LLAW1312 Essential Legal Skills - Case Study Assignment: Memo responding to a problem question

Instructions (in the format of a memo)

 MEMO

TO:                 Clerk

FROM:           Supervisor

DATE:            30 March 2022

RE:                  Richards File – Preliminary Analysis

Penelope Richards has approached us about a matter of concern regarding a potential theft. She has not yet been charged with theft, but a charge has been threatened. I understand that this is your first criminal law matter. Please note that in criminal law, the accused is charged with an offence. The Prosecution has the burden of proof, and must prove every element of the offence beyond reasonable doubt. Our job, as the defence, is to raise doubt on at least one element of the offence. I note that in criminal law there are two key components to crime – the act itself (actus reus) and the mental state of the accused (mens rea – usually intention or recklessness). In the materials below I have included some background reading about criminal law if you are feeling unfamiliar with this area.

I would like you to read through the notes from my meeting with Ms Richards (below). I would also like you to analyse the sources I have provided you with. These are available via the Readings Link on FLO and appear in a module called ‘Sources for Assignment’. After you have read and analysed these sources, please write me a memo applying the law you have found to the facts of Ms Richards’ case. Please do not conduct any further research on this matter.

When writing your memo, please consider what we will argue, and also address any key counter- arguments that you think could be raised. The best format in which to address this is to use headings related to the key legal issues, and to do an IRAC analysis in each paragraph under your headings.¹

The Sources

The sources are available via Readings on FLO, and are listed below for your convenience:

• Background reading on Criminal Law: Excerpts from Halsbury’s Laws of Australia (encyclopeadia) [130-1]-[130-85]. You do not need to read this in depth, but it will provide some background to criminal law (this is available on FLO, directly below the question
• Material from Criminal Law SA (an online commentary service like an in depth encyclopaedia on Criminal Law) [5620]-[5643] (this appears on Readings as five separate parts)
• Journal Article by David Lusty from the Criminal Law Journal
• SA Criminal Law Consolidation Act 1935 (SA) sections 130-134
• Supreme Court of South Australia: Police v WBC (unreported)

While these sources may not contain all of the information that you need, please do not conduct further research. Instead, include a section in your memo that addresses any further questions that you might want to ask Ms Richards, and outlines any further research that you think needs to be done on the file. I will then be able to follow this up.

¹ Revisit the videos on IRAC if you do not understand this. Please make sure you do not use ‘Issue’ ‘Rule’ ‘Application’ and ‘Conclusion’ has headings in your memo.

The Memo

Please do not summarise the key facts of the scenario in your memo. It is adequate to include the facts in your legal analysis itself. This will save you repetition and words. Remember that the point of this memo is to apply the law to the facts. This shows your understanding of the relevant legal principles and your ability to construct a legal argument, considering both angles, and coming to a conclusion.

Including follow up questions and further research angles also shows your critical thinking and your ability to deconstruct the question and consider further argument and analysis.

The Client’s Scenario Record of Interview

Our Client: Ms Penelope Richards Phone number: 0412 987 654

Address: 14 Payneham Lane, Payneham SA Email: [email protected]

Penelope has just turned 18 years old. She is taking a gap year before she decides what she wants to do with her life, and is working as many hours as she can to save up so she can move out of home. As a dutiful granddaughter, she also drives her 75-year-old grandmother to various events for a bit of extra pocket money (her grandmother pays her petrol and always gives her a little something extra in cash).

On Sunday 27 March Penelope drove her grandmother to the Cactus and Succulent Society of South Australia (‘CASSA’) Show and Plant Sale held at the Wayville Showgrounds. Her grandmother paid their entry fee, and told Penelope that she was going to look around.

The Show was held in the Dairy, and there were lots of displays of plants, cacti and succulents, as well as sellers with their various plants set up on large trestle tables. There were clear instructions that buyers should collect the plants they wanted to buy, and pay for them at the registers next to the exit. There were also signs that told people not to switch the price tags on the plants, and that this amounts to theft.

Penelope is a bit of a prankster, and decided to see what she could get away with. As she moved between the stalls, looking at all the different plants available, she picked up one or two here and there, and surreptitiously swapped the tags. Swapping the tags didn’t make a big difference to the price, swapping tags for $5 or $6. Penelope didn’t buy anything at the Show, but quickly ran to help her grandmother carry a big box of plants that she was buying.

Penelope’s grandmother was in her element. She loves these sorts of outings, and due to Covid she has been wary of going out. This was an excellent way to spend a couple of hours with her granddaughter. As they waited in line at the registers, Penelope’s grandmother was sad that she had quickly run out of money and had had to prioritise which plants to get. She was devastated that she had not been able to afford the ‘string of pearls’ plant that she loved so much.

As they still had a long wait, Penelope set the box of plants on the counter and said to her grandmother that she was just going to run to the bathroom at the back of the building. On her way back to the registers, Penelope spied a string of pearls plant and went up to admire it. After looking around to make sure no one saw her, she snapped off a 7cm strand of the plant, and put it in her

pocket. She knew the plant would grow from the cutting and planned to surprise her grandmother with it for her birthday in May. She hurried back to the registers and helped her grandmother take all of the newly purchased plants back to the car.

Penelope’s grandmother is a tech-savvy old lady, who spends a lot of her time on Facebook. On Monday 28 March she sent Penelope a link to an article on the CASSA Facebook page that said CCTV footage had picked up several people swapping price tags, and stealing plants. The article indicated that the Show organisers were now looking for these people and would have them charged with theft. The article requested that anyone with information come forward. Penelope’s grandmother was outraged that anyone would disrespect the CASSA Show in this way.

Penelope is now feeling quite concerned that she might be charged with theft, and has approached us to explain the situation for her.

In your memo, please address:

1. How the law of theft applies to Penelope’s situation – ie if she is charged with theft, what will the Prosecution argue, and how might we attempt to raise doubt?
2. Any questions you have for Penelope about the
3. Any areas for additional research that you think would be

Thank you for your work on this.

Kind regards Supervisor