Running head: CRIMINAL LAW
Name of the Student
Name of the University
1 CRIMINAL LAW
The topic that is to be di …
Running head: CRIMINAL LAW
Name of the Student
Name of the University
1 CRIMINAL LAW
The topic that is to be discussed is considered to be the Lindt Caf Ã©Siege which was a
terrorist attack that had taken place on December 15-16, during the year 2014 where alone
gunman held ten customers along with eight employees as hostage at the Lindt chocolate
Caf Ã©.Prior to the incident there was an anonymous call made to the anti-terrorism hotline in
Australia which raised the concerns on Monis who was the gunman by stating that his
allegiance was to an Islamic state leader. Due to this the call was followed up through the
reviewing of the website as well as posts of the gunman in social media but there was nothing
that indicated the commission of any violence. This particular siege took place in the Lindt
Chocolate Caf Ã©which was in the APA Building in Martin Place, Sydney which was located
in Australia and it was asixteen-hour standoff and subsequently, after such agunshot was
heard where hostage Tori Johnson was killed by the gunman and another hostage Katrina
Dawson was killed through apolice bullet ricochet during the subsequent raid. However, the
gunman was also killed and three other hostages along with the police officer was supposed
to injured through the police gunfire (Scott, 2020). Thus, this particular case study is
supposed to help in determining several factors that are important in identifying an offence in
criminal law. This particular paper would also focus on alesson in murder article.
The three primary functions of acoroner is considered to enable the investigation of
certain kinds of deaths for determining those as the identities of the deceased persons. They
are also considered to discuss about their date of deaths and times in amanner that would
help in detecting the time of death of the individuals. The coroners would also have to
investigate any kind of fires as well as explosions as a part of destruction or damage of
property as such would be ordered by the State in order to comprehend and analyze the
2 CRIMINAL LAW
causes as well as origins of the circumstances. The coroners would also have to make certain
recommendations in connection with the matters to create an inquest or inquiry for including
recommendations that would be concerning public health as well as safety of the
investigation for review of matters by the individuals and bodies.
The investigators can gather demonstrative evidence along with the documentary
evidence and testimonial evidence. It can be understood from the Lessons in Murder case that
there was demonstrative evidence along with documentary and testimonial evidence but such
were supposed to be removed through the fact that the perpetrators or the offenders carried
the bodies to the garage which was supposed to be attached to the house and this was
considered to create an obstruction of justice as they aimed at removing the evidence as a
crime (Paterson et al. 2018). On the other hand, in case of the Lindt Caf Ã©case study, the
investigations were based on demonstrative evidence and the deaths had been identified
where the preferred charges against the perpetrator had been provided but he died during the
siege. However, the nature of the evidence was considered to be through real-time objective
where the history of the offender was supposed to be determined as such was substantially
challenging and along with such politically sensitive through the factual and theoretical
matrix. Thus, the critical-incident investigation was supposed to offer certain documentary
evidentiary statements as well which was supposed to commence the investigation in amore
constructive direction regarding the gravity of the offence.
The NSW police was considered to exercise their powers in the Lindt Caf Ã©siege as
the NSW government after such tried introducing laws by the end of the month in order to
legally protect the police if they pre-emptively shot aterrorist dead. However, these changes
3 CRIMINAL LAW
were supposed to be prompted through the coronial findings where the police had the power
to shoot aterrorist dead (Van Der Walt, 2020). On the other hand, the police were able to
discover certain things and obtain information about the offenders in Lessons in Murder
article but they could not exercise their crime-scene powers completely as they were only
given the option of investigating within the crime scenes. As per Section 95, it can be stated
that, the police have the power to direct an individual to leave the crime scene and along with
such remove the vehicle or any vessel as well as aircraft from the crime scene. In addition to
this, they have the power to perform necessary investigation that would involve searching for
any evidence in the crime-scene after the commission of the offence (Morgan and Jorna
2018). Furthermore, they would also have the power to seize and along with such detain the
evidences and they can direct the occupier of the premises to be involved in the management
as well as control of the premises to maintain the supply of electricity. The above-mentioned
points were present in the case study in question during the investigations.
