Criminal Law : Case Study
Andres is the new restaurant manager of Oscuro restaurant. Everything is going well until month-end stock take and the inventory reconciliation when Andres detects some inconsistencies. Andres then decides to closely observe staff and keep tight control of stock. Andres notices that Jim, at the end of the shift, always goes out with a very bulky backpack and the inventory is still not reconciling. At this point, Andres decides to check the cameras and notices that Jim actually picks up bottles of alcohol from storage and puts them in his backpack taking them away with him. Andres decides to confront Jim 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. Jim 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 Andres to immobilize him by hitting Jim in the face and forcing him to the ground in a gridlock. At this point, Andres decides to ask a staff member to contact the Police. When the Police arrive, Andres shows them the recordings and asks them to search Jim. Jim gets caught with the bottles in his backpack. Jim is fired immediately by Andres. The Police take statements from both Andres and Jim and the witnesses. No charges are laid that night.
It was not a good weekend for Andres. 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 defence and told Alan she is only doing her job refusing him more alcohol. Alan got even angrier and hit Jackson. 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.
Jim on Saturday decided to take revenge on Andres and the restaurant by showing up early Sunday morning and smearing the windows with writing. However, the cleaner was on the premises at that time and tried to stop him. Jim hit the cleaner and pushed him into the wall. The cleaner hit his head really hard as he fell to the ground. The impact was so severe, the cleaner died at the scene from the injury.
Questions:
What is criminal law and list all the factors involved?
List and briefly describe the types of crimes there are?
What crimes are present in the case study? Describe the type of crime and why it is a crime.
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?
List and describe defences that are available in criminal law.
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 defence and why?
For the brawl that took place on Saturday night what should Andres and his staff do and why? What can Andres do about the broken furniture and the destruction and disruption to the restaurant?
Instructions:
Answer all the above case study questions.
Support your responses to the case study questions with reference to relevant secondary sources.
Do not copy the scenario case study in your submission. Only include the questions and your answer to each respective question.
Adhere to the APA formatting and referencing standards.
research and referencing should be get from official Australian government website only