LW205: Criminal Law and Procedure 1

Question 1

Johnnie was a police officer. He arrested a prostitute, Lili, who was soliciting outside a hotel. He told her that he could make things 'very difficult' for her but that he would let her go free if she performed oral sex (fellatio) upon him. Lili said she would do what he wanted. Afterwards, Johnnie refused to let her go. He took her to a police station where she was formally charged. When Lili complained to Johnnie that he had broken his promise, he responded: 'More fool you for believing me.' Lili discussed what had happened with her friend, Diana, who was also a prostitute. Diana said that Johnnie had done the same thing with her a couple of days previously. They decided that they would complain about Johnnie's behaviour to his superiors. The following day, Diana began to feel ill and was diagnosed with COVID-19. Two days after that, Lili also was diagnosed as suffering from COVID-19. Analysis showed that they were suffering from the same strain of the disease and tracing their contacts established that they had caught it from Johnnie. Johnnie denied knowing that he was infected. However, his wife had been sick with the disease and he had been advised to socially isolate himself as a precautionary measure in case it had been transmitted to him. He had ignored the advice and continued to work as normal. Police officers interviewed Diana about her complaint concerning Johnnie at the small apartment she had just started renting. While questioning her, Officer Sharp noticed a jar containing white powder on top of a cabinet. Sharp was suspicious and asked Diana what was in the jar. She responded: 'I have no idea. I just moved in a couple of days ago. I have never noticed it.' Sharp asked whether he could take it away for the powder to be analysed and Diana agreed. The analysis showed that the powder was cocaine, an illegal drug.

(a) Analyse Johnnie's liability for his conduct in relation to Lili and Diana.

(b) Analyse Diana's liability for possessing cocaine.