Reference no: EM132257713 , Length: 2500 Words

CRIMINAL LAW & PROCEDURE ASSIGNMENT -

Barry is a 70-year-old aged pensioner who lives alone at Adamstown, NSW in a 3-bedroom house. Barry has lived alone for the past 5 years since his wife Amy died. A regular visitor is Barry's grandson, Peter. Peter is 20 years old and plays rugby league in the local Newcastle competition. Barry and Amy raised Peter, as Peter's parents had been killed in a car accident when he was a child.

Liam, an Irish backpacker, sees Barry watering the garden in his front yard one afternoon. Liam introduces himself to Barry, and states:

"I'm a local tradesman, and I'm very keen to get more business. Your driveway is in poor condition, and I can build a new driveway for you. I have a team that works for me, and we can complete it within 2 weeks. I'll charge you $10,000 cash. If you pay me half in cash now, you can pay the rest when we finish the work. If you pay now, I'll start work tomorrow".

Barry has been keen to renovate his property and believes that Liam's offer is a good deal. Barry has a large amount of cash kept underneath his mattress, which he uses to pay Liam $5,000. Barry asks for a receipt. Liam replies: "I don't do business that way. I'll give you a receipt at the end of the job. However, here's a copy of my business card, with my address; phone number and builder's licence number".

Liam does not return the next day to start work. Over the following 7 days, Barry repeatedly calls Liam, but the phone goes to voicemail on each occasion, and no calls are returned. Barry tells Peter what has happened.

Peter tells Barry: "There's no way this Irish scumbag is coming back to do the work. I'll sort this out". Rather than calling the police or speaking to NSW Fair Trading, Peter decides to take matters into his own hands.

Peter goes to the address listed on the business card. It is a backpacker's hostel. Peter speaks to the manager and describes what Liam looks like, based upon the description given to him by Barry. The manager tells Peter that an "Irish bloke" recently left the hostel, and he believes he is now living at a house at Ranclaud St, Merewether.

Peter drives to Ranclaud St, Merewether and waits in his car. After 2 hours, he sees a man walking down the street who fits the description of Liam.

Peter leaves his car; opens the boot of the car; and removes a golf club. He walks towards Liam, and says: "Is your name Liam?" Liam replies: "Yes". Peter states:

"I'm the grandson of the bloke in Adamstown who paid you five grand last week to build a driveway. You had no intention of building it, did you?"

Liam replies: "Of course I'll build it. I've been in hospital for the last few days, which is the reason I haven't been answering my phone. I'll start tomorrow".

Peter replies: "That is bullshit. You are nothing but a grub who takes advantage of pensioners. Give me the five grands back now idiot, or I'll use your head for golf practice!"

Liam replies: "I don't have the money. I can get it for you tomorrow. I've got no money on me, only my phone".

Peter replies: "I don't trust you. Give me the phone, it's the least you can do".

Liam hands over the phone. As Liam starts to walk away, Peter walks up behind him and hits Liam hard on the left kneecap with the golf club, breaking Liam's kneecap. Peter shouts: "That's to teach you a lesson not to mess with our family, you Irish grub!"

Question - Discuss the criminal liability, if any, of Liam and Peter.

The maximum word length for this assignment is 2500 words (inclusive of all footnotes but not bibliography).