Mr Barista is a lorry driver from Eastern Europe whose usual route, delivering goods to England, is through Calais. One evening he was stopped by Border Force officers who were checking that no illegal drugs, firearms or other offensive weapons such as pepper spray or Tasers (Tommy Automatic Swift Electric Rifle) were being imported into England.
Please see the file attached below and go to page 40 for the full scenario.
Advise Mr Barista fully.
Your answer should include:
1. The application of the relevant case.
2. A discussion of the operation of the doctrine of precedent in this case.
3. A discussion of the relevant statutes and the reason for this law.
4. A full discussion of the legal defence and legal reasoning.
5. A discussion of the sentencing guidelines in the statute and how this was interpreted and applied in the two main cases relevant to this scenario.
6. Consider whether it is likely that the sentences passed in these cases will be adhered to in future cases where illegal weapons are imported – such as Mr Barista’s case.


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