THE
THREE QUESTIONS SHOULD BE 400-500 WORD EACH AND PLEASE USE CITATIONS AND DO NOT
COPY AND PASTE (NO PLAGIARISM)
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 offence?
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 defence(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 defences
available to accused persons. In particular, the government intends to
completely eliminate the defence of necessity or duress.
“With
one of these defences eliminated, there will be cost savings in the criminal
justice system. Canada has far too many defences available to accused
persons, resulting in court delays and increased costs,” Mr. Thump stated. “One
of these defences has got to go. The public is confused about these two
defences, 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 defence to eliminate: necessity or duress. He wants a clear
Recommendation from you, with reasons for your choice.
In
your opinion, you must describe both defences in detail and provide examples.
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