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
1. Preface
2. Introduction
2.1 PARTICIPANTS LIST
2.2 The facts of the case
2.2.1 Past history leading to the events
2.2.2 The complainant’s version of events on the 28th November 2009
2.2.3 The defendant’s version of events on the 28th November 2009
2.2.4 The disputed facts
2.3 The Other evidence
2.3.1 Real evidence/Exhibits
2.4 The offence charged
2.4.1 Mens Rea
2.5 Brief for the Prosecution
2.6 The Indictment
2.7 The Defence Statement
2.7.1 Nature of the defence
2.8 Case Theories
2.8.1 The Prosecution theory
2.8.2 Prosecution theme
2.8.3 The defence theory
2.8.4 The defence theme
2.9 Chronological order of proceedings
2.9.1 Day One 16th January 2012
2.9.2 Day Two 17th January 2012
2.9.3 Day Three 18th January 2012
2.10 Day One 16th January 2012
2.10.1 Admissibility of evidence
2.10.2 Jury selection
2.10.3 The prosecution opening speech
2.10.4 Prosecution calls their first witness – the complainant
2.10.4.1 Examination in chief
2.10.4.2 Cross examination of complainant
2.10.4.3 Prosecution re examination
2.10.5 Prosecution calls their second witness
2.10.5.1 Cross examination of the second witness
2.10.6 Prosecution calls their third witness
2.10.6.1 Cross examination of the third witness
2.11 Day Two 17th January 2012
2.11.1 Prosecution calls their fourth witness (Restaurant owner)
2.11.1.1 Examination in chief
2.11.1.2 Cross examination of the fourth witness (Restaurant Owner)
2.11.2 Prosecution calls their fifth witness (Police Officer)
2.11.2.1 Cross-examination by defence
2.11.2.2 Prosecution re examination
2.11.3 Character direction
2.11.4 Examination in chief – Mr R Savage (Restaurant Manager)
2.11.4.1 Cross-examination by the prosecution of the accused - Mr R Savage (Restaurant Manager)
2.11.4.2 Re-examination by defence - Mr R Savage (Restaurant Manager)
2.11.5 Prosecution closing speech
2.12 Defence closing speech
2.13 Judge directions
Objectives and Topics
The primary objective of this work is to provide a detailed, observational account of a criminal trial at Southwark Crown Court, focusing on a charge of unlawful wounding. The work examines the procedural dynamics, the evidentiary challenges faced by the prosecution, and the effectiveness of the defense strategy in a case characterized by conflicting testimonies and histories of harassment.
- Legal analysis of the Offences Against the Person Act 1861, specifically Section 20.
- Evaluation of trial advocacy techniques including examination-in-chief and cross-examination.
- Critique of prosecution theory versus defense strategy regarding the burden of proof.
- Examination of character evidence and the impact of witness credibility on trial outcomes.
Excerpt from the Book
The complainant’s version of events on the 28th November 2009
On the early evening of the night of 27th November 2009 the complainant accompanied by his brother and two other women were having a night out. They entered several pubs and had a number of drinks between them. The complainant had 8 pints to drink. After they had finished their night out they all made their way home in a taxi. The complainant lives in a block of flats situated at the back of the Royals restaurant. This meant 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. One of whom was the defendant. They then proceeded to get out of the car, the brother and one of the girls got out the left side and both the complainant and the other girl left on the right. The brother then proceeded to pay 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, it was at this point that the defendant went over to the complaint and started on him by pushing him. The complainant asked the defendant to stay away so the defendant then went back into the restaurant. Shortly after this he re-emerged, approached and attacked the complainant from behind, with an object known to be coins, wrapped in a white cloth, 2-3 times causing three wounds in the back of his head. The complainant had no recognition of what happened after this as he fell to the ground and passed out.
Summary of Chapters
Preface: Introduces the focus of the book, which is a trial concerning a charge of assault under the Offences Against the Person Act 1861.
Introduction: Outlines the logistics of the trial at Southwark Crown Court, presents the participants, and details the facts of the case and past history leading to the event.
The offence charged: Analyzes the legal requirements for a section 20 OAPA 1861 offence, discussing both Actus Reus and Mens Rea.
Brief for the Prosecution: Details the materials provided to counsel and the prosecution's initial strategy for the trial.
The Indictment: Presents the formal charges brought against the defendant in the standard court format.
The Defence Statement: Outlines the accused's version of events and his stance on the prosecution's allegations.
Case Theories: Contrasts the prosecution's theory of a vicious, unprovoked attack against the defense's theory of self-defense.
Chronological order of proceedings: Provides a timeline of the three-day trial, listing witnesses and key court events.
Day One 16th January 2012: Covers the admissibility of character evidence, jury selection, and the opening stages of the prosecution's case.
Day Two 17th January 2012: Focuses on the testimony of the remaining prosecution witnesses and the beginning of the defense case, including the defendant's own testimony.
Defence closing speech: Summarizes the defense's final argument to the jury, highlighting the inconsistencies in the prosecution's case.
Judge directions: Describes the judge's summary of the case and the subsequent jury deliberation leading to the verdict.
Keywords
Criminal Litigation, Unlawful Wounding, Section 20 Offences Against the Person Act 1861, Trial Advocacy, Prosecution Theory, Defence Statement, Cross-Examination, Witness Credibility, Admissibility of Evidence, Burden of Proof, Southwark Crown Court, Self-Defence, Character Evidence, Jury Selection, Verdict.
Frequently Asked Questions
What is the central focus of this book?
The book provides an in-depth observational study of a criminal trial at Southwark Crown Court, centered on a specific case of unlawful wounding under the Offences Against the Person Act 1861.
What are the core themes explored in this text?
The text focuses on legal trial techniques, the construction of prosecution and defense theories, the reliability of witness testimony, and the impact of past behavioral history on criminal proceedings.
What is the primary objective of the case presented?
The aim is to explore how the prosecution attempted to prove its case and, conversely, how the defense successfully challenged the evidence and inconsistencies to secure an acquittal.
Which legal methodology is highlighted in the book?
The book emphasizes trial advocacy methods, specifically the use of open-ended questioning during examination-in-chief and the strategic use of cross-examination to discredit opposing witnesses.
What does the main body of the work address?
The main body covers the trial proceedings chronologically, including the opening speeches, the examination of witnesses, legal arguments regarding evidence admissibility, and the final closing speeches.
Which keywords best describe this work?
Criminal Litigation, Unlawful Wounding, Trial Advocacy, Section 20 Offences, Prosecution Strategy, Defence Tactics, and Witness Credibility are the key descriptors.
Why was the defendant’s previous character relevant in this trial?
The court evaluated the defendant’s past character to determine if a previous caution for cannabis possession was relevant, ultimately deciding it added nothing to the current assault charge.
What role did the restaurant owner’s testimony play in the outcome?
His testimony was pivotal as it provided a contrast to other witnesses, particularly in confirming that he did not see the defendant in possession of a weapon, which directly challenged the prosecution's narrative.
How did the defense effectively use the complainant’s past record?
The defense used the complainant's prior conviction for harassment to establish a pattern of behavior and to cast doubt on his version of events, arguing that the complainant harbored a grudge against the defendant.
- Citation du texte
- James M Corbett (Auteur), 2012, The Criminal Trial. The Case of Crown Vs Savage, Munich, GRIN Verlag, https://www.grin.com/document/428361
