The assignment is for a Criminal Law course. Information should be based on English law. Background Bernard
Question:
The assignment is for a Criminal Law course. Information should be based on English law.
Background
Bernard Mower, aged 34, has been arrested for the criminal damage of David Briggs's motorcycle and vehicle.
It is alleged that on the night of the 12th of October, Bernard was seen walking near David's house when his cycle and vehicle suffered extensive damage, including deep scratches to the paintwork of his bike and all the vehicle's windows smashed. Partial matches to Bernard's fingerprints have been found on railings near David's house.
Bernard was apprehended by the police later that night and was found in possession of a bag containing work tools, including a hammer and screwdriver that could have been used to cause such damage.
Bernard has previous convictions for minor affray but has not committed any offences since. He has been a functioning alcoholic for some years and is prone to blackouts, unable to recall what he has done or whom he has spoken to. However, he has been regularly employed as a plumber and is a well-known figure in David's area for fixing plumbing-related matters.
Michelle Morris, David's neighbour, has provided the police with CCTV footage of someone damaging David's cycle and vehicles. However, the image quality is poor and grainy, making it challenging to identify the perpetrator. The police told her they could use their software to enhance the video footage.
William Morris, Michelle's elderly father, briefly saw the perpetrator running away from the scene, but his eyesight is poor due to macular degeneration. He has agreed to identify the assailant from a police identity parade. The identity parade comprises of several volunteers of mixed-race origins.
Assignment Questions
Acting in the capacity as a trainee solicitor, you need to advise your client based on the following situations:
- On arrival at the police station, you are informed that an identity parade will occur. Advise Bernard regarding the likely procedure to be taken, what options he has, and how you will protect his interests.
- Bernard has now been identified, and the police wish to interview him formally. Advise Bernard on his options for handling the interview and any relevant matters from the aforementioned scenario information.
- Bernard has now been charged with criminal damage and wishes to be bailed. Advise Bernard of the relevant procedures to obtain bail and outline any issues that may undermine his ability to get this.
Submission Instructions
- Use OSCOLA Referencing.
Intermediate Accounting
ISBN: 978-1118300855
10th Canadian Edition Volume 2
Authors: Donald E. Kieso, Jerry J. Weygandt, Terry D. Warfield, Nicola M. Young, Irene M. Wiecek, Bruce J. McConomy