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Braden Thomas (age 50) and Michelle Hardy (age 19) are on trial for the murder of Patricia Thomas (aged 46). The Crown case is that

Braden Thomas (age 50) and Michelle Hardy (age 19) are on trial for the murder of Patricia Thomas (aged 46). The Crown case is that Braden Thomas murdered Patricia Thomas in July last year in order to marry Michelle Hardy. Braden Thomas was a swimming coach and met Michelle through coaching her swimming team. The Crown alleges that Thomas and Hardy commenced a sexual relationship in January of last year. She moved into the Thomas' home and was cohabiting with Braden and his wife. At trial, the Crown argued that over a period of several weeks there had been escalating violence in the family home, starting with arguments but ending in a physical fight between Patricia Thomas and Michelle Hardy. Police were called to that incident by concerned neighbours. A caution was issued to Thomas and Hardy at that stage, but no charges laid. The following day Braden Thomas made a 000-emergency call where he said "I've stabbed my wife. I think she's dead." Patricia Thomas was found dead on arrival by ambulance officers. During the subsequent investigation, Thomas told police that he and Patricia had a heated and "vicious" argument, which culminated in a physical fight in the kitchen. Thomas stated that Patricia had picked up a knife and attempted to stab him with it, but that he had managed to grab her arms and prevented himself from being stabbed, but in the melee that followed Patricia suffered a stab wound to the groin which caused massive and rapid blood loss. He claimed he was acting in self-defence. The Crown prosecutor is also alleging that Michelle Hardy is guilty of murder as she was acting in concert with Braden Thomas. The Crown is relying on evidence that Patricia Thomas had, in fact, been drugged on the night she died. This was confirmed by a toxicology report, which indicated that Patricia Thomas had been given a heavy sedative that evening. The police investigation had confirmed that Hardy had purchased a sedative from a local chemist using a forged prescription. Hardy did not give evidence at her trial. The Crown case was that Hardy had either assisted Braden Thomas as an accessory before the fact or had put the sedative in a drink and given it to Patricia Thomas. There was no evidence that Hardy was involved in the stabbing itself.

Discuss whether Braden Thomas can rely on self-defence. (Use relevant law and NSW, Australia and state the Acts involved)

On what basis could Michelle Hardy be liable for murder on these facts? Give reasons in law and use relevant Acts in NSW, Australia for your answer.

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