Hi, I just wanted help determining what charges would be laid against Marcel, Karsten and Sidney and what defences are available? I think Sidney is manslaughter so I'm not too worried about her but I'm really confused as to who to charge for Trevor's assault since there is some uncertainty as to who attacked Trevor. Thank you!!

Fact Scenario:

Armando, Marcel and Karsten were friends, flatmates and sometimes workmates. They all did casual work as builder's labourers and sometimes worked on the same construction site. The three men all socialised together frequently, and generally got on well with each other. About 6 months ago, Armando and Marcel had started using 'ice' (crystal methamphetamine). They acquired their drugs from a variety of sources, but the person they turned to most often was Sidney. They were regular visitors to Sidney's house, to pick up drugs and pay what they owed - usually at the time same time, but not always. They sometimes got into debt and Sidney, depending on her mood (and the state of her own finances), would either give them more 'ice' and add it to their bill, or refuse to give them any more drugs until they paid up what they owed.

At 6.30pm on 22 July 2021, police and ambulance arrive at Sidney's house following a 000 call from a neighbour in the street. They find: a deceased male on the floor just inside the front door - later identified as Armando; an unconscious male on the bed in the main bedroom - later identified as Trevor; and a room that was locked from the outside, but missing a key.After breaking down the locked door, they find Sidney sitting on the floor in the corner of the room, crying, with a handgun on the floor next to her.

Trevor is taken to hospital, and Armando's body is taken to the morgue. Sidney is arrested. An autopsy establishes that Armando died from a single gunshot wound to the back of his head. The bullet is matched to the gun found beside Sidney.

Trevor is assessed as having concussion, two broken ribs and a collapsed lung. The last of these injuries is complicated by a pre-existing condition: chronic obstructive pulmonary disease. He spends 6 days in intensive care and makes a full recovery from his injuries.

Based on a neighbour's description (including registration plate) of the car they drove off in at approximately 6.15pm on 22 July 2021, Karsten and Marcel are identified and arrested at their home on 23 July 2021.

In a police interview with Detective Senior Constable Talou on 23 July, Karsten denies ever entering Sidney's house:

I don't know why I even went with them that night. I had a funny feeling those two were planning something other than shopping, but I shook it off.

I've never smoked ice in my life and I never will. And I've never hit anyone, let alone do what those two did. When they went into Sidney's house I sat on the front step. A few minutes later I hear the gun go off and then Marcel comes running out the front door. I just ran with him to the car and we drove off.

Karsten also tells the police that about a month ago, Marcel had started expressing dissatisfaction with the quality of Sidney's product and her prices. This usually happened when they were sitting around in the flat, drinking beer. Karsten tells the police:

One time, while we were sitting there, all pretty drunk, Marcel sent a text to Sidney that said 'I hope you know you can never relax. Not sayin' when, but one day ....'. I remember the exact words because when Marcel said he had sent it, Armando and I both said, 'Bullshit. You haven't got the guts.' So he stood up, walked over to the couch where we were sitting and showed us his phone. Sure enough - he'd sent it. I can remember2 or 3 other times when he sent messages like that to Sidney. But then again, Marcel was always sending people nasty texts when he was drunk. I never thought he was serious - just blowing off steam. But I guess you never really know a person do you?

In a police interview with Detective Sergeant Thompson on 23 July, Marcel says:

Yesterday afternoon [22 July 2021], Armando phoned and texted Sidney a bunch of times to arrange to buy some ice, but she didn't answer his calls and didn't reply to his texts. I said to Armando, 'Fuck it, let's just drive over there and knock on her door. She'd be stupid to turn us away.' Armando agreed. As we were preparing to leave our flat, Karsten said 'Where are you two off to?' With a big grin on his face, Armando said, 'We're going shopping. Wanna come?' Karsten said he was sick of being stuck inside and so, yes, he'd come with us. His actual words were, 'Sure. I'm game for whatever.' We left the house at 5.40pm and drive to Sidney's house, which is about 20 minutes away.

Marcel admits that they knocked on the door of Sidney's house, but then refuses to answer questions about what happened inside Sidney's house. When he is told what Karsten said in his police interview, Marcel deviates from his 'no comment' answers. He says: "You can't believe a word that bloke says. Everyone thinks he is a such a goodie-goodie. That's bullshit. He has a crazy temper. I've never seen a dude that angry. I still don't know what set him off that night, but wow, he really went off. I've said enough. I'm shutting up now."

In her police interview with Detective Sergeant Thompson on 23 July, Sidney confirms that she had previously received a series of angry texts from Marcel. On the events of 22 July, she gives the following account:

It was about 6pm when I heard knocking on the front door of my house. I was home with my boyfriend, Trevor. The knocking was loud and long, and we weren't expecting anyone, so we walked to the door together. When we answered the door, I saw two guys I recognised, and one I'd never seen before. One of them grabbed me and pretty much carried me into the room that I use as an office. It has an external lock on the door. You've gotta have security in the work I do. He chucked me in there and locked the door. I couldn't hear anything for a couple of minutes and then I heard shouting and screaming and banging and then everything went silent again. Then I could hear footsteps. I was scared. And I was angry. How dare those fucking pricks barge into my house! And one of them was the little fucker who'd been trying to scare me with his stupid text messages. Imagine if all my clients thought they could just waltz in to my joint whenever they wanted!So, I was scared, I was angry - and I was also worried. I didn't know where Trevor was, or whether he was OK. Anyway, with all these thoughts in my head, I grabbed a handgun that I keep in the room. I raised it and I just fired at the door. I pulled the trigger three times. I don't know what I was thinking. I just wanted to get out of there. Next thing I remember the cops were breaking down the door.

In a police statement taken by Detective Senior Constable Talou on 29 July 2021, Trevor says:

I don't really remember too much of what happened. Those guys just kinda burst through the door when we opened it. I tried to help Sidney, but those guys were huge. One of them tackled me and dragged me into the bedroom. I curled up and tried to protect my face with my arms - so I couldn't see much. The punches just kept coming - to my head and my chest mostly. I think it was just one guy hitting me, but I really don't know.