Criminal Law

Scenario

You are asked to attend a meeting between your firm’s new client, Mr. G. Ilty Assin, and the senior criminal practice attorney, Attorney Cheatham. Mr. Assin was recently arrested and has retained the firm’s services to represent him. Attorney Cheatham asks Mr. Assin to begin by detailing exactly what happened.

I was sitting in a restaurant, and a woman walked over to me and sat down. She said her name was Sally. She asked if I was available, and she winked at me. I’ve been single for 2 years, so I answered yes, I was available, and I winked back. The waiter came, and she ordered a dry martini with three olives. I said I would have the same. Before the drinks came, she said she needed to visit the powder room, and when she got up to leave, she slid an envelope under my water glass. The next thing I knew, I was being arrested and now I’m here. I’m telling you, I didn’t do anything wrong!

The police were following Sally, whom they previously identified as seeking to hire someone to murder her husband. She met an undercover police officer in an Internet chat room and offered him $5,000 to kill her husband. They arranged to meet at the restaurant for the exchange of money. Sally was supposed to meet the undercover police officer, whom she never saw before, at the restaurant and ask if he was available and wink. The undercover officer was supposed to say that yes, he was available and wink back at her. She would then order a dry martini with three olives and the undercover officer would order the same thing. Sally did not know that she picked the wrong man at the restaurant and instead of giving the money to the undercover officer, she gave the money to Mr. Assin.

Assin has been charged with attempt to commit murder in the first degree. Attorney Cheatham tells Mr. Assin that he has a very interesting case and asks you to prepare a memo. The following should be included in the memo:

Explain the elements of murder including what is required to convict someone of attempt to commit murder.
Explain whether or not Mr. Assin committed attempt to commit the murder of Sally’s husband.
Explain why or why he has not committed the crime.

USING UK LAW.

Tom and Jerry, his wife, own a farm. Business has been bad lately and they are struggling financially. One day Jerry suggests that they should refurbish a barn on their land to expand the business. Tom is furious and says to Jerry; “You can forget it, we don’t have the money, it would be better to burn it down.” Tom leaves to go to the wholesalers to buy animal food.
Jerry sets fire to the barn, believing that is what Tom wants her to do. On arriving home, Tom sees the fire and Jerry standing nearby, smiling.
Tom runs into their house, picks up Jerry’s favourite china plates and says to her, “What have you done? I am going to smash these to pieces!”

Jerry, infuriated, grabs a spade and runs towards where Tom has parked his truck, holds the spade over the truck and says; “go on then, I dare you”. Tom puts the china plates back on the table. Jerry starts crying and drops the spade.
Later, Emma, their employee, arrives for work. Tom and Jerry tell Emma that they cannot afford to employ her any more. Emma is angry and bitter at the news. Emma goes into the garage, finds a pair of cable cutters and when no-one is looking, cuts the brake cable on Tom’s truck. Tom is going to be driving the truck to the farmers market later that day.
Advise the parties as to their criminal liability for criminal damage, if any