Posted: May 1st, 2022

Module: Criminal Law and the Law of Criminal Evidence

Module: Criminal Law and the Law of Criminal Evidence
Module Code: LAW-5-CL2
Credit score Worth LLB 20 CAT’s
Assessment Trial Statement
Date for Submission: Friday 30 April 2021 by way of on-line submission on Moodle.

COURSEWORK FORM FOR SUBMISSION

STUDENT CANDIDATE NUMBER……………………………………………….

ONLINE TRIAL NAME……………………………………………………………………….

DATE OF VISIT………………………………………………………………………

DURATION OF TRIAL (HOURS)………………………………………………….

NUMBER OF DEFENDANTS……………………………………………………….

OFFENCE CHARGED……………………………………………………………….

………………………………………………………………………………………….

………………………………………………………………………………………….

BRIEFLY STATE THE PROSECUTION CASE

The case was between Mr. Kenneth Eden and Barbara Mary Brown, a Broom Lodge neighborhood residence pupil. Kenneth Brown was accused of two prices, theft prices in response to the Theft Act of 1978 after stealing a silver neck and a worthwhile pendant, on twenty-five June in full Chester value of seven ponds . The accused denied the prices and pleaded not responsible. Kenneth Eden was additionally accused of one other offense of assaulting Barbara, a minor and an unofficial daughter since Mrs. and Mrs. Eden acted as the unofficial aunt and uncle for years. Attorneys representing either side questioned the witnesses on varied allegations to find out whether or not Mr. Eden was responsible of the accusations. . Kenneth was accused of having dedicated each offenses on Saturday afternoon, 25 June, after inviting Barbara into his home for some tea together with his spouse, Mrs. Eden, also called Margaret. In accordance with Barbara, Mr. Eden known as the faculty, the place she picked and obtained the invitation in the afternoon. Having not informed anybody about the invite, Barbara went to Mr. Eden’s residence in acre excessive, the place he made sexual advances. In accordance with Barbara, Mrs. Margaret was not round, as acknowledged earlier by Mr. Eden. Therefore. They had been on their own at residence chatting, solar busking, and listening to crickets on a solar lounger. Throughout this time that Mr. Eden took off her necklace, fixed it on his neck, and later put his arms in her bra, making an attempt to achieve to the bra handler .
Mr. Eden’s sexual gestures had been threatening to Barbara. She jumped up in shock. Because of this, her shirt and bra strap was torn by Mr. Eden’s arms that had been caught in the shirt. Barbara threatened to inform his spouse instantly, which made him panic, begin crying and requested her to not inform anybody. Mr. Eden, nevertheless, denied all the allegations, comparable to calling the faculty, inviting Barbara, placing his hand in Barbara’s shirt, tearing her shirt, and stealing the necklace, which was in his neck when the police arrived on the scene. In accordance with the hearings, Barbara’s mom observed that her daughters’ shirt was torn on the shoulders after she went residence crying straight to the bed room. The mom, nevertheless, was involved and determined to name the police, utilizing an announcement that “how lengthy will it take so that you can do one thing”. The court docket course of concerned testimonies from witnesses’ interviews of the defendant and the sufferer and items of proof offered by the attorneys. Some of the witnesses included Barbara, Miss Linnet Mason, Margaret’s spouse to Mr. Eden, and Miss Lawton, a social employee in a social service division in cost of kids’s neighborhood houses at Broom Lodge faculty .
Aside from Mrs. Eden, the witnesses supporting the allegations and confirming that Mr. Eden had bizarre behaviors of not preserving “his arms to himself”, Miss Lawton acknowledged that Mr. Eden had sacked Aisha earlier than the court docket and pinched her behind. Additionally, Eden had written to the division regarding Lawton’s being unfit to work in the division, which was primarily based on his emotional stress after the social employee had a detailed relationship with Miranda. Mr. Eden, nevertheless, didn’t like Miss Lawton attributable to her robust political views and help for the susceptible, comparable to ladies and much less privileged in the neighborhood. Moreover, Miss Linnet Mason, a former member of the Broom Giant neighborhood, testified of Mr. Eden’s sexual pursuits and after visiting her residence six months earlier than the accusations. In accordance with Miss Mason, Mr. Eden had may pull the pupil right into a nook. The case was supported by proof exhibiting the garments worn by Barbara on that day, together with a blue skirt, brown pants, a necklace given by her mom on her birthday, and some sandals.

1. STATE ALL THE EVIDENCE PRESENTED BY THE PROSECUTION AND THE FACTS IN THE PROSECUTION CASE THAT ARE PROVEN BY THE EVIDENCE.

