Tovin Rudbott and
Bob Kalmer are both running as candidates in the 2013 federal election forthe seat ofTangney. Mr Rudbott is the favourite to win the seat,
being the leader ofthe major political party RUP (Rudbott United Party), while Mr Kalmer is running as an Independent. The two candidates
are invited by Murdoch University to appear at a Candidates Debate which is held before a capacity crowd in the Beazley Lecture Theatre.
day before the debate Mr Rudbott released his key economic policy, promising the establish the RUP Economic Rationalist Taskforce (RUPERT)
if elected to find ways of cutting billions of dollars from government spending. Although Mr Rudbott emphasised that no particular cuts had
been decided upon, some commentators speculated that University funding was one area that would be heavily cut under a RUP Government.
Murdoch University Debate began in a relatively civilised fashion, however began to degenerate when the topic turned to RUPERT. Mr Rudbott
claimed that Mr Kalmer lacked fiscal discipline, that he was “addicted to spending taxpayers money” and that he was “an economic girly
man who lacks the guts to make the tough decisions”. Mr Kalmer responded by charging across the stage, shouting “I’II show you who’s
a girly man” and punching Mr Rudbott in the face. Mr Rudbott appeared to be stunned for a moment, but then launched himself at Mr Kalmer
and managed to land a number of punches on his body and face before his media advisor, Stewart Colbert, managed to pull him away and started
to hustle him out ofthe room.
As they were half-way up the stairs and heading towards the exit Serena Patchouli (a Murdoch student who had
founded the People’s Protest Party a few months earlier) jumped up from her seat at the back ofthe room and fired a tear gas canister
towards Mr Rudbott, all the while chanting “Cuts to education make us cry!” Seeing the object flying towards Mr Rudbott, Mr Colbert
threw himselfin front of his boss and was hit on the head by the canister. RUP supporters immediately surrounded Mr Rudbott and Mr Colbert
and helped them out ofthe lecture theatre and into a waiting car.
As a precautionary measure two uniformed police officers had been invited
to attend the event to make sure nothing got out of hand. They immediately approached Ms Patchouli, who managed to knock one ofthe officers
over as she tried to escape past them and run out ofthe room. The police officers arrested Ms Patchouli and took herto the local police
station for questioning. Ms Patchouli told them that she had smuggled the tear gas canister (and the gas gun that she had used to fire it)
past security and into the venue with the intention offiring it at Mr Rudbott and “causing him to cry the tears and feel the pain that
all students will feel when he cuts education funding”.
LAW130 Criminal Law & Procedure Semester2, 2013
Once the RUP team had left the
venue Mr Rudbott suggested to Mr Colbert that they should go to the nearest hospital just to make sure that none oftheir injuries were
serious. Mr Colbert argued vehemently against this, suggesting to Mr Rudbott that they would look weak to voters ifthe media caught them
running offto the hospital. Mr Rudbott agreed and the two men had the drivertake them to their respective homes.
Mr Kalmer did decide to go to the hospital after leaving the University. The nurse at the Emergency Department confirmed that he had a broken nose, however assured
him that it would heal naturally (although it would most likely always look a little “wonky’) and that no medical treatment was required.
When Mr Rudbott appeared on the morning television shows the next day he was sporting a black eye, which he said has been caused by Mr KaImer’s punch. He joked that the black eye was proofthat he would “stand up and fight”forthe voters and that while he wasn’t scared of Mr Kalmer, he was scared ofthe damage that his “economic girly man” policies would do to the country.
When Mr Colbert didn’t show up to work the next day Mr Rudbott had another staff member go around to his house to check on him. They found Mr Colbert dead on the floor of his living room. A subsequent autopsy concluded that he had died from head injuries sustained after being directly hit by the tear gas canister. The autopsy also noted that his death would almost certainly have been avoided if Mr Colbert had sought immediate medical attention for his injuries.
Discuss the criminal liability ofTovin Rudbott, Bob Kalmer and Serena Patchouli under
the Criminal Code (WA). Do not consider defences.