Essay Jessica and Leo Case Study – Management Assignment Help

Assignment Task :

Q.1: Jessica (A)

80 Leo’s wife Jessica would, if called as a witness, testify:

• that Leo left the house “around 6 PM” on the night of Vlad’sdeath, after he got home from work, to do the weeklygrocery shopping for their household while she stayed at84 home minding their baby daughter;

• that Leo returned “about a minute or two after 10 PM – I know that for sure because Homeland had just finished on the TV”; and

• that Leo “wasn’t very talkative, but that’s usual for him. He just unpacked the groceries, then had a shower and went to bed.

Leo’s house is four blocks east of the Brycemore Lawn Bowls Club 92 premises. Vlad’s apartment is five streets north of the Brycemore Lawn Bowls Club, and three blocks from where he was found dead. The Seven-Eleven store is six streets north-east of the Brycemore 96 Lawn Bowls Club. Jessica is unwilling to testify against her own husband. Can she object to giving any part(s) of the above testimony? On what ground(s)?

Q.2: Jessica (B)

Jessica would also testify that, when she got up the next morning,Leo had already left for work” She started to suspect something wasup. She checked the browser history on their computer and found104 that starting at 4AM a user had run numerous searches for the terms“LAWYERS + BRYCEMORE,” and clicked on a number of webpagesfor local barristers and solicitors, including that of your firm. Jessicaand Leo are the only persons living in their house, other than their108 baby, and the computer is protected with a password only theyknow.

Again, Jessica is unwilling to testify against Leo. Can she object togiving any part(s) of the above testimony? On what ground(s)?112 The prosecution want to inspect the computer but neither Jessica norLeo will reveal the password. Is there any lawful way for theprosecution to access the information on the computer?

Q.3: Jessica (C)

116 Jessica tells Leo that she has planned for some time to separate fromhim, and eventually to divorce. If she can gain primary custody oftheir daughter, she plans to return to Perth to live near her parents.However, she still “wishes Leo well” and does “not want to help the120 police frame the father of my child for a killing he did not commit.”Can Jessica and/or Leo prevent Jessica being compelled to give anypart(s) of the testimony outlined in Q.1 and Q.2? On what ground(s)?

Q.4: Sharni

124 Sharni, age 13, was working on the cash register at her parents’corner store two blocks from Leo’s home on the night Vlad died.

Interviewed in her home eight days afterwards, she tells police thataround 9 PM, “some old guy” came in, looking “really shaken, like128 he’d seen a ghost,” and purchased three three-litre bottles ofmethylated spirits. He first took out his credit card to pay, then“seemed to change his mind,” and reached into his wallet to get cashinstead. He “turned his wallet inside out, even emptied it onto the132 counter,” but didn’t have enough cash to pay for all three bottles, sohe put one back.Leo has refused to take part in a “live” ID parade but the police showSharni a folder containing photographs of Leo and of 35 other adult136 males close to him in age, sex and skin/ hair colour. Sharni choosesLeo and 3 of the others, saying “I, like, think it was one of those four.

Definitely. – But not sure which one of them.”The police want Sharni to testify but she is unwilling because “I’m140 too young, aren’t I? I mean, I’m not supposed to be working thecounter after 6 PM – I just filled in for, like, literally only 10 minutesmaximum that night because Dad had to take a toilet break andMum was at home feeling sick. I don’t want to get in trouble for that144 one time.”Sharni’s mother, who was sitting in, ended the interview at thatpoint and asked the police to leave.Is Sharni competent to testify?