Question 1.
Imagine that s25 of the TAFE Education Act 2002 in your jurisdiction makes it an offence 'to bring heroin, cannabis, cocaine or any other drug onto a TAFE campus'. The Education Minister said in parliamentary debate that s25 was introduced to prevent dug trafficking on TAFE campuses.
Explain how the common law and statutory rules of interpretation could be applied to the following situations;
(a) Winnie is caught by a security guard as she is licking white aspirin powder. According to the Macquarie Dictionary, aspirin is a drug. Would Winnie be guilty of the offence.
(b) Cisco is caught with his methadone dose that has been legally prescribed from him. Would Cisco be guilty of the offence.
Question 2
Pratha approached Daniela, an accountant, and asked her advice as to the financial position and profitability of a business that Pratha was considering investing in. Daniela prepared a report for Pratha and concluded that it would be a profitable and secure investment. In preparing the report, Daniela overlooked the fact that the business had not provided sufficiently for bad debts. Pratha invested his money in the business, but within 3 months the firm was in serious financial difficulty and Pratha lost the bulk of his investment.
Does Pratha have a claim against Daniela? Explain in detail outlining the elements of negligence and the relevant case law.