Michael Case Study - Financial Crash Caused by COVID-19 - Law Assignment Help

Assignment Task :

CRIMINAL LAW ASSIGNMENT 

Michael is a junior Solicitor at a prestigious international law firm located in Newcastle, NSW. Michael has worked with the firm over the past three (3) years. Andrew, Michael’s boss, has insisted that Michael work long hours and that Michael does not take holidays due to the intense competitive pressures on the firm. 

After the financial crash caused by COVID-19, Andrew calls Michael into his office and informs Michael that his employment is being terminated immediately without any further payment as Michael is “not a team player”. Michael is devastated by the news of his dismissal, and tells Andrew: 

“You can’t do this to me. I was the biggest fee earner in the division last year, and I haven’t been paid any bonuses or any money for the holidays I gave up fixing all the problems caused by your incompetence! The firm must owe me at least $10,000 in unpaid leave”. 

Andrew replied, “The firm owes you nothing. If you don’t like it, go to Court”. 

Angered by his treatment, Michael decides to get revenge. Firstly, Michael telephones from a public telephone box Andrew’s wife on her mobile phone. The phone goes to voicemail. Michael disguises hIs voice and leaves the following voicemail: 

“You think you have the perfect life. If won’t be perfect when you and your’ kids are dead. I know you drive a white BMW X5 and when you pick up your kids from Newcastle Grammar School. Be a real shame if you all died suddenly in a tragic accident. Expect the unexpected”. 

Secondly, Michael decides to damage Andrew’s personal possessions. Michael knows where Andrew lives, having attended many parties at the house, and has a copy of the security code for the alarm to the house, which he was given by Andrew prior to a client function at the house. Michael anticipates Andrew’s house will be unattended, as

Andrew never leaves work prior to 10.00 pm, and Andrew’s family in Byron Bay on holiday. 

Michael takes a hammer with him and attends the house at 9.30 pm. After disabling the alarm, Michael enters the house and uses the hammer to smash photographs of Andrew and his family. 

While in the house, Michael sees a vintage Rolex watch on a bedroom table, which he recalled Andrew had told him was extremely valuable. Michael takes the watch and is about to leave the house when he is surprised by Andrew, who has arrived home from work early. 

In a panic, Michael strikes Andrew on the head with the hammer and rushes out of the house. Andrew, concussed by the blow to his head, staggers out of the house and collapses unconscious in the gutter of the road opposite his house. Andrew suffers a fractured skull but survives. 

1. Discuss the criminal liability, if any, of Michael.

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