You are instructed for the Defence in the case of R v Ali Anwar. He is charged with one count of Theft contrary to section 1 (1) of the Theft Act 1968.

Advocacy and Bar Skills 

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This examination is open book.

Questions

You are instructed for the Defence in the case of R v Ali Anwar. He is charged with one count of Theft contrary to section 1 (1) of the Theft Act 1968. He was charged at Acton police station on 8 August 2024 and has been bailed to attend Ealing Magistrates’ court on 19^th September 2024.

Your instructing solicitor has just received the second statement of Nawaz Anwar and in light of this has asked you to:

PART A

Write a letter to the Crown Prosecution Service (CPS) encouraging them to review your client’s case in the hope that the CPS will decide not to proceed with the Prosecution. You should assume it is 5 ^th September 2024.

The total word count for PART A should NOT exceed 1500 words. Any words over this total will not be marked.

TOTAL FOR Question 1: [50] MARKS

PLEASE WRITE YOUR ANSWER TO QUESTION 1 HERE:

PART B

For Part B you should assume that the letter did not lead to a disposal of the case. You should assume that it is 19^th September 2024 and that your client has just entered a guilty plea at his First Appearance at Ealing Magistrates’ Court. You should assume there is a District Judge sitting. You need to prepare and present an oral plea of mitigation.

(Max 15 minutes) (50 marks)

TOTAL FOR Part B : [50] MARKS

TOTAL FOR ASSESSMENT:       100 MARKS

The bundle for both questions continues on the following pages.

£60 and threatened me yesterday, 27 June 2024.

Ali is 22 years old. He has been struggling with depression and anxiety for the past 6 months. His mother and I have been very worried about him. Ali has just left University and is not currently working.

Recently Ali met some new friends but they are not good people. We are Muslim and Ali is our only son. As a family we do not drink alcohol. I am aware that Ali has started to experiment with alcohol because I have smelt it on his breath. I have spoken to him about it but he has always denied it.

Last night, 27 June 2024, Ali told me he was going out to see his friends and asked me for some money. Friday is our family night and I like Ali to stay at home and eat dinner with us. I told him that I did not want him to go out.

He was angry and we argued about it. I told him I would not give him any money that he might use to buy alcohol. He said I could not stop him drinking alcohol and it was not against the law for him to drink. 

I said that if he wanted to drink alcohol, he needed to find somewhere else to live. I said I did not want to see him drunk. He got very angry with me and left the room. 

I stayed sitting in my chair in the living room watching television.

5 minutes later, I heard a noise and turned to look into the hallway. I clearly saw Ali taking his hand out of my jacket pocket then move very quickly away. Seconds later I heard the front door open and slam shut. I went to look in my jacket and discovered that I only had £40 in my wallet. 

I had taken £100 in cash out of the cash machine at 5pm that afternoon. I had put it in my wallet and put my wallet inside my blazer. I did not spend any of it. I produce the withdrawal receipt for the £100 as exhibit NA/1. When I got home at 6:15pm I hung my blazer up at the bottom of the stairs. I am positive that both my wallet and the £100 cash were inside my pocket at that time. My wife has confirmed that she did not take any money out of my wallet. No one else came into the house before I discovered the £60 was missing. Ali must have taken it. When I realized what had happened, I ran out of the house to see where Ali had gone but I could not see him. I tried called his phone but he did not answer.

My wife and I went to bed at 11:30pm. I was woken at around 2:30am by some very loud banging coming from downstairs. I went down to find Ali in the kitchen banging pots and pans around. He was clearly very drunk. I was very angry with him. I told him he was a thief and he needed to leave. He picked up a pan and came towards me in a very threatening way telling me he was going to hit me.

I ran upstairs and called 999 from my mobile phone. I told the police what had happened. They told me to stay upstairs and lock my bedroom door. 15 minutes later they arrived and I went down to let them in.

As I walked past the kitchen, I saw that Ali had fallen asleep at the table. The policeman spoke to my wife and I in the hallway and this must have woken him up as he was sitting up, awake when the policeman went into the kitchen.

The policeman told my wife and I to stay in the living room and he went into the kitchen to speak to Ali. A few minutes later I saw that he was leading Ali outside in handcuffs. Ali was crying as he left the house. They drove off in the police car.

I feel very angry with the way Ali has behaved towards me. I did not give him permission to take my money and I felt scared of him when he threatened me with a pan.  I am willing to attend court.

Signature.. Nazar Anwar..                                Signature witnessed by A Doran

Form MG4

ACTON POLICE CHARGE(s) 

Surname         ANWAR Forename(s) ALI

Address           16 POPES LANE                                DOB        25/7/2002

ACTON                                               Sex/Ethnic App. MALE LONDON                Date of arrest

28/06/2024

Postcode W12 3ND                   Interpreter (lang/dialect) ……………………

You are charged with the offence(s) shown below. You do not have to say anything but it may harm your defence if you do not mention now something which you later rely on in court. Anything you do say may be given in evidence. 

 BAIL WITHOUT CONDITIONS

National Form MG4D

Ali had been finding it very difficult since leaving University because he did not have a job. He has finally got a job and is currently on a 6 month trial period. He paid me back the £60 when he got his first pay through and he has been contributing to the family finances every week.

Ali had to tell his boss that he had been charged with this theft. He is on a probationary trial period at work. His boss has told him that if he is convicted of the theft he will lose his job. I do not want that to happen as it has taken him so long and so much effort to get this job and he seems very happy there.

I would also like to say that I exaggerated the way Ali behaved towards me that night. I was very angry with Ali for how he had behaved especially how drunk he was. When I rang the police I wanted to be sure they would arrest him and take him away. I told them that he had threatened me with a pan, but this was not true. I had shouted at him and he had shouted back at me but he was so drunk I was not in any danger from him.

