John Case Study - Two Elements of a Crime - Law Assignment Help

Assignment Task :

Criminal Law Case Study

John is the new restaurant manager of Packo restaurant.  Everything is going well until month-end stock take and the inventory reconciliation when John detects some inconsistencies. John then decides to closely observe staff and keep tight control of stock. John notices that Tim, at the end of the shift, always goes out with a very bulky backpack and the inventory is still not reconciling. At this point, John decides to check the cameras and notices that Tim actually picks up bottles of alcohol from storage and puts them in his backpack taking them away with him. John decides to confront Tim at the end of his next shift, which happened to be a busy Friday night, by asking him to open his backpack and show him the contents. Tim refuses to comply with this request saying that it is an intrusion to his privacy and begins to insult him and pushes him in front of all the staff and customers forcing John to immobilize him by hitting Tim in the face and forcing him to the ground in a gridlock. At this point, John decides to ask a staff member to contact the Police. When the Police arrive, John shows them the recordings and asks them to search Tim. Tim gets caught with the bottles in his backpack. Tim is fired immediately by John. The Police take statements from both John and Tim and the witnesses. No charges are laid that night.

It was not a good weekend for John. On Saturday evening, there was a group of ten rowdy drunken customers. The waitress refused to accept any further orders of alcohol from the group. One member of the group, Alan, started abusing her very loudly. A customer on the next table called Jackson, who was part of a group of six people, came to her defense and told Alan she is only doing her job refusing you more alcohol. Alan got even angrier and hit Jackson and punches started flying between the two groups for about 10 minutes until they were pulled apart. There was broken furniture, people from both groups had cuts and bruises and two people had to be taken to hospital with broken limbs.

Tim on Saturday decides to take revenge on John and the restaurant by showing up early Sunday morning smearing the windows with writing. However, the cleaner is on the premises and the cleaner tries to stop him. Tim hits him and pushes him into the wall and he hits his head badly when he hits the ground. The cleaner ends up dying from the injury.

Questions:

1. What is criminal law and list all the factors involved?

2. List and briefly describe the types of crimes there are?

3. What crimes are present in the case study? Describe the type of crime and why it is a crime.

4. What are the two elements of a crime? What happens if one element is not present? Do you think both elements are present in the crimes in this case study identified in question 3?

5. List and describe defences that are available in criminal law.

6. For the crimes in this case study identified in question 3, are there any defenses available for the person committing the crime? If so what defense and why?

7. For the brawl that took place on Saturday night what should John and his staff do and why? What can John do about the broken furniture and the destruction and disruption to the restaurant?

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