Janet and Rita play A grade rugby union for a local Darwin team. Sally plays for another team. She is physically stronger and larger than both Janet and Rita, and has a reputation for being aggressive, bad tackles, and being willing to start a punch-up. 

In February 2023, Janet and Rita head to a pub after training. The pub is largely empty. They've had a few drinks, but neither is significantly intoxicated. Sally comes into the pub, and begins making loud and disparaging remarks about Janet and Rita's team, their coach, and their ability as players. At first Janet and Rita ignore this, but after a few minutes, Janet calls out 'shut up Sally.' Sally walks up to Janet, and stands over her, saying 'are you going to make me, princess?'. 

Rita says, 'let's get out of here. This place stinks ever since she walked in' motioning to Sally. Rita and Janet both walk out of the pub. Sally follows them out, calling aggressively 'you yellow cowards. Say that I stink, I'll make you pay for that.' Sally walks quickly towards Janet and Rita, who are walking away from the pub. Rita turns around, sees Sally and takes a step towards Sally and punches her in the face. Sally does not fall down and starts punching Rita. Rita and Sally each punch each other about 3 times, before Rita tackles Sally, causing them both to fall to the ground. Sally hits her head on the concrete and is dazed. Rita punches her again, and then stops when she realises that Sally isn't fighting back. Janet comes over and kicks Sally in the ribs, saying 'that'll teach her.' Rita and Janet walk away and continue on with their day. Sally presents to ED, and has bruising to the face, a mild concussion and two cracked ribs. 

CCTV footage on the outside of the pub does not capture audio but does capture the video of what occurred outside the pub. Rita is charged with aggravated assault (s 188(2)(a)). Janet is also charged with aggravated assault (s 188(2)(a) & (d)). 

 

 Provide structured advice to Janet about whether to plead guilty or not guilty to the charge. [5 marks]

Provide structured advice to Rita about whether to plead guilty or not guilty to the charge. [5 marks]

 Explain the relevance of section 10 (if any) to a successful prosecution of this charge [1 mark]. 

Janet has a prior conviction for aggravated assault from 4 years ago. If Janet pleads guilty or is found guilty, do any mandatory sentencing provisions apply? If so, what is the mandatory minimum sentence? [2 marks]

Answer rating: 100% (QA)

Advice to Janet Plead Guilty Mitigation of Consequences Considering the CCTV evidence its clear that Janet engaged in aggressive behavior escalating t... View the full answer