PROSECUTION EVIDENCE FACTS IN ISSUE PROVED

A

PROSECUTION EVIDENCE FACTS IN ISSUE PROVED

2. BRIEFLY DESCRIBE THE SUBSTANCE OF THE DEFENCE CASE.
Mr. Eden denied the allegations from Barbara and the witnesses who’ve comparable accusations of assault in help of the protection legal professional. Nonetheless, the protection counsel acknowledged a number of defenses to the accusations, each for the assault and stealing the silver necklace and the pendant value seven kilos. The protection included Mr. Eden having been intoxicated that afternoon; therefore he didn’t know what he was doing. There was a slight bodily; contact that occurred, however Barbara misinterpreted it and exaggerated the contact into an assault to be out of proportion.
• Barbara didn’t inform anybody regarding the name, and the go to to Mr. Eden was suspicious sufficient to conclude that Barbara knew exactly what she was going to do in the home.
• Barbara misinterpreted the contact, which was innocently made, and made a fuss out of it.
• It was a suspicious co-incidental how Barbara was passing when Mr. Eden made the name.
• On account of Barbara’s comment regarding her mom’s hate in the direction of Mr. Eden, it may have been that all the pieces was not true and that the household exaggerated the case, which was primarily based on feelings.
• Barbara had a crush on Mr. Eden, therefore had a fantasy whereas sleeping about him touching her. Sexual imaginations drove this.
• Barbara despatched a valentine card in a field to Mr. Aiden, a written guess from whom Barbara agreed to, stating it was all a joke.
• The protection counsel made a number of observations from Barbara and the home mom that had been suspicious regarding the accusations, particularly regarding Barbara’s interview, which was full of uncertainties regarding Mr. Eden’s actions and phrases.

three. DESCRIBE THE EVIDENCE – IF ANY – PRESENTED BY THE DEFENCE. THIS SHOULD INCLUDE THE DEFENDANT’S TESTIMONY, AND ANY EVIDENCE THAT THE DEFENCE OBTAINED THROUGH THE CROSS-EXAMINATION OF PROSECUTION WITNESSES.
DEFENCE EVIDENCE FACTS IN ISSUE PROVEN

DEFENCE EVIDENCE FACTS IN ISSUE PROV

four. WHAT WERE THE FACTS IN ISSUE BETWEEN THE PROSECUTION AND THE DEFENCE?

