The Legal Problem

Michael, Steve and Dave are chatting on Skype one night when Michael says, "Hey, I drove past the Seven Eleven yesterday. I reckon it would be easy to rob that place. No one is ever around." Steve and Dave both agree with Michael and they start to make plans including setting a time, who will drive, and what they will wear. Steve says to them, "I don't want anyone to get hurt. Let's just use toy guns that look real to scare them." Michael and Dave agree. The plan is set that Michael will pick Steve and Dave up from Steve's house at 10am the following morning.

That night, Dave sends a text message to Michael and Steve saying, "Look, I've been thinking and I'm not sure that I want to go through with this. I don't think it's a good idea." Michael and Steve read the message but don't reply, thinking that Dave is just getting cold feet, and that he will meet them as planned. Meanwhile, Dave rings Crime Stoppers and tell them of Michael and Steve's plans. The call operator takes details of Dave's call, but due to a technical glitch, no action is taken by police in relation to the call.

The following morning, Michael turns up to Steve's house to pick Steve and Dave up. Dave isn't there, and can't be contacted on his phone. Michael and Steve decide to go through with their original plan. Unbeknownst to Steve, Michael has ignored Steve's ideas about toy guys, and has brought a real gun that is loaded. He has it concealed in his pants.

The plan is that Steve will drive, Michael will jump out, run into the Seven Eleven, and take whatever cash and cigarettes he can get.

When they arrive, Michael pulls his balaclava over his face, then runs inside. It looks like there is only 1 person in the store, the sales assistant, so he heads straight towards them and starts waving the real gun at them, telling them to empty the safe and the cigarette cabinet into his bag.

Suddenly, Michael hears a noise from behind him. It is a customer, saying, "Hey, what the hell do you think you're doing?" Startled, Michael turns around and falls over, pressing the trigger of the gun as he falls. A shot is fired and it hits the customer in the chest. Michael runs out of the store empty handed and jumps into the car. Steve drives off.

Steve and Michael drive to their friend Kathryn's house and tell her what has happened. They give Kathryn the gun and ask her if she can get rid of it. Kathryn willingly helps - she would do anything for her friends.

As a result of the gunshot wound, the customer dies.

Discuss the criminal liability of Michael, Steve, Dave and Kathryn using the IRAC method. Refer to relevant legislation and case law.