eTMA 06 Consider the criminal liability of Len, Gemma and Dwayne. W201 Law: the individual and the state Scenario Len is about to retire from running the family business, a café at a seaside resort. His children are not interested in carrying on the business so Len decides to put the café up for sale. He markets the café himself at a price of £80,000. Juliet has just finished a Business and Management degree and wants to buy the café. Len tells Ju-liet that the café has traded at a profit for the past 3 years. In fact, last year the café made a loss of £1,987 but Len is worried that Juliet will not buy the café if she knows the true facts about its profit-ability. Juliet asks to see the accounts and when Len tells her he cannot find them, she realises that Len is lying and decides not to proceed with buying the café. Whilst he waits for someone to buy the business, Len carries on working in the cafe. On a busy Sunday, he takes an order for Gemma and Dwayne who are on holiday from abroad. Gemma and Dwayne have run out of money but are very hungry. They went into Len’s café hoping that they could eat their meal then slip out without paying. Gemma and Dwayne order a full English breakfast each with drinks. After they have eaten, Len brings the bill to their table. He says “Just pay at the till when you’re ready.” Gemma has enjoyed her meal and is having second thoughts about their plan not to pay. She says to Dwayne “I think we should pay up – we can use our emergency money – we don’t want to end up in an English jail.” Dwayne tells Gemma that they will not be paying and runs out of the café. As she has no money, Gemma walks towards the door of the café to follow Dwayne but Len grabs her by the arm and says, “No-one leaves my café without paying. We’ll let the police deal with this”. Gemma manages to break free from Len and runs out of the café. When she meets up with Dwayne, Gemma shows him a large bruise on her arm where Len grabbed her. Dwayne tells Gemma that before he left the café, he dropped his wallet on the floor. They agree that Dwayne will have to go back to the café to look for the wallet but Dwayne says, “How can I do that without that guy remembering I ran off without paying?” Gemma replies “I don’t know, you’ll have to break in after he closes I suppose.” Dwayne and Gemma agree that Dwayne will go back to the café to look for the wallet. Gemma stays at their hotel but, before he leaves, she tells Dwayne “See if there is an open window you can climb through – please don’t break in unless you have to you’ll just make things worse – and what-ever you do, don’t hurt anyone.” Dwayne replies, “don’t be stupid, of course I won’t hurt anyone.” Reassured, Gemma waves goodbye to Dwayne. When Dwayne gets to the café he smashes a small pane of glass in the door so that he can reach his hand in to unlock the door. He puts his arm through the broken pane and unlocks the door. Dwayne goes into the café but cannot find his wallet. Just as he is preparing to give up the search and leave, Len walks into the café. He recognises Dwayne and shouts, “What are you doing here?” Dwayne grabs an ornamental sword which is hanging on the wall of the café and stabs Len in the arm. Dwayne drops the sword and runs off. Len’s arm is bleeding heavily after the attack. He goes to the accident and emergency department of the local hospital where his cut is treated and stitched with 5 stitches.