The details in each prosecutions, and the protection, was that Mr. Eden could not hold his arms off ladies, and his weak spot is younger women. Additionally, Mr. Eden was a manipulator who believed he was doing proper and used his energy to assault ladies, together with her spouse, bribed to return again residence on Sunday. Additionally, Mr. Eden was responsible as a result of he answered questions in court docket angrily and defensively, thus creating many suspicions. Barbara was a minor, whereas Eden a mentor and an older individual. But, he had the thoughts and assets to govern the younger lady and others in response to Miss Lawton’s phrases.
Moreover, it was not the first time Eden was making an attempt to have an affair with Barbara. Earlier on, Barbara had despatched Mr. Eden’s valentine present. Mr. Lawton was a cheater and by no means reported to his spouse, which made him extra suspicious of assaulting Barbara and different girls that testified in court docket. Mr. Eden was making an attempt to be defensive in court docket and by no means spoke the fact, which made him deny all allegations from Barbara and different victims.
5. IDENTIFY THE TYPES OF EVIDENCE PRESENTED DURING THE TRIAL YOU OBSERVED. (FOR EXAMPLE EXPERT EVIDENCE, REAL EVIDENCE, AND DOCUMENTARY EVIDENCE ETC.)
Miss Lawton’s proof regarding Mr. Eden’s habits in the direction of one other feminine and his writing about her job for standing up for herself confirmed that he by no means revered ladies and felt intimated by these he could not manipulate. Additionally, Eden’s response in court docket was indeniable proof that he was mendacity, which made him bitter, and defensive about each Question Assignment requested. His appears to be like and how he checked out Barbara and different witnesses had been clear; he meant to cease them from telling the fact as a result of he cared a lot about his repute as an alternative of morality. One other proof is an announcement during which Mr. Eden admitted to having mentioned to inspector Charlie that “if it ever occurred to be introduced up in court docket, that is one factor I can think about myself being charged with since little women are um’ they’re my weak spot too”. The assertion was clear and evident that Mr. Eden had a weak spot in the direction of younger women regardless of his affair and exhibiting curiosity to older girls. One other proof is that Mr. Eden not having an curiosity in her spouse for a while was a cause for different curiosity in different ladies, Barbara being one of them.
One other proof is Margaret confirming that Miss Linnet was going to their home as mentioned earlier by Linda Mason, Margaret began that, “there was one other individual whom they had been unofficial aunt, and uncle too, that got here in the home however by no means lasted for lengthy, solely got here for a short time. Margaret additionally testified that Mason’s suggestion might be affluent; therefore she couldn’t be stunned by Mr. Eden’s allegations of assaults. The police officer’s proof was a shred of professional proof regarding Eden’s corrupt nature for desirous to bribe the police by stating that “let’s speak like males”. The assertion was proof that Eden was responsible and knew what he had executed was fallacious; therefore he needed to get away with it as traditional from different instances, comparable to that from Miss Lawton and Maison. The garments introduced in court docket had been proof of what Barbara was saying regarding the day, together with the chain and pendant that Mr. Eden was sporting when Charlie arrived. On the different hand, him sporting the chain and the pendant, it was evident that Barbara and Mr. Eden had been collectively on that Saturday afternoon if he denied the allegations.
6. BRIEFLY IDENTIFY WHAT EXCLUSIONARY RULES OF EVIDENCE WERE USED AND HOW THEY OPERATED DURING THE TRIAL.
Circumstantial proof is one of the exclusionary guidelines used throughout the trial, comparable to the witnesses testifying about their encounter with Mr. Eden and how they’ve been victims and witnesses of his unhealthy habits of assault, comparable to Miss Mason. As an illustration, the proof was primarily based on opinion proof, proof of a behavior, and repute in the neighborhood, which performed a big position in judging the defendant’s actions in the direction of the sufferer. Maison testified regarding a previous occasion, and Miss Lawton testified his repute and expertise from one other individual for touching her behind and firing them. In accordance with the legislation, proof of reputations is method higher and thought-about in comparison with proof of reputations, as an exclusionary legislation, to keep away from unfair remedy and distractions of the goal and professional proof. Making prices with out consulting an individual in the division is an exclusionary rule that may be carried out to take the case to court docket, particularly if the defendants produce other prior instances or a repute of assault, comparable to in Mr. Eden’s case. Law enforcement officials amassing proof in a pleasant and flirty method, comparable to smoking a cigarette, was a method of getting proof, particularly contemplating that Mr. Eden a Charlie had been associates.
WHAT WAS THE VERDICT?
Mr Eden was charged harmless for theft accusations, which concerned stealing Barbara’s Silver chain and pendant value seven kilos, and Responsible for indecency assault in the direction of Barbara, who’s a minor.
7. GIVING REASONS FOR YOUR ANSWER STATE WHETHER YOU AGREED WITH THE VERDICT.
I agree with the verdict supplied in court docket, primarily based on the items of proof and witness testimonials supplied in court docket. The decision was, nevertheless, made primarily based on the United Kingdom legal guidelines regarding theft and sexual assault. The theft Act of 1978 present current possession of an merchandise ought to be proved to have been stolen and the jury utility of widespread sense regarding the occasions surrounding the theft. Mr. Eden’s possession of the chain and the pendant was not a end result of stealing by sexual fantasies of Barbara and as a method of teasing Barbara into sexual exercise . In accordance with theft legal guidelines, theft is deliberately and completely holding somebody’s property with the intention of not returning, and the definition supplied in the 1978 act part one to 6. The theft case was not properly supported by proof from the prosecutors’ facet, however the protection gained by stating that the chai and pendant had been on the ground, therefore determined to put on them as an alternative of placing them n the pocket. Additionally, Mr. Eden had no different allegations regarding theft or possession of unlawful instances earlier than making the allegations weak and unsupported. Moreover, Barbara had no sufficient proof concerning Mr. Eden eradicating the pendant and faceting it on his neck as claimed in court docket.
Moreover, Mr. Eden appeared responsible of indecent assault, which was proved by sufficient proof and testimonials. The testimony of Barbara, Mason, Lawton and the residence mom was sufficient to cost Mr. Eden for assault. Additionally, Eden’s defensive and smug nature was a sign that he was responsible and regarded for a option to escape the prices by means of telling lies. On the different hand, Mr. Eden had a bent and habits of touching ladies, together with minors, the place he not directly acknowledged that he had a weak spot in younger women. Mr. Eden additionally denied all the allegations, which was suspicious, and maintained his wonderful identify and repute as an alternative of dealing with the fact. The displays offered in court docket, comparable to Barbara’s pendant, and chain, the garments, mendacity about calling Barbara, and calling the spouse to know when she would return was suspicious and proved the chronology of deliberate occasions.
I agree that Mr. Eden is a sexual offender primarily based on his actions in the direction of the arrest desirous to bribe Charlie, smoking collectively, and utilizing the friendship to get away together with his actions. Mr. Eden was responsible and didn’t have individuals and proof to help him as the “good” man he claimed to be as a result of he was responsible of his actions. Primarily based on the Sexual Offense Act of 2003, sexual offense prices embrace rape and different offense prices towards minors . Others embrace inciting a minor to have interaction in sexual actions, holding sexual communication with minors, which additionally includes abuse of a place of energy to have interaction in sexual exercise with a minor, comparable to in the case of Mr. Eden. In accordance with Part 25 of the Act, Mr. Eden abused the belief and place as unofficial uncle to have interaction in sexual actions with Barbara. She is a minor, which can be thought-about a familial little one intercourse offense. Mr. Eden additionally organized to have intercourse with a minor, which is clear when he known as the spouse Margaret to substantiate when he returned residence. In accordance with Sections 16-19, Mr. Eden was responsible of the exception of the partner committing sexual exercise with Barbara. That is evident when he lies to Barbara that Mrs. Eden is round, understanding very properly that she wouldn’t come again residence.

Bibliography
Cossins, A. N. N. E. Closing the Justice Hole for Grownup and Little one Sexual Assault. Palgrave Macmillan UK, 2020.
The Sexual Offense Act of 2003
The Theft Act of 1978
Jez T, ‘Crown Courtroom – A Man With Every thing (1978)’ accessed 20 April 2021

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