LLW1001: Criminal Law - Law Assignment Help

Facts:

You are a criminal lawyer who has been contacted to provide advice and guidance on potential charges concerning 4 individuals: Taco Bill; Ronald Mac; Dom Piz and The Colonial.

All four individuals have been advised accordingly that charges are to be laid against them in the coming days.

The facts are as follows:

a. Taco Bill (“Taco”)

Taco is a 23-year-old single male. He is: a bi-sexual; a non-smoker; does not drink; and never takes drugs.

Taco decided to ‘hit the town’ one Friday night at his favourite spot the ‘Retro Nightclub’ on Lonsdale Street in Melbourne. Around 9pm, Taco approached a male by the name of Johnny. Taco is attracted to his fit physic and decides to grope his backside.

Johnny is taken back by this. He then says: “Man, what do you think you are doing? Get outta of my face before I knock you out”.

Around 8am on Monday morning, the Victoria Police knock on Taco’s door. Taco allows them to enter. At this point in time, they explain to Taco that they would like to take him down to the police station for questioning in relation to an incident that occurred at the Retro Nightclub.

Taco agrees to accompany the officers after he has called his lawyer (you).

b. Ronald Mac (“Ron”)

Ron paid over $50,000.00 for an overseas retreat. However, it was soon discovered that he was scammed and had therefore lost all that money.

A friend of Ron’s somehow discovered who this scammer was and where they resided. They inform Ron who decides to pay this person a visit and ‘teach them a lesson’.

After monitoring the residence, he discovers that the scammer is small in stature and lives alone. Ron is confident that he can confront this person alone without fear of appraisal or being seen.

Ron comes back the next day around 7pm with a small rolling-pin concealed under his jacket. He knocks on the door. Upon the scammer opening the door, Ron quickly pushes them to ground and then shuts the door. At this point, he pulls out the rolling-pin and whacks them across the head causing them to become dazed. After a quick scope of the premise, Ron discovers that no-one else is inside. He closes the blinds and then heads back to the scammer. He then says: “No one steals money from me. I’m going to teach you a lesson and you will never walk again”.

Ron repeatedly hits the scammer with the rolling-pin. He targets the scammers entire body. The attack last around 45 seconds. As Ron leaves, he says: “Let this be a warning to you”.

The neighbour had heard the attack and had called the police. The Police arrive and notice the scammer lying unconscious on the floor. They call an ambulance, but the scammer dies on the way to the hospital from the injuries sustained from the attack.

CCTV footage from the neighbour positively identifies Ron, and after some days pass, the Police locate, arrest and take Ron into custody

c. Dom Piz (“Dom”)

Dom is: a non-drinker; is anti-drugs; and a fitness fanatic.

One weekend, she is with her friend Reddy Rooster at her farm in Ballarat.

Dom starts bragging to Reddy how good she is at shooting her rifle – a Winchester 22. Dom insists on showing Reddy how good she is. At this point, she convinces Reddy to walk 10 meters from her and balance an empty beer bottle upon her head. Dom then says that on the count of three, she will shoot the bottle clean off Reddy’s head without incident.

Dom counts to three and then pulls the trigger. Unfortunately, she misses the bottle and instead shoots Reddy in the temple, causing Reddy to die instantly from the shot.

Dom calls an ambulance. They in turn call the Police who arrest Dom and take her into custody.

d. The Colonial (“Col”)

Col is out with friends late one night. They were frequenting various bars and establishments. Col and his friends eventually settle at the Royal Melbourne, where they confine themselves to the back left corner – right near the back bar.

Col notices an individual by the name of Sob Wey (“Sub”) looking at him. Shortly after, both Col and Sub walk towards the back bar to order further drinks. Upon reaching the bar, Col decides to break the ice and say to Sub: “Hey, how is your night going mate”. Sub responds: “I’m not your mate, Pal. Talk to me again and I will smack you in the head”. Col, a mild-mannered individual, smirks and looks away back to the barman to order drinks.

Sub, who is little intoxicated and hot-heated, walks up to Col and says: “Want to take this outside?” Col responses: “Get stuffed you jerk”.

Sub then goats Col about his appearance, his mother, his sister, etc. At this point, Col tells Sub: “OK. Let’s do this”.

Col and Sub go outside, and a fight commences. Unbeknownst to Sub, Col could handle himself - having spent many years training as a kickboxer and in other areas of martial arts. 30 seconds into the fight, Col lands a punch square between Sub’s eyes. Sub collapses and dies shortly after from internal injuries.

An ambulance and Police are called. Col is taken into custody.

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