Criminal Case Scenario, Exercises of Law

Download Criminal Case Scenario and more Exercises Law in PDF only on Docsity! Criminal Case Scenario You are Lora Taylor’s lawyer. She has come to see you for advice prior to being interviewed by police in relation to an incident on Thursday 14 February 2019 at 11.25pm involving her husband, Jay at the New Northcote Tavern in Burwood. On 14 February, Lora Taylor and her husband went out for dinner. Whilst out for dinner, they had an argument. The argument escalated quickly. Other diners saw her hitting her husband. At one point, a knife was thrown from the table and hit one of the passing waiters who sustained a deep gash to his cheek. She was eventually carried from the restaurant by her husband kicking and screaming. The restaurant owner called the police The injured waiter was taken to hospital. His facial nerve was damaged. His prognosis is not yet known. Police attended at Ms Taylor’s address at 12.25am. She was not there. Jay Taylor told police he dropped his wife off at her mother’s to “cool off”. He made a statement to police telling them: - That he and his wife argued over money as she had been gambling more than usual of late. - His wife has schizophrenia. He is not sure if she has been compliant with medication. - He and his wife had consumed “a lot” of wine over dinner. - He was getting sick of her behaviour and wanted to end the relationship. Lora Taylor’s instructions are: - She was very excited about going out with her husband for Valentine’s Day. Their relationship was a volatile one. He has been violent to her in the past and there is an active intervention order against him where she is affected family member. - She was diagnosed with schizophrenia 10 years ago. The medication she has been taking has had an effect on her libido so she decided to stop taking her medication for a few days so she and Jay could have a special evening together. - She knows Jay has spoken to the police. He has told her he was very drunk when he made his statement and now no longer wishes to press charges.