Question 1

Sam sold computers. Jody was one of Sam's clients who bought a laptop. As she was packing it into her car, she noticed that the laptop bag contained a small compartment where she found a suspicious looking plastic bag that was wrapped tightly with tape. She did not open the plastic bag but it looked like it contained a white powder. Jody placed it in the glove compartment of her car and drove off. She was pulled over by the police for a traffic violation. Following a lawful search of her car, the police officer found the package, which tested positive for heroin. When she was interviewed by the police, Jody said that she had no idea what the powder was and had driven off intending to inspect it later. Sam told the police that he had no idea that anything was in the laptop bag except a laptop.\

Use IRAC to assess the potential liability of Jody under the Fiji jurisdiction under the CRIMES ACT 2009 - Laws of Fiji

Question 2

Tim and Eddie were workmates. Tim knew that Eddie was an alcoholic. One day, after work, Tim was very tired and did not want to go home by bus as usual, but he did not have enough money to catch a taxi. Eddie had his own car. Tim asked Eddie for a lift home. He told Eddie that he had a rare, expensive bottle of whisky at home that they could sit and enjoy when Eddie dropped him off. Tim lived very far away so Eddie hesitated. Eddie did not have enough fuel in his car to drive Tim all the way home then return to his house in the city. Although Eddie had cash in his wallet, it was only because, earlier that day, he had forgotten to pay his overdue rent. Eddie was experiencing financial difficulties as a result of his drinking problem. Tim persuaded Eddie to use his cash to top up his fuel promising to reimburse him when they got home.After negotiating, Eddie drove Tim home.

When they arrived at Tim's house, Tim confessed that he did not have any cash to pay back Eddie; neither did he have a bottle of whisky. Eddie was furious about this. He grabbed Tim by the shirt collar and said through clenched teeth, 'Get some whisky or else!' Tim apologized and asked Eddie to wait while he dashed to the liquor store around the corner.

Knowing that he could not afford to buy whisky, Tim decided to hide a bottle under his coat. However, he was spotted by the shopkeeper who tried to stop him as he was leaving. Tim panicked. Caught up in the moment, he noticed that the cash register was still open so he punched and tripped the storekeeper causing him to fall down. Then he grabbed some of the money as he ran out. The storekeeper was rushed to hospital suffering from a broken leg, a sprained wrist and fractured ribs. He also had a cut above his left eye sustained from the broken glass when he fell into the wine display.

Use IRAC to assess the potential liability of (a) Tim and (b) Eddie under CRIMES ACT 2009 - Laws of Fiji