THE UNIVERSITY OF QUEENSLAND AUSTRALIA CRIMINAL LAW LAWS2708, Semester 1, 2023 Prof Dr Andreas Schloenhardt The University of Queensland School of Law Brisbane Qld 4072 Australia ASSIGNMENT #1 Instructions This first piece of assessment involves the discussion and analysis of a case scenario. The content is based largely on weeks 1-5 of the course (lectures and seminars) but may also require students to explore new provisions. This piece of assessment focuses on the application and understanding of the law, case analysis, structure, and expression. While there is no set word limit for this piece of assessment, it is very strongly suggested that assignments should be no more than 1,500 words long. Note that it is the quality, not quantity that matters and there is a danger that long papers over-emphasise minor issues. All submissions must be accompanied by a list of all sources referenced (bibliography) - and only those. A table of statutes is not required. A table of cases is optional. Due Date: 6 April 2023 no later than 2:00pm Please include your name and student number in the document itself and in the filename (eg Smith_45953515.docx). Assignments must be submitted before the due date + time by uploading an electronic copy as a single MS Word file via Blackboard (under 'Assessment'). Submission closes at 2:00pm sharp so please allow adequate time for your document to upload and for the submission to complete before the due time. Late submissions will incur a penalty (-10% per 24 hours). Please use the online discussion board for any questions concerning the assignment. Case Scenario Note that in addition to the outline of the facts below, a video re-enacting the events of 9 September 2022 has been posted on Blackboard in the folder for this assignment. The video has no audio. Brisbane, Friday evening, 9 September 2022. It is a cold and very rainy night in Southeast Queensland. The working week is ending and Nicholas Reinke, a successful and aspiring 44- year-old lawyer from Brisbane, is driving home from an appointment near Lake Wivenhoe. Nicholas is driving his Volkswagen SUV along State Road 31, an unlit, hilly, and windy road that leads him via Mount Glorious and Mount Nebo back to The Gap and Red Hill, where he lives in a newly built mansion with his wife and two young children. For most of the way, Nicholas is driving about 10 km/h above the speed limit and is talking hands free on his speaker phone to Celina Evans, one of the senior managing partners (his immediate supervisor) of the law firm. At 8:30pm a speed camera installed on the side of the road about 20 minutes out of Brisbane flashes and catches Nicholas speeding, but he continues driving at the same speed, despite very heavy rain, complete darkness (apart from
2 his head lights), a wet and windy road, and overall poor visibility. He even says on the phone to Celina: 'Damnit, I think I got caught speeding'. The conversation turns to the