Liability law

Order Description

Justin has recently lost his job as a stock broker. Having accrued significant gambling debts in recent months, he recruits his old school friend, Robbie, to help pay off those debts. Justin tells Robbie that he (Justin) can still use his previous employer’s banking details to transfer £20,000 from the employer’s bank account into Robbie’s bank account (Justin’s bank account has been closed down). Robbie agrees to help and they arrange that Justin will transfer the money and Robbie will withdraw the cash. They agree that Robbie will have £5,000 as a reward for his help and that Justin will take the remaining £15,000. Justin transfers the sum of money electronically to Robbie’s bank account the following day. Robbie’s friend, Sarah, reluctantly agrees to drive Robbie to and from the bank to withdraw the cash a week later. Robbie agrees to pay her £500 to take him to the bank and drive him back to Justin’s home afterwards to deliver the cash. She tells Robbie that he makes her nervous and does not want any trouble. On the day, Sarah drives to the bank and waits outside whilst keeping a look out for the police so she can quickly alert Robbie if they arrive. After Robbie has withdrawn all of the cash from the bank, he is confronted by his ex- partner Mandy (the mother of his two children). Mandy previously cheated on him with Tommy. She screams at Robbie for being a “lousy dad who never pays towards his kids”. Tommy arrives and starts to threaten Robbie before punching him in the face which causes a broken and bloody nose. Robbie pulls a knife from his pocket and stabs Tommy in the stomach twice. Tommy dies. Horrified, Mandy tries to grab the knife from Robbie. Robbie pushes her away and she sustains a deep cut to her forearm which is bleeding heavily as she falls to the floor. Robbie flees to the vehicle and is quickly driven away by Sarah. The vehicle is immediately tracked by the police to Justin’s house where all three are arrested. Advise Justin, Robbie and Sarah as to their liability. Also consider whether any defences are available to any of them.

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