LAWS201 Sample

Homicide and Self Defence

Toby is a student living on Castle Street in Dunedin. Having fallen on hard times, Toby finds himself struggling to pay rent with his flatmates threatening to kick him out. Desperate not to find himself homeless during winter in Dunedin, he plans to rob his place of work - Lenny’s. He knows that the shop is shut for the long weekend and his boss - Baxter - is out of town, so he waits until late Friday night to begin his plan.

Toby, having not been trusted with a key to Lenny’s, has to smash a downstairs window to get in. When he makes his way into the room where the safe is located, he comes face to face with Baxter, who in fact decided last minute not to go away for the long weekend. Baxter, having heard someone smash the window, had grabbed a baseball bat he keeps in case of emergencies and was standing with a menacing look on his face.

In a panic and frightened by the baseball bat in Baxter’s hands (which Toby had seen him use very convincingly in the past), Toby leaps forward and shoves Baxter to the ground before fleeing out the back door. Baxter lands hard on the ground, hitting his head on the corner of the table as he does so. When the police later arrive after concerned pedestrians noticed the broken window, they find Baxter dead.

It is later revealed that Baxter died from a ruptured aneurysm that was triggered by the blow to the head Baxter received when he was pushed over by Toby. Neither Toby nor Baxter knew he had an aneurysm. Had Baxter received prompt treatment quickly after the blow to the head, the chances of survival were approximately 60%, although the coroner admits that even without the blow to the head, the aneurysm had a 70% chance of rupturing sometime within the next year.

Toby is later arrested. He admitted that he did break into Lenny’s and push Baxter over, but protested that he was acting in self-defence and could never imagine his actions resulting in Baxter’s death. “Baxter is a very healthy man,” Toby insisted, “I assumed he would have been fine. I just wanted to get out of there.” The police seek your advice about charging Toby with any offences related to Baxter’s death, their chances of success, and any possible defences Toby may be able to bring.

Advise the police.