You are the solicitor for Prakash and Bill, who have been charged with assaulting Rob in a Wolverhampton park. Prakash and Bill were playing football near Rob and Claire, who were sitting on a bench. Prakash kicked the football and, by accident, the ball hit Claire full in the face. The prosecution case is that Prakash then punched Rob in the face a number of times when Rob complained about the ball hitting Claire, and that Bill also kicked Rob in the head. Both Prakash and Bill are charged with offences under s.20 of the Offences Against the Person Act 1861.
When they were arrested, both defendants told the police that they were not present at the scene of the crime. However, both Prakash and Bill later inform you that they do not have alibis and were there. Bill says that he and Prakash are in a ‘street gang’ and he was obliged to come to the defence of Prakash, who he believed had been attacked by Rob. Bill says that if he did not do so, the gang’s ‘code of honour’ would mean that he would be seriously injured or even killed for breaking the code. Thus, he has a possible defence of duress
When Prakash was arrested later he was searched and an orange-handled knife with a blade, which measured about 2½ inches, was found in his inside left jacket pocket. Prakash was charged with possessing a knife, contrary to the Criminal Justice Act 1988, s.139(1). Prakash told the constables who arrested him that he had a good reason for having the knife, namely for cutting lino, and so has a potential defence under s.139(4) of the Criminal Justice Act 1988. He also denied knowing anything about the incident in the park
Nina, a witness to the park incident, described one of the attackers as wearing a red England 2014 World Cup football shirt, blue jeans and distinctive yellow trainers, but did not get a very good view of the person’s face. It was going dark, drizzling and the park was not well lit, although nearby streetlights provided some illumination. Nina estimated that she was about 50 metres away from the incident. She thought it was possible, although she was not sure, that she recognised the attacker as someone with whom she went to school.
Richard, another witness, watched the incident from about 200 metres away and saw a male kicking someone in the head. He provided a description of the male as about 6 feet tall, about 19-years-old, with blond hair, and dressed in blue jeans and a blue cardigan. Bill was later arrested after the police drove Richard around the local area, shortly after the incident. The police pointed out Bill to Richard and Richard then identified Bill as the man that he had seen hitting the seated man.
Bill has a low mental age and although the custody sergeant suspected that Bill might be mentally vulnerable she permitted PC Morris and PC Gomez to interview him on his own. Bill told officers that he ‘liked playing football and might have kicked something that wasn’t a ball, like a head, for example’ and laughed. He also made other damaging comments and was charged with the s.20 offence. Bill now says that he only confessed because he is a heroin addict and wanted to go home for a ‘fix’. He says he was prepared to say or do anything in order to gain his release
Acting on information received, PC Morris and PC Gomez later arrested Prakash at his home and interviewed and charged him with the s.20 offence. During the interview PC Morris read out Nina’s description and stated that, as Prakash was wearing a red England football shirt when arrested, that he believed that he was the man that Nina had seen attack Rob. Prakash made no comment. His solicitor stated that Prakash was remaining silent because Prakash felt unwell and because he [the solicitor] had not been allowed to see any prosecution witness statements before the interview. Prakash, like Bill, also maintained his silence at trial. Prakash’s solicitor asked for Prakash to be subject to an identification procedure at the police station but the police refused, as they stated this was not a case for which identification was relevant.
ANSWER ALL THE QUESTIONS BELOW:
a) Explain how the legal and evidential burdens will apply to the prosecution of Prakash and Bill
for the offences under s.20 of the Offences Against the Person Act 1861 and s.139(1) of the
Criminal Justice Act 1988.
b) Explain how the legal and evidential burdens will apply to Bill’s potential defence of duress
AND Prakash’s potential defence under s.139(4) of the Criminal Justice Act 1988.
