THE THREE QUESTIONS SHOULD BE 400-500 WORD
1. Nubbles and Rudge decide to rob the Tight Fist Bank. They make elaborate plans and purchase
some firearms to assist them in their venture. On the appointed day, they drive to a street corner just
one block away from the bank; they intend to observe the bank for a while and then undertake the
robbery at the most appropriate moment. However, a police cruiser passes by and the two officers
notice that Nubble and Rudge look suspicious. The officers arrest the would-be bandits when they
find two sawed-off shotguns and two masks on the back seat of the car. Nubbles and Rudge are
subsequently charged with attempted robbery. Are they guilty of this offense?
Discuss the potential criminal liability, if any, of each person mentioned. Identify, define, and
describe relevant concepts and issues.
State any assumptions you may need to make to analyze the issues. In your response, consider
course materials, case law, legislation, any contributions to the optional discussion forums, and any
other resources you consider relevant.
2. Cruncher and Slammer are professional hockey players who are playing on opposing teams. As
Cruncher is carrying the puck, Slammer pushes him into the boards along the side of the hockey
rink. An altercation develops between them, and some punches are thrown. The referee whistles
play dead, and after a brief period, the linesmen separate Cruncher and Slammer and lead them
toward their respective penalty boxes. However, Cruncher breaks free from his accompanying
linesman and skates up to Slammer and punches him in the eye – to the delight of the local fans.
Cruncher is 6 feet 5 inches tall and weighs 280 pounds. Slammer is 5 feet 8 inches tall and weighs
150 pounds. The blow inflicted by Cruncher opens a deep cut underneath Slammer’s eye and
numerous stitches are required to close the wound. Cruncher is charged with assault causing bodily
harm. Does cruncher have any defense (s)?
In addition to the question posed above, please discuss the Instructor’s addition to the fact pattern
as follows:
Mandy was sitting in the audience at the hockey rink. She was so distressed and upset by seeing
Slammer injured, with all the blood on the ice, that she became dazed and disoriented. She grabbed
her umbrella and repeatedly hit a nearby woman on the head with it, injuring her. Several hockey
fans had to intervene to stop Mandy from hitting the woman, and they would later tell the police that
Mandy had a blank look and did not seem to be normal.
Discuss the potential criminal liability, if any, of each person mentioned. Identify, define, and
describe relevant concepts and issues.
State any assumptions you may need to make to analyze the issues. In your response, consider
course materials, case law, legislation, any contributions to the optional discussion forums, and any
other resources you consider relevant.
3. A federal politician, Ronald Thump, has recently announced that the Canadian government will
amend the criminal law to reduce the number of defenses available to accused persons. In
particular, the government intends to completely eliminate the defense of necessity or duress.
“With one of these defenses eliminated, there will be cost savings in the criminal justice system.
Canada has far too many defenses available to accused persons, resulting in court delays and
increased costs,” Mr. Thump stated. “One of these defenses has got to go. The public is confused
about these two defenses, and too many criminals are getting off on these technicalities.”
Mr. Thump has asked you, his Special Advisor, to prepare an opinion for him on which defense to
eliminate: necessity or duress. He wants a clear Recommendation from you, with reasons for your
choice.
In your opinion, you must describe both defenses in detail and provide examples.
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