Australian Crimina Law

Scott and   Charlene   have   been married for 10 years, and   live   in   a third -floor   flat   in   Tamworth, with
Charlene ’s 18-year -old daughter Libby. Libby ’s biological   father   is   Charlene ’s alcoholic   ex -husband
Lou, who   lives a few blocks away.

Unknown to Charlene, Scott and Libby have recently started a sexual relationship. Returning home
unexpectedly early from work one day in January 2015, Charlene discovers Scott partially undressed
and standing over the seated Libby, with his hand on her breast.

Thinking that she is witnessing the indecent assault of   her daughter, Charlene screams, ‘Get away
from her! ’ Hearing this, Libby runs out of the   flat, and   Scott walks towards Charlene, saying, ‘I’m
sorry, I’m sorry’. ‘You will be’, replies Charlene, grabbing a knife from the sideboard and plunging it
into Scott’s chest. Scott continues apologising and backs away. Charlene lunges at him   again, and
Scott runs from her and leaps out of the open window of the flat   to his death. Although the stab
wound was a serious injury, it is the fall from the window that actually kills   Scott.

Charlene walks over to the window to see Libby walking over to Scott’s dead body. Libby looks up at
Charlene, crying, and says, ‘What have you   done? We loved each other, we were going to tell you ’.
Frightened and upset, Libby runs   away. ‘Never come back here!’ Charlene shouts after her.   She
throws the knife out of   the window, in Libby’s direction, and it   hits Madge, who   is walking past the
flat, cutting her on the leg.

Libby runs to   the local   shops and   buys painkillers and alcohol. She sits in a park for a while, taking
tablets and drinking and then stumbles to   Lou ’s house,   and asks him   to take her to the hospital. Lou
sees that Libby is confused   and upset and tells   her to calm   down. He takes the remaining   pills and
alcohol from her, gives her a glass of water and tells her to go for a lie down in his bed. Lou goes out
for drinks with friends. When he returns several hours later, he finds that Libby has died from an
overdose.

Discuss the potential criminal liability of Charlene and Lou in relation to the events described above.

Prescribed text

Michael Eburn, Roderick   Howie a nd Paul S attle r, Criminal Law and Procedure in
NSW (,   LexisNexis   Butter worths,   4
th
ed, 2013); and
Simon   Bronitt a nd Be rna dette McSherry , Principles of Criminal Law (Lawbook Co,
3
rd
ed, 2010)