Mark ‘Snodgrass’ Chapman (Snodgrass) is leader of the Victorian chapter of the Grim Reapers Motorcycle Club, an outlaw motorcycle gang. The gang gets its money acting as a debt collector (using standover tactics) for legal and illegal businesses, from the manufacture, distribution and sale of drugs, as well as a range of other illicit activities. In October 2013, intense rivalry broke out within the Club. This rivalry was led by Constantino ‘Rooster’ Perish (Rooster) and ten members of the Club. They split off and formed the Pagans, a motor cycle gang which has involved itself in all forms of organised crime. Snodgrass, understandably, loathed Rooster and decided to teach him a lesson. Intelligence gleaned over the next three months revealed to Snodgrass that the Pagans had established their club-rooms in Moonee Ponds and that Rooster and his de facto wife, Karen, lived nearby in a substantial mansion. Snodgrass selected three members of the club (Ray, Pat and Tyler) and told them where Rooster lived and that he wanted Rooster beaten up but not killed. He told them firmly, ‘If anyone kills him it must be me; I reserve that right’. Ray, Pat and Tyler got together to plan the beating. They decided that Tyler would arrive first and park his motorcycle two doors away from the mansion and keep watch to warn the others by mobile phone if the police turned up. Ray and Pat having arrived in the street and noting with satisfaction that Tyler was already parked two doors from the mansion, turned off the motors of their motorbikes and drifted slowly and quietly to the front of the mansion. Whilst alighting from their bikes, Pat noticed that Ray had a large knife on him, but he said nothing. Having parked their bikes they walked over the front lawn to the front door. They did not bother to knock, but rather smashed their way into the residence, to find that Rooster was home alone. Whilst Pat held Rooster in a headlock, Ray beat him senseless. But Ray was not satisfied with breaking Rooster’s jaw and several of his ribs. He
Assessment Date Percentage
Assignment Thursday 17 April 2014 20%
Examination To be advised 80%
10
decided to go further. He got out his knife and wielding it in Rooster’s face yelled, ‘I’ll teach you a lesson you s.o.b.’. Pat responded immediately yelling, ‘Don’t kill him. Snodgrass told us not to kill him’, but did nothing more and continued to hold Rooster whilst Ray stabbed him repeatedly, killing him almost immediately.
Required
Advise Snodgrass, Pat, Tyler and Ray of their criminal liability.