PLS TUTORIAL: CRIMINAL CASE EXERCISE

John and David are good friends. Both of them were also business partners who
established a private company in 2013 which was located in London (UK).

However, their private company was in financial difficulties since 2016 and in
December 2019, it had to close down. David owed John a large sum of money
(£500,000) when they were still business partners.

In early March 2020, David called John and told him that he (David) wants to invite
him (John) to his apartment for dinner to settle his debts. Two weeks later, John
went to David’s apartment for dinner. When John arrived at the apartment, he met
briefly with David’s next-door neighbour, Alan who returned to his apartment after
work.

Later that night, Alan over-heard a heated argument from David’s apartment. Alan
saw John leaving David’s apartment in a hurry and the door to David’s apartment
was left open. Alan suspected something was wrong and went into David’s
apartment.

Alan saw David’s body lying on the ground. Alan also found a blood-stained knife
beside David’s body which had several stab wounds in his neck and stomach.

Alan contacted the police.

JOHN’S ARREST BY THE POLICE

One week after David was killed, the police managed to locate John. John was
arrested by the police and was interrogated (questioned) by the police when he
(John) was detained at the police station.

The police also questioned John about the knife. John told the police that he bought
the knife from a shop nearby his house. John told the police that the owner of the
shop who sold him the knife was Adam.

The police later questioned Adam and he (Adam) confirmed that he sold the knife to
John. Adam told the police that he knows John quite well as he (John) was a regular
customer at his shop.

JOHN’S CHARGE FOR MURDER

The police completed their investigation and stated that they have sufficient evidence
for the charge of murder against John.

The CROWN PROSECUTION SERVICE after reviewing the police investigations

decided to proceed with the charge of murder against John.
RELEVANT FACTS FOR JOHN’S CRIMINAL CASE

 THE KNIFE THAT WAS FOUND BESIDE DAVID’S BODY: The blood-
stained knife that was found beside David’s body has John’s finger-prints on
it.

 JOHN’S POSSIBLE DEFENCE TO HIS CHARGE FOR MURDER

You have interviewed John while he was detained at the police station. John alleged
that David had threatened to “kill” him with a gun during a heated argument when he
was in David’s apartment. John stated that he had stabbed David in SELF-
DEFENCE.

The police also searched David’s apartment and found a gun. The finger-prints on
the gun was confirmed to be David’s finger-prints.

 JOHN’S CHARACTER

- John was a drug-addict before he met David. However, John had undergone
rehabilitation and is no longer addicted to drugs.

- John had a previous conviction (when he was still a drug addict) for
shoplifting where the amount he stole was £100.

- After John recovered from his drug-addiction, John was actively involved in
charity work and even volunteered to help other drug addicts to kick their drug
addiction.

- John has also regularly attended church and is a devout Christian. The priest
at a local church which John regularly attended knows John very well.

- John has donated regularly to the local church and is actively involved in the
activities of the local church which he attends.

You are the lawyer (Barrister) who will be representing your client, JOHN
(the defendant) at the CROWN COURT in London.

QUESTIONS: As a LAWYER representing John, you are required to consider the

following questions:

 Assess what are STRENGTHS and WEAKNESSES of John’s criminal case

STRENGTHS OF JOHN’S CASE WEAKNESSES OF JOHN’S CASE

 As the lawyer representing John, would you advise John to either plead guilty
or not to plead guilty? Please state your reasons.

 What are the advantages (if any) if John has decided to plead guilty? Please
state your reasons.