2. Advise Prakash and Bill on the admissibility of the identification evidence.
3. Advise Bill on the admissibility of what he said to police officers at the police station.
4. Advise Prakash on his decision to make no comment in his police station interview AND at trial.
Is it conceivable to pick up control over makers by diminishing rivalry and using the strategies of what Kotler calls "Super Marketing"? What types of intensity may a provider utilize, and are there any dangers in following this sort of methodology? Recommend particular manners by which a provider may accomplish an upper hand through the general methodology of offering higher saw esteem. The globalization of exchange and expanding intensity are issues of basic worry to organizations. The internationalization of rivalry has made the truth that the upper hand of a wide assortment of ventures is declining. Changes in the showcasing scene have prompted a corresponding reconsideration and development of the basic standards of promoting methodology. This paper investigates a portion of these components including the advancement of the advertising idea, local and worldwide promoting challenges together with an exchange on bland methodologies as a system to accomplish a maintainable upper hand through separation from a provider point of view. Section into one or huge numbers of the world's 200 nation markets is an element of the advertising methodology took after by a firm, and nearby nation conditions. Advertising went for a national market (ie household showcasing) faces a solitary arrangement of focused, financial and showcase issues crosswise over market portions including the fitting of items to address trade markets. Worldwide showcasing is the following level of many-sided quality whereby the firm turns out to be all the more straightforwardly associated with different promoting situations with balanced market procedures regarding how they offer, publicize and disseminate to meet nearby conditions. Genuinely worldwide promoting is accomplished when a solitary procedure is taken after for an item, administration, or organization in the worldwide market that incorporates numerous business sectors or nations all the while. (Jeanette and Hennessy, 1998 and Kotler, 2000) The impacts of globalization and development in rivalry might be gainful to purchasers and providers of products and ventures given the potential for diminishes in cost and enhancements in quality. The drawback of worldwide rivalry is its effect on local makers whose business is undermined. Governments, and the neighborhood firms and supporters that impact governments, can make hindrances and uncompetitive conditions to restrict remote participants to nearby markets. (Jeanette and Hennessy, 1998) The advertising focused perspective of the showcasing idea is that a firm constructs its exercises in light of the requirements and needs of clients in a trade relationship in chose target markets. Limitations regarding the natural milieu, for example, laws, industry understandings and standards, impact promoting methodology. (Gronroos, 1994) This suggests an exercise in careful control to advance creation connections to address a definitive clients' issues and needs which turn out to be more unpredictable in a multi-national or worldwide advertising condition. McCarthy's (1964) original advertising blend idea of item, value, place and advancement (4Ps) has similarly developed as various showcasing blends have been advanced for various promoting settings including item versus benefit promoting and household versus worldwide promoting. Work by Kotler (2000) recommends an adjustment to the advertising blend named uber showcasing as a methodology to enter blocked markets where prejudicial lawful prerequisites, political preference, and cartel understandings, social or social inclination and disagreeable circulation channels exist. The model proposes an antagonistic win-lose relationship as opposed to lean supply communitarian connections in the esteem chain that perceive longer term reliance. Cox (2004) contends that that win-lose connections happen in light of the fact that purchasers and providers misread conditions and seek after unseemly power and use techniques that strengthen an ill-disposed style. This might be particularly valid in an outside showcasing condition. Super promoting is characterized as the vital co-appointment of monetary, mental, political and advertising aptitudes to pick up the co-activity of various gatherings to enter or work in a given market. (Kotler, 1986, p117) By suggestion along these lines, power and advertising are two additional P's additional to McCarthy's 4P promoting blend idea. Kotler contends that the customary advertiser's utilization of acknowledged hypothesis is in itself an obstruction to effective infiltration of a blocked market and that it isn't just entrance, however the maintenance of any piece of the overall industry by imaginative strategies that will guarantee a reasonable upper hand for the firm. (Kotler, 1986 and Kotler, 2000) The utilization of intensity in this setting is viewed as a push technique though advertising, is a force procedure. Impacting general assessment has a more drawn out lead time yet its adequacy in affecting the mentality of the voting demographic of the maker of the