Use IREAC to answer the questions ie.

I- Identify the issue

R- State the legal principle

E- Explain the legal principle and when it applies

A- Apply the legal principles to the facts of the scenario and analyse

C - State your conclusion based on your application analysis

You need to discuss your answers thoroughly and illustrate your answers using cases/legislation.

Peter, an 8 year old child was on his way to his English tuition classes at Mr. Galileo's house. Mr. Galileo was an English teacher and also a good friend of Peter's Father. On the way to Mr. Galileo's house Peter had to go past Tom's bakery which sold a variety of mouth watering pastries of all shapes. Mr. Tom was an 80 year old man and would make pastries in all shapes. Peter particularly liked the pastries which were shaped like a bear and had caramel cream inside it. Peter would usually buy this bear shaped pastry from Tom's bakery before proceeding to Mr. Galileo's house. One Sunday morning around 9am when Peter was buying his bear-shaped pastry from Tom's bakery, he heard a man shouting "Hands Up"! Peter looked up and saw a man in a green t-shirt and blue shorts with a mask over his face pointing a gun at the Baker Mr. Tom. The man said to Mr. Tom to handover all the cash from the till. Mr. Tom said "don't shoot, I am giving the money!" The man grabbed the cash and ran out of the bakery and down the street. Peter noticed that the man with the gun had a colorful tattoo of Donald Duck on his left arm. Mr. Tom told Peter to go away with his pastry and he was now closing the shop and going to the Police to report the theft. Peter went on his way to Mr. Galileo's house. As soon as he arrived at Mr. Galileo's house which was about a 5 minutes walk from the bakery, Mr. Galileo told Peter to do a essay about something he had seen that morning. Peter wrote the story of the Man with Donald Duck Tattoo. Peter described everything the man was wearing, what the man had done and said. Mr. Galileo was very impressed with the story and said that he had good observation.

Five months later, a man is charged with Robbing Mr. Tom and his bakery. The accused is a male with a Donald Duck tattoo on his left arm. The prosecutor would like to call Peter as a witness. However, he is unable to remember the details of what he saw on the morning in question. At the trial, the accused gave evidence in his defense. Part of the sequence of questions and answers that make up his examination in chief are as follows:

Q1: Please describe to the court what you were doing in Tom's Bakery on the morning in question.

A: I went to buy some break and buns.

Q2: You were not armed were you?

A: No, not at all, who goes to a bakery with a gun.

Q3: You were not agitated, were you?

A: No, but I was in a bit of a hurry.

Q4: And you bought bread and buns from Mr. Tom?

A: No, as I was getting late and Mr. Tom was busy.

Q5: Were there other customers in the bakery?

A: I recall a young boy, not really sure what he was doing.

Q6: You are alleged to have robbed Mr. Tom at gunpoint. What do you have to say to that?

A: I would never do such a thing! Mr. Tom is such a nice man and makes lovely pastries.

In cross examination, the prosecutor asks the accused the following questions.

Q7: Where did you go from Tom's Bakery on the day in question?

A: I went to work at Mickey & Donald Bar.

Q8: Isn't it true that you are currently unemployed?

A; Yes, that's right. At the moment I do not work.

Q9: And in fact, on the morning in question, you did not have any employment either?

A: Yes I did. I worked at the Mickey & Donald Bar as a painter.

Q10: I put it to you that that is a lie. That Mickey & Donald Bar has been out of business for 8 months, isn't that true?

A: No.

Q11: I put it to you that you did not go to work that day as Mickey & Donald Bar was not even operating on that day?

A: No, I did go to work.

Q12: You carried a gun to Tom's Bakery that morning, didn't you?

A: No, I didn't. '

Q13: You were standing in front of the bakery before going inside, right?

A: Yes

Q14: There was a lady in a wheelchair sitting outside Tom's Bakery?

A: Maybe, I don't recall.

Q15: This lady was looking at you when you pulled out the gun from your shorts and walked into the Bakery. What do you have to say to that?

A: She didn't see anything, she was reading her newspaper!

The prosecutor does not know or have any information if Mickey & Donald Bar was actually operating on the day in question. The prosecutor also wants to call the lady in the wheel chair as their witness.

Identify and discuss all issues of evidence that arise from the above. Illustrate your answers with cases/legislation under fiji jurisdiction