UK CRIMINAL LAW

Stella and John are very good friends. They study at the same university and spend a lot of time together. John is experiencing a lot of stress due to financial problems. His part-time job at a local pub does not provide him with the money he needs for his extravagant lifestyle, which includes travelling and frequent heavy drinking with friends. One day, as he talks to Stella about his problems, she asks him whether his boss keeps any money in the pub overnight. When John answers that there is always some money under the bar, Stella says to him: 'you know, you could take some money now, just to meet your immediate needs'. John reacts angrily, stating that he is an honest man. The next day, Stella visits John at his flat. They talk about John's financial problems again, and Stella reminds him of the money in the pub, telling him to 'just take it, nobody will notice'. John seems to be considering taking the money, and Stella insists that it is the best option for him. That night, John is alone in the pub, cleaning the place after everyone is gone and the doors are closed. He is still reluctant to take the money, but he remembers what Stella told him and finally makes up his mind. He takes 500, which he later uses to pay some of his bills.

Several days later, John's boss hasn't realised that the money is missing. John is very upset and feels guilty for taking the money. He stays in the pub until late and drinks heavily. As he is collecting his things, preparing to leave, he takes a pen, which belongs to another member of staff, and puts it in his pocket along with his wallet and keys. He is aware that there are three items in his pocket instead of two, but doesn't give the matter any more thought. When he gets home, a few minutes later, he realises that he has lost his mobile phone case. He sees his roommate's phone on the shared kitchen table and notices that the case is identical to the one he lost. He takes the case, checks that it is a perfect fit for his phone, and goes to bed. The next day he wakes up with a hangover and doesn't remember anything about the pen or the case.

Assess the criminal liability of John and Stella.

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