Marie is in her early 20s and passionate about climate change. Her protest methods involve vandalism, property damage, trespass, and unlawful entry, and this is well known to her friends. One day, Marie visits her friend Dave who is an apprentice locksmith, and tells him that she lost her electronic keycard, and that her work will be furious, but she's managed to borrow one from a friend and just needs him to make a copy. Dave has equipment that can do this.

Dave says, "I thought you were working at the caf. Did you get a new job?"

Marie replies, "I always have a job, Dave. My job is social justice."

Dave recognises that the keycard and code is for the NT Supreme Court, and asks Marie, "Hey, what's this really about?"

Marie says, "One day your kids will ask you what you did to save the world. What kind of answer do you want to give them? Anyway, you know I never hurt anyone."

Dave agrees to duplicate the keycard.

That night, Marie and her friend Ruth use the keycard to sneak into the Supreme Court where a controversial mining project has recently been heard. Ruth owns the sharehouse where Marie lives and is effectively her landlord. Marie has a can of spray paint and they have a plan to spray paint the words 'Climate justice?' on the walls in the foyer. However, when they get to the court building, while they are still in the public area outside the building, Marie decides the whole plan is too risky and they'll get caught.

Ruth is not happy about this and tells Marie that if she's not committed to this she doesn't want her living in the house anymore. She threatens to kick Marie out. Marie has had a lot of trouble finding safe, stable accommodation and is seriously worried about being homeless again. Marie decides not to risk it. She uses the keycard to open the door to the Supreme Court. Once inside, Marie assists Ruth to spray paint a 'Hitler' moustache on the portrait of the judge who made the decision and spray paint the words 'Carbon fascist' on the wall underneath.

a) Marie is arrested and charged under ss 221 and 241(1) of the NTCC. Discuss whether she has committed these offences. Consider also the availability of the defence of duress. Note that you must refer ONLY to provisions of the NTCC covered in this course. Any references to Part II or laws from other jurisdictions will be marked wrong:

b) Dave is charged with s 221 on the basis that he aided and abetted the commission of the offence. Provide advice to Dave. Note that you must refer ONLY to provisions of the NTCC covered in this course, meaning those that apply to Part IIAA offences. Any references to laws that apply to non-Part IIAA offences or laws from other jurisdictions will be marked wrong: