LAWS11057 Law Assignment – Australia.

Unit Code & Title : LAWS11057 Law
Word Limit : 1500 words
Task : There are two components to this assignment:
1.You must analyse the problem question below and provide advice to the clients in accordance with the instructions.
2.You must write a reflection on your assignment, your process for preparing it, your legal reasoning process and your legal skills. When discussing your problem-solving process, explain the decisions you made to reach your conclusions.
(Note: we recommend around 300 words for the reflection and that most of the word count be dedicated to addressing the issues in the problem question).
LAWS11057 Law Assignment – Australia.

LAWS11057 Law Assignment - Australia.

Problem Question :

MEMO

Joseph has been charged with an offence contrary to the Summary Offences Act 2005 (Qld), s 9 and Daniel has been charged with an offence contrary to Summary Offences Act 2005 (Qld), s 6(2)(a)(ii). I need you to provide advice on whether their behaviour is likely to be regarded as falling within the respective section. The facts are as follows:

Last month, Joseph was visiting his brother, Daniel, in Cairns. One Friday evening, Joseph and Daniel went into town with four of Daniel’s friends for dinner to celebrate Daniel’s birthday. Following dinner at about 9pm, the group went to several bars. Joseph estimates that over the course of the night, he consumed four beers, a glass of white wine and two shots of whiskey. Daniel estimates that he consumed three beers and three shots of whiskey. At around 1 am, the group decided to walk down the Cairns esplanade in search of a taxi. Joseph described the group as a little loud in that they were teasing each other and laughing, but this was not any louder than the music coming from some of the venues that were still open. When they got to the southern end of esplanade, they approached the lagoon pool. Daniel joked that it was custom for all visitors to Cairns to strip naked and jump in the Cairns lagoon pool as a dare. The group then began to chant “do it, do it!” at Joseph. Feeling under pressure to impress his brother’s friends, Joseph looked around and saw that the members of the group were the only people he could see in the area. He then ran over to the lagoon, pulled off his t-shirt,shorts and underwear at the edge of the water, covered his genitals with his hands and jumped in the water. The group laughed and cheered at Joseph.

LAWS11057 Law Assignment – Australia.

LAWS11057 Law Assignment - Australia.

At this point in time, Police Officer Smith was sat in a police car in the carpark adjacent to the lagoon pool. Between the carpark and the lagoon pool is a toilet block that blocks the view of the lagoon pool from the carpark. However, as it was the early hours of the morning, he was concerned about the noise level so upon hearing the cheers of the group, he decided to go over to them and ask them to keep the noise down and move on. As he approached the group, he realised that Joseph’s clothes were at the water’s edge. He asked Joseph to exit the water and as Joseph got out the water, it became apparent to Police Officer Smith that Joseph was completely naked because Joseph exited the water holding his hands over his genitals. Police Officer Smith told Joseph to get dressed as quickly as possible. Joseph did so, ensuring that his genitals were not visible to any of the group or Police Officer Smith.

Police Officer Smith said to Joseph “had a bit too much to drink have we, sir?” Joseph said,“not at all, just fancied a dip in the water”. Police Officer Smith said “the signs clearly indicate that the lagoon can only be used between the hours of 6 am and 9 pm. You should not be in the water, and you certainly should not be in there naked.” Daniel explained to Police Officer Smith that he had dared his brother to jump in the water naked and that Joseph checked that there was nobody around to see before he took his clothes off. Police Officer Smith told Joseph that he was arresting him for wilful exposure. In response, Daniel said, “come on man, you can exercise some discretion here. It’s my birthday. Nobody was hurt. Nobody was offended. We promise we won’t do this again and we’ll head home straight away.” In response, Police
Officer Smith said “he has committed an offence. I saw him naked and that is all the law requires.” Daniel became agitated and said, “that’s fcking ridiculous.” Police Officer Smith said to Daniel, “watch your language.” Daniel said, “sorry, but this is outrageous!” Police Officer Smith then stated, “any more from you, mate, and you’ll be coming to the station too.” In response, Daniel said “ah brilliant, arrest me instead of the prcks that stole my bike last week. What a f*cking waste of police resources – haven’t you pigs got real criminals to catch?” Police Officer Smith then stated that he was also arresting Daniel for public nuisance for using offensive and abusive language.

LAWS11057 Law Assignment – Australia.

LAWS11057 Law Assignment - Australia.

There are no fences or barriers to entering the lagoon pool but there are signs around the lagoon pool that state: ‘Public admittance between the hours of 6 am and 9 pm only. The pool is not available, and must not be used, outside these hours.’ The group were the only people visible on the esplanade at the time of the alleged offences, but there are several tall buildings nearby that contain units with windows and balconies that overlook the lagoon pool.

Please set out your advice in a memo for the file indicating whether:

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