Reference no: EM131422765

PLEASE ANSWER BOTH QUESTION ONE AND QUESTION TWO

QUESTION ONE: Flintwinch's corner store is no longer profitable and he is facing bankruptcy. Flintwinch has always planned to retire in one or two years' time and to move to California. In order to achieve his dream of a sunny retirement, Flintwinch decides to set fire to the store and to file a fraudulent claim against his insurance company. The store is adjacent to a small hardware shop, which, in turn, sits next to a senior citizens' nursing home.

Flintwinch realizes that there is a risk of harm to other people whenever a fire consumes a building so he decides to set the fire at 2 a.m., when he believes that it is unlikely that there will be anyone hanging out in the immediate vicinity of the corner store. However, Flintwich does not want to set the fire himself so he hires Sparkler to do it. Flintwich gives Sparkler a large jerry can of gasoline and tells this is the exact amount that he should use to start the fire and that, because the amount of gasoline has been precisely measured, there is no danger of the fire spreading to other buildings. Tragically, Flintwinch has grossly overestimated the amount of gasoline that should be used and a massive fire erupts within a couple of minutes. Sparkler is seriously burned and runs into the street, where he collapses. The flames are so intense that, within minutes, they leap from Flintwich's corner store to the hardware store, which also catches fire. In the hardware store, there are various volatile chemicals that explode and the fire then spreads rapidly to the senior citizens' facility.

When the fire trucks finally arrive, the senior citizens' facility has been seriously damaged and it is learned that five seniors have died as a consequence of smoke inhalation. Two fire fighters are also injured when part of the facility collapses on them. Sparkler is rescued by fire fighters who place him in an ambulance, which takes him to a hospital where he later recovers but is left with scarring on 70% of his body. The day after the fire, Flintwinch makes a claim against the insurance company. The fire department's investigator rapidly confirms that the fire was the result of arson. Flintwich denies knowing Sparkler and claims that Sparkler set fire to the corner store entirely on Sparkler's own initiative, while Sparkler claims that Flintwich had hired him to set the fire and that he acted solely on Fintwich's instructions. Sparkler also claims that he honestly believed that the fire would only burn the corner store and not cause any damage to other buildings or injure anyone in the vicinity.

DISCUSS: (a) The charges (if any) that might reasonably be laid against Flintwich and Sparkler.

(b) Indicate with which (if any) of these charges you would proceed, if you were Crown Counsel in this case. You should state your reasons for deciding with which (if any) charges you would proceed. You should take into account the likelihood that a specific charge would be proved beyond a reasonable doubt in a trial and any defences that might be asserted by the lawyers for Flintwich and Sparkler respectively.

QUESTION TWO: Lillyvick and Smallweed have no money and, in desperation, they decide to rob Mantalini's Gelato Café. They agree that Lillyvick will keep watch outside the café while Smallweed relieves Mantalini of the money from the till. Smallweed tells Lillyvick that he will threaten Mantalini with a knife. Lillyvick and Smallweed put their plan into operation. Lillyvick waits outside the café in order to watch out for the police and to prevent anyone going into the café while Smallweed is perpetrating the robbery. Smallweed is alone in the café but, when he demands the money from the till, Mantalini refuses to hand it over and tells Smallweed that he has pressed an emergency button which will alert the police to the fact that Mantalini needs immediate assistance. Smallweed drops his knife and takes out a handgun, which he had concealed in his overcoat. Lillyvick hears a commotion in the café and notices that Smallweed is pointing a gun at Mantalini. Lillyvick yells to Smallweed that he wants nothing to do with firearms and that Smallweed is now "on his own." Lillyvick then leaves the café and runs away.

Mantalini moves towards Smallweed and asks him to hand over the gun. Smallweed refuses and shoots Mantalini in the heart. Mantalini dies on the spot. Smallweed empties the till and runs out of the café. However, Smallweed is met by armed police officers and he surrenders to them. Lillyvick has also been apprehended by the police.

Upon questioning by the police, Lillyvick loudly asserts that he had no idea that Smallweed would be carrying a firearm and that he never expected that Smallweed would hurt Mantalini in any way (he states that the agreement was that Smallweed would merely threaten Mantalini). Lillyvick also claims that he was so disgusted with Smallweed's deception that he "turned his back" on both Smallweed and the robbery plan. Smallweed claims that he had always intended to threaten Mantalini with a knife, as originally planned, but that he had been forced to change the plan when Mantalini "became aggressive" and "forced" Smallweed to shoot him.

DISCUSS: (a) The charges (if any) that might reasonably be laid against Smallweed and Lillyvick.

(b) Indicate with which (if any) of these charges you would proceed, if you were Crown Counsel in this case. You should state your reasons for deciding with which (if any) charges you would proceed. You should take into account the likelihood that a specific charge would be proved beyond a reasonable doubt in a trial and any defences that might be asserted by the lawyers for Smallweed and Lillyvick respectively.

Attachment:- Assignment Files.rar