Criminal Law and Procedure - Richard Case Study - Law Assignment Help

Assignment Task:

Criminal Law and Procedure 

Assignment 

The word limit is 2,000 words, footnote included. Use OSCOLA for footnote reference. 

Question: 

Richard is a 50-year-old man. He was born in Hong Kong and educated to F.5. He had to leave school early because his family could not afford his studying fees. He is divorced and has two daughters aged 10 and 12 years old. His ex-wife and the two daughters are living in the Mainland. After the divorce, Richard became a hot-tempered person. Richard is currently living with his 70-year-old mother in Kwai Chung Tsuen. Richard has no other family member. He has no previous criminal conviction and now earns HK$9,000 per month.

Richard and Toby are colleagues working in a garment factory in Kwai Fong. At about 12:30p.m. on 19th August 2019, Richard was queuing for food inside the canteen of the factory, but Toby jumped the queue in front of Richard. Richard became frustrated and shouted at Toby loudly on her ears to scare her. Toby was very frightened by this. David, Toby’s boyfriend, heard Toby’s scream and acted violently by aiming a blow at Richard’s head with his fist but the blow missed. Richard was hit David’s head with a chair he picked nearby. David’s right eye was heavily bleeding and was sent to the hospital immediately. Toby tried to intervene but was pushed by Richard. Toby’s lip was bleeding and her legs sustained bruises. She also sustained psychiatric injury due to her fear. After surgery on David, it was discovered that the broken glasses got into the eyeball of David, and David will be permanently blind.

The staff in the garment factory immediately called the police at 12:45p.m. Richard was arrested by the police and brought to the police station nearby. Although PC12658 told Richard to make a statement promptly so that he could be released, Richard remained silent throughout. The police decided not to grant police bail and brought Richard to the Magistrates’ Court on 20th August 2019.

Question 1(a)

Advise the Department of Justice on the appropriate charge against Richard and the appropriate jurisdiction for the case to be heard in trial.

Question 1(b)

Assuming Richard is now charged with your suggested charge(s) as answered in Question 1(a) above.

You are counsel representing Richard for his first appearance at the Magistrates’ Court on 20th August 2019. Prepare a bail application submission for Richard.

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