In case of the Lindt Caf Ã©,the person responsible for the crime was considered to be
Man Haron Monis and he was supposed to be an Iranian born refugee who was an Australian
citizen (Underabi, 2020). He took the hostages in asiege at the Lindt Caf Ã©in the year 2014
even though he had awarrant out for his arrest. He was diagnosed with schizophrenia and he
had to modify and along with such alter his name for security reasons (Scott, & Shanahan,
On the other hand, the offenders in A lesson in murder article were considered to be
David Weightman and Terry Donai. David was supposed to be adopted into the Weightman
family and he was not extraordinary in his formative years. However, in the months that were
lead up to the murders he was considered to be intimated by his friends regarding the loss of
4 CRIMINAL LAW
his parents suddenly for asubstantial amount of money. This was supposed to create abasis
for his act and he informed Terry Donai about such afterwards. Terry Donai was supposed to
be living at several addresses in the inner city as well as southern areas and it was found that
he shared aclose bond with his mother. However, after having acriminal record he started
getting the thrill of committing crimes and this created an opportunity for him to commit yet
The primary law enforcement agency was considered to be the police of NSW Sydney.
It was found that the police commissioner stated that the Lindt Caf Ã©siege was supposed to be
simplistic and unrealistic. The criminal justice system along with the NSW government and
the coroners were supposed to be associated with the siege.
In the article for alesson in murder, the NSW Department of Health along with the
NSW police and the government as well as the coroners were involved in identifying and
assessing the bodies through proper investigations.
There were three hostages who were shot in the leg during the Lindt Caf Ã©siege. Caf Ã©
Manager Tory Johnson was killed at the siege. Johnson was considered to be amanager who
was kept alive by her partner after her death in the siege and she was supposed to be back in
Australia after her three-year stint overseas. She was working at hotels in the US and
Maldives before this incident (Kotonya, & Toni, 2019).
The article focusing on alesson in murder was considered to have victims in the name
of Pamela and Bill Weightman. They were brutally murdered. They were ahardworking and
affluent couple. Pamela Weightman was supposed to have a close and loving relationship
5 CRIMINAL LAW
wuth Margaret Urwin who was her sister. She had immigrated to Australia with her husband
and son David. The murder was supposed to be gruesome and such left everyone in shock.
The law enforcement agency or the police were considered to have courtesy as well as
compassion and respect for the victim â€™sfamilies and provide them with information about
services as well as remedies. They are also obligated to offer investigation information about
the crime and the trial process regarding the role of awitness.
The actus reus of the offender Man Haron Monis from the Lindt Caf Ã© siege was
considered to be taking eighteen individuals as hostage and along with such the killing of the
manager Tory Johnson as she was shot by him in the siege. This was supposed to show his
actus reus. However, the intention or the mens rea of the crime was to create terror as he had
tried to instill fear among the individuals by killing ahostage (Son, 2018).
On the other hand, it can be understood that David Weightman and Terry Donai from
alesson in murder article committed the crime of killing Weightman â€™sparents by putting a
pillow on Bill â€™sface and pinning his body down. Subsequently, after killing both Pam and
Bill they put the bodies in the car and drove the car onto afreeway. This was supposed to
prove the actus reus of the crime. The intention or the mens rea of the offenders was
considered to be regarding the money and the assets.
Thus, the physical acts and the guilty mind was considered to be relevant because
these were required to commit murder and such was found. With proper evidentiary
statements, the case could stand strong as the convictions would have been genuine.
6 CRIMINAL LAW
Coroners Act 2009.
Kotonya, N., & Toni, F. (2019, August). Gradual argumentation evaluation for stance
aggregation in automated fake news detection. In Proceedings of the 6th Workshop on
Argument Mining (pp. 156-166).
Law Enforcement (Powers and Responsibilities) Act ,2002.
Morgan, A. and Jorna, P., 2018. Impact of ballistic evidence on criminal
investigations. Trends and Issues in Crime and Criminal Justice ,(548), pp.1-16.
Paterson, H.M., Van Golde, C., Devery, C., Cowdery, N. and Kemp, R., 2018. iWitnessed:
Capturing contemporaneous accounts to enhance witness evidence. Current Issues in
Criminal Justice ,29 (3), pp.273-281.
Scott, R. (2020). The Sydney Lindt caf Ã© siege: The role of the consultant
psychiatrist. Australian & New Zealand Journal of Psychiatry ,54 (3), 244-258.
Scott, R., & Shanahan, R. (2018). Man Haron Monis and the Sydney Lindt caf Ã©siege â€“Not a
terrorist attack. Psychiatry, psychology and law ,25 (6), 839-901.
Son, C. (2018). The role of technology in framing and agenda setting in contemporary
Australian media: Reporting the Port Arthur massacre and Lindt caf Ã© siege (Doctoral
dissertation, University of South Australia).
Underabi, H. (2020). â€œBackstage â€ Responses to the Sydney Siege: A Case-study of the
Sermons Delivered in the Mosques of Sydney in the Aftermath of the Incident. Journal of
Muslim Minority Affairs ,40 (2), 235-254.
Van Der Walt, L. (2020). The Lindt Caf Ã©Siege: A forensic reconstruction. Pathology ,52 ,
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