Posted: January 10th, 2024
LAW2050 CRIMINAL CODE ASSIGNMENT #2
LAW2050 CRIMINAL CODE ASSIGNMENT #2
You are to complete comprehensive answers to the two questions below. Your source for your answers is to be the Course Textbook. Proper citation of cases used and any outside sources is required.
Each Question is to be answered as a report, with introduction, content and conclusion. Point form to convey information is allowed but should not be used in introduction or conclusion. Each Question should require 1 – 2 pages to answer.
Format, spelling and grammar will be assessed.
This Assignment is to be submitted by the end Week 13 (4:30 on Friday)
This assignment is to be completed on your own.
Gigi, a taxi driver, receives an anonymous phone call. A voice that Gigi does not recognize tells her that within the next two hours, she must drive Bart and Steve to a local jewelry store, where a robbery will take place. The voice states that should Gigi refuse to carry out these instructions there will be “serious consequences” for her husband and children. Gigi knows Bart and Steve quite well since, in the past, they had all been part of a gang that carried out jeweler’s store heists on a frequent basis. However, Gigi has decided to turn over a new leaf and wishes to break away from the gang: in fact, she has not been in touch with any of its members for at least six months. Gigi does not want to have anything to do with Bart and Steve because she knows that they are extremely violent.
When Bart and Steve arrive, Gigi feels she has no option but to accompany them because she fears for the safety of her family. Gigi drives the two men to the jewelry store, where they steal $150,000 worth of jewelers. During the robbery, a salesperson is shot and killed by Steve. Steve states that the salesperson called him a “stupid monkey with a gun” and laughed when Steve told him to hand over the jewelry. Steve is five feet four inches tall.
Gigi waits for Bart and Steve, even though she is out of their sight while they are inside the bank, and she ultimately drives them to safety. Gigi returns home and takes her husband and children to her parents’ residence because she is frightened of what might happen next.
Bart later goes to a bar, where he meets Louisa, and starts drinking heavily with her. Bart and Louisa leave the bar together and go to Louisa’s apartment, where they consume more alcohol. Later that night, Bart starts to touch Louisa in a sexual manner. Louisa asks him to stop, but after waiting a few minutes, Bart starts to touch her again. Since she knows of Bart’s membership in a gang, Louisa is terrified of what Bart might do; she stays silent while Bart proceeds to engage in further sexual contact. Fortunately, Bart falls asleep and Louisa manages to run from the apartment and call the police. Bart is later picked up by police and charged with sexual assault, at which time he confesses his involvement in the bank robbery.
1. As Crown Counsel, discuss the charges that could be laid against Gigi, Bart, and Steve. Indicate the elements of the offences and the evidence that Crown would need to demonstrate for a successful prosecution. Explain whether you believe Crown will successful. (10 marks)
2. As defence counsel, discuss the defences that could be raised for each of Gigi, Bart, and Steve. Indicate the relevant legal precedence (cases) and relevant legal principles that could be used to successfully defend your clients. Explain whether you believe the defences will be successful. (10 marks)