obstructions to passage guarantees a more extended term achievement in the market. For instance, firms may recognize zones that will be emphatically influenced by corporate social duty activities hence developing altruism as a feature of an advertising activity. (Zadek, 2001) The utilization of uber showcasing standards contrasts facilitate from conventional advertising as far as higher speculation costs, a blend of authorities to help the advertiser and the utilization of capacity to accomplish the association's targets. The thought of instigation or reward as a way to accomplish an end is normal practice in a promoting domain. The utilization of coercive, true blue, master or referent power keeping in mind the end goal to effect in the interest of as opposed to over individual or gathering with a specific end goal to accomplish an end is less normal. The utilization of compulsion in an antagonistic a safe distance unfriendly form to cause hurt raises moral issues, particularly vital in our current reality where great corporate administration is a basic achievement factor. The utilization of honest to goodness control through political intercession for an outside contestant will probably prevail just like the utilization of master control where a trade of subsidizing for political crusades, information, or specialized help with return for co-task is utilized. Referent power and relationship with renown as far as the trade can be similarly compelling. (Johnson and Scholes, 2002 and Schmitter, and Streeck, 1991) It is in this manner the understanding and decision of fitting force application in a given domain that decides a compelling procedure in entering the market. The power structure of an objective situation can be investigated by comprehension of both the obvious and undetectable power performing artists. Power on-screen characters are organization or government and network partners who have the ability to produce and results choices. The power performing artists may practice control through pyramidal, factional, or coalitional structures. In a multilevel hierarchal or pyramidal structure, control is focused inside a solitary, firm administration gathering. In a factional structure, control is amassed in at least two vigorous groups that are vieing for control. In a coalitional structure, control is thought less unequivocally whereby on-screen characters and affiliations cooperate in liquid coalitions. An undefined structure exists where control is diffuse, with practically zero example of coalition constructing or concentrated administration. The improper utilization of intensity or arrangement with inadmissible power performing artists can harm the association's key result. (Keegan, 1999, Kotler, 1986 and Schmitter and Streeck, 1991) Understanding the power scene with regards to the more noteworthy business and financial condition enables the advertiser to design a key intercession with the goal (for instance) to pick up control over makers and subsequently lessen rivalry. Kotler (1986) proposes that three expansive power procedures can be taken after: kill adversaries by offering to repay them for any misfortunes, sort out partners into a nearby coalition and henceforth diminishing contradicting aggregate influence or turn unbiased gatherings unaffected by the association's system, into partners. Permitting, joint ventures, and joint proprietorship speak to elective extension procedures that rely upon how the firm arranges its esteem chain. Strategic execution designs might be straight or multilinear relying upon advertise prerequisites. The choice around the system of passage into a market is a basic that can limit the dangers related with that section and impact key favorable position. (Kotler, 1986 and Kotler, 2000) Keegan (1999) contends that methodology is coordinated activity in quest for an upper hand. Understanding a company's interesting an incentive from a customer viewpoint is the reason for guaranteeing that the upper hand is manageable. The effective use of uber promoting standards to blocked markets to empower access will enable the firm to tail one of the two nonexclusive choices created by Porter that he distinguished as either driving in cost, or driving in separation. The principal alternative supports persistently developing intensity, while the second involves nonstop quality change. Watchman features the part of advancement as the ability to produce learning and the way to building upper hand. The aggressive situation involves entomb firm contention affected by the impact of providers and purchasers undermined by substitutes or by new participants to the business. While portraying the organization's opposition in connection to the aggressiveness of countries, he recognizes the organization's technique, structure, and contention as the wellspring of upper hand. (Johnson and Scholes, 2002 and Keegan, 1999) The non specific choices convert into a network display with quadrants of cost authority, item separation, focussed separation, and cost center procedures. This permits vital basic leadership regarding the market extension and item blend inside which a company's upper hand will be figured it out. For instance, an arrangement of expansive or limited target showcase separation is proper if an association's item conveys real or see>GET ANSWER