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...

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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:





  1. What is criminal law and list all the factors involved?








  1. List and briefly describe the types of crimes there are?








  1. What crimes are present in the case study? Describe the type of crime and why it is a crime.








  1. 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?








  1. List and describe defences that are available in criminal law.








  1. 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?








  1. 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

Answered 2 days AfterJul 23, 2021

Answer To: Criminal Law : Case Study Andres is the new restaurant manager of Oscuro restaurant. Everything is...

Karishma answered on Jul 25 2021
141 Votes
Question 1: What is criminal law and list all the factors involved?
Answer: 1 There are 2 branches of law i.e. Civil law and Criminal law. Criminal Law is a Branch which deals with punishm
ent basis the type of crime committed by wrong doers. Criminal Law procedure is a complex system which is governed by court rules and evidence. In Australia, the primary responsibility or onus is segregated between state and the territory and also the federal government. Therefore, Criminal law is defined as the set of rules and procedures which call for an action to punish by these authorities.
As per Criminal Law, any act is considered as crime if the offence calls for punishment either by way of imposing fine/penalty or jail/imprisonment. There may be matters of assault which can trigger both civil and criminal wrong the same time. There are few basic principle that govern the criminal law i.e. the person has to be considered innocent until he is proven guilty in the eyes of law, the proof of burden always lies on the prosecution to present evidence proving the party is guilty, generally it is right of a person to remain silent but there certain that apply on this, the last important rule is that no personal should be punished for similar crime twice. There are 3 factors that ideally create a criminal case/offense i.e. First is the desire of the person who has committed the wrong i.e. guilty mind intention of committing the crime followed by the one who’s target of the crime being committed and lastly the opportunity.
Question 2: List and briefly describe the types of crimes there are?
Answer: 2 In accordance with Criminal law in Australia, crime are broadly categorised into 3 types i.e.:
1. Summary Crimes: These are the kind of offences which are not very serious and therefore can be concluded by imposing nominal penalties. Such criminal cases are taken by at the...
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