You have been briefed to advise Tim Samson on whether there are any potential grounds of appeal against his murder conviction and the prospects of any such appeals succeeding. You are instructed to prepare your advice in two parts:
Part A – Elements of the offences
Advise Tim as to whether the elements of murder pursuant to s 302(1)(a), s 302(1)(aa) and s 302(1)(b) have been satisfied on these facts. You should also advise briefly on whether the facts establish the commission of any other homicide offence/s that would be available as an alternative verdict on an indictment for murder.
Part B – Trial judge’s directions
Identify any errors of law in the trial judge’s directions to the jury on murder. Explain how these errors might have influenced the jury and affected Tim’s trial in relation to murder. Focus only on the words of the trial judge provided here. Do not speculate on what else was/was not covered in the trial judge’s directions to the jury.
In your answer refer to all relevant legislative provisions and case law. Do not discuss any excuses or defences. Please refer to the CRA sheet for the assessment criteria and allocation of marks.
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