Moot 2011 - Problem 1 - Criminal Law - Question - Collas Crill

Best Practice // Offshore Law
∞ PROBLEM 1 —CRIMINAL LAW: QUESTION
“Regina v Childs”
A criminal trial is taking place in which Amy Childs, the Defendant, denies the charge - "That on 11 July
2011, without lawful excuse, Amy Childs damaged the conservatory door of Tudor Mansion, Romford
Road, Dagenham intending to damage such property or being reckless as to whether such property
would be damaged". Amy Childs has pleaded not guilty.
The Defence believe that the prosecution's evidence is sufficiently weak to make a submission of no
case to answer. The Prosecution must argue that a submission of no case to answer should not
succeed.
Evidence of the Defendant:
I was born on 10 April 1990. I lived with my parents at No 6 Romford Road, Dagenham, until May 2007
when I left home after a blazing row and went to travel Europe for three years. I came back to
Dagenham in May 2011. Despite all my best efforts, I struggled to find work and ended up sleeping
rough most nights in the park.
On the evening of 11 July 2011 I bought some cans of cider and went to drink them in the park. I was
wearing a dark red dress and black shoes. After an hour I fell asleep. The next thing I knew I was woken
up by a policeman and arrested for criminal damage.
I am told I was identified by Kirk Norcross who thinks he saw me trying to break into Tudor Mansion. I
was not there at any time that night. I vaguely remember Kirk Norcross. I think he used to live near me
and was quite friendly with an acquaintance of mine, Mark Wright. I can't remember if we've ever
spoken.
I would describe myself as about 5 foot 6 inches tall, of slim build with medium length brown hair.
I have no previous convictions.
Evidence of the Prosecution
Witness 1, Kirk Norcross:
My name is Kirk Norcross. I live in Romford Road, Dagenham where I have lived since April 2007. Tudor
Mansion is just on the corner. It's very near to my house.
I used to be friendly with Alice White. She used to live at No 6 Romford Road. Miss Childs was Miss
White's youngest daughter. I didn’t really speak to Miss Childs but I saw her around on a daily basis. She
was always hanging around with a colourful group of people who always seemed to be getting into
trouble.
I think Miss Childs left Dagenham about six months after I moved into Romford Road. I had not seen her
since until 11 July 2011.
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Best Practice // Offshore Law
On 11 July 2011 I went out on a night out with friends to a nightclub called "Sugar Hut". "Sugar Hut" is
always a great night. I think I'd had about seven Candlestick cocktails but I felt fine. As I was walking
home down Romford Road I saw a person bashing the door of Tudor Mansion with something that
looked like a spanner. Or it could have been a lead pipe. I was about twenty metres away. When they
saw me, they ran away down the road, passing under two streetlamps.
It was dark by the front door but I got a good 5 second view of her. The person I saw was about 6 feet
tall with dark hair. She was wearing floaty trousers or it could have been a dress. I know my description
could fit a lot of people but I am certain it was Amy Childs.
Witness 2, Harry Derbridge:
My name is Harry Derbridge. I have lived in Romford Road since around April 1990. I would say I know
the people and the area well.
I knew the White family. They used to live at No 6 Romford Road. Their niece, Amy Childs, used to live
with them. We always called her Childs. They moved away about two years ago after Childs had left
home. I think she'd gone abroad to work. I've seen her around Dagenham recently. She looks like she
might have got herself into trouble. I know she's been sleeping rough in the park.
I knew Childs from when she was a little girl until she left home. The person in the dock looks like Childs
to me.
On 11 July 2011 I was out with my friend, Kirk Norcross, at a club in Dagenham. I think it's called
"Honeycomb" or something. I think we left the club at about half ten to walk home together. As we
were walking down Romford Road we heard a terrible noise. A lot of banging and wood and glass
breaking. I saw a woman trying to kick in the front door of Tudor Mansion. We were about fifteen
metres away. She saw us coming and stared at us for a second. I thought we were in for trouble but
then she ran away.
The street was fairly dark. I think there may have been one streetlamp on. Often they don't work
properly. They can drive you mad when they flicker away. I can’t remember if the woman ran under any
streetlamps. I'm not sure.
The woman I saw was about 6 feet tall with short dark hair. I would say she had a slim build. She was
definitely wearing black shoes and a red dress. I think it was Amy Childs.
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