Advise the parties in the following scenarios:
- Mick is a member of a gang which has carried out a number of assaults. Mick has a disagreement with one of his fellow gang members, Linda and is told at midday that Linda will be coming to his house at midnight to resolve the dispute using weapons. When Linda arrives at Mick’s house, Mick is waiting with a shotgun and shoots her. Mick seeks your advice on the availability of the defence of self defence.
- Patricia is told by Ian “I have taken your sister hostage. Rob that shop, or I will kill her”. Patricia robs the shop, and now seeks your advice on whether the defence of duress is available to her.
- Penny and Pat sit one evening and discuss a bank robbery. They choose the bank location, time and date when they will carry out the robbery. However, on the agreed date, Penny has a cold, so decides to stay home. Pat still goes to the bank with the intention of carrying out the robbery, however he gets stuck in the revolving door to the building, so he too decides to go home. Advise Penny and Pat as to any possible criminal liability.