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Recommended Charges: Bergen And Otto

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ADVICE MEMORANDUM TO: Ms. Justice, Supervisor FROM: Stephen Kuoch, Intern DATE: Thursday, 25 April 2024 RE: Recommended Charges – Bergen and Otto. SUMMARY Ms. Justice, you instructed me to examine the working brief on a case investigated by Detective Holmes and provide you with this memorandum of advice which recommends a criminal charge for the suspects: Hunter Bergen (‘Bergen’) who caused the death of Alan Knox (‘Knox’). Second, Ryder Otto (‘Otto’) who caused the death of Zac Gilbert (‘Gilbert’). and accused of stalking Abigail Tran (‘Tran’). Although some overlap exists between parties and locations where the offences occurred, each element of potential criminal liability will be examined independently. Bergen and Knox (negligent manslaughter). …show more content…

Relevant Evidence The text messages sent to Tran are the only evidence reliant on prosecution. Although anonymous to Tran, Constable Holmes later identified and informed Tran it was Otto who sent the messages. 3 Legal issues Whether Otto intentionally engaged in a course of conduct which intended harm to Tran in contravention of Crimes Act 1958 (Vic) s 21(a)? 4. Law Actus Reus (a) Course of Conduct (i) Engaged in course of conduct Defendant must engage in a 'course of conduct', or pattern of conduct with 'continuity of purpose'. The ‘Course of conduct’ requires acts, at minimum, to be committed more than once, however, surrounding circumstances must be taken into account to constitute the pattern of conduct. Otto engaged in the acts over four days, the initiating act was sending a text message to Tran with the purpose of causing Tran to break up with her new partner and be with him. When Tran rejected the request, Otto ‘continued’ the acts and the ‘purpose’ was then to invoke fear in Tran as retribution for rejecting his offer of a date. Continuity of purpose must be targeted at a particular victim. Otto targeted his actions specifically at Tran. b) Conduct described in ss21A(2)(a)-(g) Otto engaged in the conduct of ‘contact’ by sending text messages to Tran. First, for Tran to break up with her new partner. Second, why are you so mean to me? You've ruined my life, and now I will ruin yours." Third, ‘Stop crying’. Trust me, tears won't help you. I know where you live. You can't hide from me.’ Otto engaged in ‘loitering’. He sat at the table next to Tran and Walker in the kitchen at work. Per Nadarajamoorthy, it was not sufficient for Otto to simply be at the place, but requires 'lack of purpose'. Otto sat and simply asked ‘Hey, what's going on?’. Otto engaged in ‘making threats’. You've ruined my life, and now I will ruin yours, and I know where you live. You can't hide from me. Mens Rea (b) Intention or Apprehension or Likely cause harm (i) Intention. Defendant

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