PART A

Andy and Bjorn work together for the same company, but they have a tense relationship. One day, an argument started between Andy and Bjorn during which Andy picked up a stick and chased Bjorn threatening to hit him. Bjorn sought refuge in the company's garage, but Andy continued to chase him threatening him verbally and with the stick. Scared, Bjorn took the bike of another work colleague, Cat, and ran away. Bjorn took Cat's bike home and used it the next day to participate in a bike race with a group of friends. After the race, Bjorn returned the bike to Cat.

Upon hearing about the incident between Andy and Bjorn, their shift manager started laughing and said 'Bjorn was scared of a stick? Is Bjorn a man or a straw puppet?'.

Medical documents produced by Andy show that he has been under treatment for psychotic disorders for the last two (2) years.

With reference to relevant authority, answer the following questions:

1. What offence is Andy likely to be charged with in relation to threatening Bjorn? Are the elements of that offence met? What defence can Andy raise?
2. What offence is Bjorn likely to be charged with in relation to the taking of Cat's bike? Are the elements of that offence met? What defence/s can Bjorn raise?

Relying on the materials studied this semester, critically reflect on two (2) strengths and two (2) weaknesses of the NSW legal framework pertaining to domestic violence.

You must explain why you consider the aspects you discuss to be strengths or weaknesses of the legal framework respectively and make suggestions about how the weaknesses can be addressed.