Question: Tui was a 25 year-old truck driver who raced cars as a hobby. He served a term of three years imprisonment for car theft. Although he had a prior conviction for theft, this was his first sentence of imprisonment. While he was in prison, he became acquainted with Ali.
Ali was released from prison a few months before Tui. Soon after his release from prison, Joe was contacted by Ali. They began to drink together a couple of times each week. One month later, Ali told Tui that his friends, Fred and Joe were planning to rob a bank and suggested that Tui volunteer to join the plan. Tui's role would be to drive Fred and Joe to the bank and be the 'getaway' driver after they committed the robbery. Tui needed money and quickly agreed to Ali's suggestion. Ali introduced Tui to Fred and Joe. He participated in their discussion about how they others would commit the robbery although he was not to play a part.
On the day of the robbery, Tui stole a car. He then picked up Fred and Joe. Guns and masks lay openly on the back seat of the car. When they were about one kilometre away from the bank, they suddenly encountered police officers stopping all vehicles to check their condition. Officer Brave signalled for Tui to stop. As Tui slowed down, Brave moved in front of the car. Fred and Joe, however, screamed for Tui not to stop. Tui then speeded up. Brave tried to get out of the way but was hit squarely and suffered severe injuries from the impact. Tui drove away and the robbery was abandoned. Officer Brave required emergency surgery to save his life.
Witnesses have estimated that the car was travelling at 60-70 k.p.h, at the time when Officer Brave was struck. The point of impact was in the middle of the front of the car.
1. Tui, Fred and Joe were identified by the police and arrested. They were charged with attempted robbery of the bank and attempted murder of Officer Brave. Analyse their liability.
2. Did Ali commit an offence?