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Question: i need your help with following criminal law advice below...

Question details

I need your help with following criminal law advice below:

1.         Follow IRAC for each potential charge – Issue, Rule, Application, Conclusion

2.         Issue – Identify the relevant charge or charges that apply in this case and the elements that must be made out.

3.         Rule – Identify the statutory or common law rule(s) to consider in deciding whether the charge(s) can be established (the relevant law).

4.         Application – Apply the relevant law to the material facts. Analyse the material facts and resolve any relevant ambiguities.

5.         Conclusion – Present an informed opinion on your reasoning.

 Problem issue:

Tom and Durea are good friends who frequent the ‘Railway’ bar in Eldor after work.

The Railway bar is an old two-storey hotel on the main street in Eldor.

On a Friday night in January of this year, they were drinking for some time together when they both decided to see who could hang out the longest on the outside of the verandah railing on the second storey. This involved climbing over the railing and standing on the weathered timber edge of the verandah over the street below. They agreed to help each other to get their balance on the outside of the railing before leaning out over the street.

Tom went first and was supported by Durea to climb over and to steady himself before attempting to lean out over the street. He was still being held by Durea when Durea pretended to let go – allowing Tom’s arm to slip within Durea’s grasp momentarily. Tom felt as though he was going to fall to the street, and he reacted angrily saying ‘You could have killed me!’ and ‘I’ll get you for that.’  Durea said, ‘I was just joking’ and helped Tom to get back over the verandah railing.

Durea agreed to take his turn and climbed over the railing. Durea was quite unsteady and needed support. Tom decided to teach Durea a lesson and proceeded to give Durea a ‘fake push’ whereby he meant to push and at the same time grab Durea to give him a fright. However, when he did this, he was not able to grab hold of Durea and Durea fell to the street below. Durea suffered severe life-threatening injuries in the fall and lay sprawled on the street below. Within moments, a car that was being driven erratically by a drunken driver sped past the Railway bar and the driver ran over Durea as he lay on the street. The impact with the car killed Durea.

Advise on the possible charges that might be laid against Tom.

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