Fallas vs Morllas Case Study

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INTRODUCTION The following report is a description and analysis of case Fallas v Mourlas [2006] at Supreme Court of New South Wales- Court of Appeal Decisions. The incident occurred during a spotlighting Shooting recreational activity where Mr. Fallas accidently shot his friend Mr. Mourlas in the leg while trying to unjam a loaded gun. Just like any case in court, the plaintiff and the defendant’s lawyers presented arguments in order to defend their clients. The reason for the arguments was based upon government laws regarding danger in recreational activity, shadowing cases involving similar accidents in the past, facts leading up to the incident and contextual evidence. FACTS * Fallas (the defendant) and Mourlas (the plaintiff) were with two other friends on a nocturnal spotlighting recreational activity. * The purpose of the activity was to hunt for Kangaroos. * Mourlas was assigned the responsibility of holding the torch and driving the car while the other three members were responsible for either shooting the kangaroo or locating one on foot or inside the vehicle. * Fallas consumed alcohol on the night of the shooting but the intoxication level was not verified. It is believed that he did not drink excessively as to impair his cognitive and/or motor skills. * Fallas possessed a loaded gun for shooting the kangaroo and was on foot initially while Mourlas was inside the car shining torch for visibility. * Fallas claimed he had a shooting licence and was competent in operating a weapon. * Upon unsuccessful attempt at finding a Kangaroo, Fallas returned to the vehicle with his gun and began to unjam it. * Mourlas expressed his concern over Fallas fiddling with the gun inside the vehicle and asked him to step outside the car multiple times of which Fallas refused and reassured his competence and claimed the gun is unloaded.

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