1. You are employed as a legal executive in the firm of Messrs Placido Man & Co., solicitors. On the 14th February 2016, your principal, Mr. Brutus Ho receives a telephone call from Romeo who has been arrested on suspicion of shop theft of 2 packets of 003 type condoms from Watsons and is detained at Aberdeen police station. You accompany your principal for a legal visit at the police station. Your principal interviews Romeo. He denies the offence. He says he did not intend to steal the condoms but had gone to Watsons to buy some. He was intending to spend a few hours that evening with his girlfriend Juliet, and whilst he was inside Watsons, he received a call on his mobile phone from Juliet telling him that she wanted to break off their relationship and would not see him later on that evening as she had found a new dashing boyfriend. Romeo was shocked by this unexpected news. He was so distraught that he walked out of Watsons without realizing he had not paid for the items. Romeo had been Juliets boyfriend for 7 years. He has 1 previous conviction for possession of dangerous drugs. That was 7 years ago. He lives with his aged parents and works as a hair-stylist earning HK$8888 per month. The police will not grant him bail and he is due to appear in Eastern Magistracy tomorrow. (a) Is Romeo obliged to answer any police questions about the offence? What advise would you give him about this? (b) What submissions will you make in relation to court bail? What conditions of bail will you suggest? Is bail likely to be granted? (c) Assume that Romeo pleads not guilty to the charge and a trial date is set. Outline the trial procedure on a plea of not guilty in the Magistracy. 2. Cleopatra had been out with a group of friends. When she arrived home at 6 am on the 11th February 2016, her husband Anthony was waiting at the door and shouted at her I phoned you a 100 times on your mobile phone but you did not answer. You must be having an affair, you slut, you are a whore. I am going to kill you. He made a number of other insulting and abusive remarks about Cleopatra. After a heated argument, Cleopatra went to bed. She awoke to find Anthony shredding her clothes, including all her designer dresses. He made many further vulgar comments about Cleopatra and also said that she was a bitch and like a cheap Shamshuipo chicken. Cleopatra became furious. She ran into the kitchen and Anthony followed her continuing with his humiliating remarks. Cleopatra suddenly got hold of a knife. There was another heated argument, and she stabbed Anthony repeatedly in the stomach. Anthony was subsequently taken to hospital and died from his injuries. Advise Cleopatra of her criminal liability (if any) for homicide. Would your answer be any different, if Cleopatra was acting in self defence?