I know it was wrong of me to do that and I am very sorry. I was worried that the police would not come to arrest him unless I said he was being aggressive to me.

I accept that I lied to the police in order to get Ali arrested that night. I am very sorry.

Ali did steal £60 from me but I no longer support any prosecution. I would like the case to be discontinued so that Ali does not have to go to court on 19 September. 

Signature.. N Anwar.                                        Signature witnessed by A Doran

[CONTINUED ON NEXT PAGE]… 

Metropolitan Police - Record of Tape Recorded Interview Person Interviewed:     Ali Anwar 

Place of Interview:         Acton Police Station Date of Interview:         28 June 2024

Time Commenced:        14:00

Time concluded:           14:25

Duration of Interview:    25

mins

Tape Ref Nos GH/21/3456 Interviewing Officer(s): PC 654 Doran Other persons present: None

 [CONTINUED ON NEXT PAGE]…

Proof of evidence

I am Ali Anwar. I am 22 years old. I live at home with my mum and dad. Before now, I have never been in trouble with the police. I have never even been arrested before.

I have been living at home, since finishing university in June 2023. I have a degree in Urban and Regional planning from Nottingham Trent University.

I have been trying to get a job for over a year. It has been very difficult for me, mentally, not working. I have applied to over 50 jobs but have only had a handful of interviews. For the past 6 months I have become increasingly anxious and found it very difficult to socialize. I was spending more and more time in my bedroom at home and my mental health was really suffering.

One afternoon I made myself go out to the park for a walk. There was a man there walking his dog.  The dog ran into me and I fell over, banging my knee quite badly on the gravel path The man was really apologetic about it and we got talking. He told me his name was Jonas and he offered me a bottle of beer by way of apology.

I told him I didn’t drink. He couldn’t believe I had never even tried alcohol. He said it was great for nerves and would stop my knee hurting from the fall. I can’t explain why, but I took the beer and drank it all very quickly. The effect was instantaneous. I felt relaxed and for the first time in a long time, I felt happy. He could see that I was enjoying myself and he insisted on taking me to the local pub for another beer. One thing led to another, and I had 3 pints of beer with him.

I enjoyed the sensation of being drunk. We exchanged numbers and he said we should go for another drink sometime soon. Before long, I was meeting him 2 or 3 times a week in the pub. None of my friends or family in London drink alcohol.

It was a release to be able to go out with someone who would not judge me for drinking and I thought we were good friends. He introduced me to his friends who were local to the pub as well. Jonas was always very generous and insisted on buying most of my drinks. I had very little money as I had no job and had to ask my parents for money all the time.

On 26 June 2024, I was in the park when I saw Jonas. He seemed angry with me, telling me that I owed him money and if I didn’t pay it, I would regret it.

He said he had bought me hundreds of pounds worth of drinks and it was time to pay him back. I tried to explain that I didn’t have any money, but he told me I needed to give him £150 a week until my debt was paid off or he would hurt me. I was very scared. The next day I asked my Dad for money but he would not give it to me because he thought I would spend it on alcohol. I saw no option but to take money from his wallet on 27June.

I took £60. I was intending to give all of it to Jonas but on my way to meet him I bought a bottle of vodka. I ended up giving Jonas £50 and drinking the vodka by myself. I had never had spirits before and it affected me very badly. I do not remember how I got home or what happened when I did get home. I only remember waking up in the kitchen and a policeman arresting me for stealing money from my Dad.

I have since found out that Jonas’s brother owns the pub and this was a trick he had played on a few other people to get money out of them.

Being arrested and spending the night in the police station shocked me. I know I did not admit what had happened straight away, but this was because I was feeling very unwell from the vodka and I was scared. when I got home, I apologized to my parents. I felt so ashamed of what I had done.

In July I was finally successful in getting a job. I am now on a 6 month probationary period working at Brent Council in the Planning Department. This is an excellent opportunity for me and I am really enjoying the work.

When I was charged with this matter, I realized that I needed to tell my boss about the situation. She has informed me that if I am convicted then I will lose my job. I am very worried about the impact a theft conviction will have on my future employment prospects.

I know what I did was wrong but my Dad and my Mum have forgiven me. I have been very honest with them about what happened. I have not had a drink since 27 June and I don’t intend to drink again. I have started volunteering at our local cinema on Friday and Saturday nights. It is run as a charity, funding school building projects in Africa. I find it very rewarding and helps to make sure I am not tempted to go to the pub on Friday night after work.

I am paid £1700 per month before tax. If I pass the probation period this will increase to £2100 per month. 

I am willing to do whatever it takes to stop this prosecution if it means I can avoid a criminal record.

My solicitor asked me to get references from my work and from the cinema. These are attached.

[CONTINUED ON NEXT PAGE]……

Brent Town Planning Department Apex House

Wembley

To Whom it May Concern

I am writing this letter on behalf of Ali Anwar who has been employed by Brent Council since 22 July 2024.

Ali is part of our Graduate Programme and has been taken on, on a Probationary basis for 6 months. The Probationary period will end on 22 January 2025.

If Ali successfully completes his probation he will be taken on as a permanent employee.

I have been extremely impressed by Ali’s dedication to the role and the initiative he has shown since arriving. He is always in work early and produces work of a consistently high standard within the time scales set.

Ali has been very honest with me in letting me know that he has been charged in relation to a theft allegation. He has explained the situation and I understand it relates to an incident involving his father.I can confirm that should Ali be convicted of this offence, it would mean the immediate termination of his contract and he would not be eligible to complete his probationary period. It is a precondition of the probation that employees are not convicted of any dishonesty offences.

Yours sincerely

Harriet Gilmore

Brent Council

The Lexi Cinema Registered Charity no: 1348792