partial Defence 1 Analyse each element in turn, by applying the law to the facts Mini conclusion

Repeat analysis of defence or offence as necessary Note that your answer will have to be adapted to the elements of the offence/defence under consideration Overall Conclusion

Based on your reasoning, will the defendant be convicted? Of which offence(s)? Will any defence(s) be successful? What is the result?

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Answer Introduction In this case Alec an actor and producer accidentally shot Miranda another actor during a rehearsal for a scene in a film The incid... View the full answer