The Criminal law is one of the most flexible and diverse areas within the legal profession. This is a trial book, which focuses on a charge of assault under the Offences Against the Person Act 1861.
This case was about an assault, which took place outside a restaurant in convent garden. This was exacerbated when the complainant, his brother and two women all travelled back home after having a night out. After they had finished their night out they all made their way home in a taxi. They needed to pass the restaurant in order to make it home safely. The taxi pulled up across the road from the restaurant and when they arrived they noticed three Asian men standing outside. They all got out of the car, the brother and one of the girls got out the left side and both the complainant and the other girl got out the left on the right. The brother then paid the driver, there were cars passing and both the complainant and the other girl crossed the road making their way over to Royals. The girl stumbled and fell to the pavement so the complaint helped her up. The defendant went over to the complaint and started on him. The complainant asked the defendant to stay away so the defendant then went back into the restaurant. Shortly after this he re-emerged out of the restaurant and attacked the complainant from behind, with an object known to be coins, wrapped in a white cloth, causing three wounds in the back of his head.
Table of Contents
- Preface
- Introduction
- Participants List
- The facts of the case
- Past history leading to the events
- The complainant's version of events on the 28th November 2009
- The defendant's version of events on the 28th November 2009
- The disputed facts
Objectives and Key Themes
This trial book aims to explore a case of assault, focusing on the prosecution's struggles to prove their case. It examines the events leading up to the assault, the differing accounts of the complainant and defendant, and the key points of contention.
- Assault under the Offences Against the Person Act 1861
- The prosecution's burden of proof
- Differing accounts of the incident
- The significance of past history and harassment
- The role of evidence and witness testimony
Chapter Summaries
- Preface: Provides an overview of the case, focusing on the charge of assault and the prosecution's difficulty in proving their case.
- Introduction: Introduces the trial setting, participants, and the purpose of the trial book.
- Participants List: Lists the individuals involved in the trial proceedings.
- The facts of the case: Briefly presents the key facts of the case, including the assault incident.
- Past history leading to the events: Details the background between the complainant and defendant, highlighting a history of harassment and conflict.
- The complainant's version of events on the 28th November 2009: Presents the complainant's account of the assault, including his claims of being attacked by the defendant.
- The defendant's version of events on the 28th November 2009: Presents the defendant's account of the incident, arguing that the complainant was the aggressor.
- The disputed facts: Identifies the key points of disagreement between the complainant and defendant's versions of events.
Keywords
The trial book focuses on key terms and concepts related to assault, criminal litigation, and legal proceedings. This includes the Offences Against the Person Act 1861, the burden of proof, witness testimony, evidence, and the prosecution's strategy in securing a conviction. The text also examines the role of past history, harassment, and the complexities of interpreting conflicting accounts of an incident.
- Quote paper
- James M Corbett (Author), 2012, The Criminal Trial. The Case of Crown Vs Savage, Munich, GRIN Verlag, https://www.grin.com/document/428361
