1) Self / Role / Objectives of Conference
2) Need to ask questions before can advise:
Clarification of Barker’s version of events
3) Advice on (with reasons why)
a) Charge-what does Prosecution have to prove?
b) How will you plea and venue-do you have a defence?
c) Evaluation of Strengths and Weaknesses of Barker’s position (in light of instructions and papers) chances of success
d) If found/plead guilty-likely sentence.
e) Advice on evidence and about your conditions of bail
Stop me legal term
4) CHECK:
Client understands purpose of conference
Client has seen/read papers
5) Personal Circumstances:
Name: Tony Barker
Status: Self Employed
Live: 49 Parklands Crescent, Polegate.
Monthly earnings: $1000 p/m
Family ties: Staying with girl friend.
6) Deal with Barker’s bail query
Breaching his bail conditions not a criminal offence
but a police officer may arrest you
the Magistrates may be withdrawn entirely, in which case he will await trial in prison, or they may impose new conditions
he should be advised to stop breaching these conditions
If he has a good reason to ask that his bail conditions be varied
an application could be made to the Magistrates.
The only difficulty might be, whether he has been adhering to his conditions so far.
Mr Barker does not want his breaches of bail before the court
so counsel will be unable to answer any question on this matter from the Magistrates. The duty of confidentiality to the client (para. 702 Code of Conduct) forbids disclosing information that the client wishes kept confidential and the duty not to mislead the court. (Para. 302 Code of Conduct) prohibits counsel from lying.
7) Relationship / Previous dealing with Mr Soora
If I move on
On 8th March 2004 you had a conversation with Mr. Soora
How long do you know Mr. Soora?
Do you have any special relationship with him or just an acquaintance?
How often do you see him in the pub?
Did you sell anything to him before?
How many items did you sell him so far?
Did you sell him a second hand TV last Christmas to Mr. Soora?.
Why did you sell him microwave this time, as he was not happy with the television last time.
8) The microwave (source)
What business do you do?
How long have you been in this business?
Do you hold any trade license for it?
What items do you generally trade?
Who are your suppliers?
Do you ask them where did they get the items from?
Do they provide you receipt?
9) Interview/ Police arrest (11-03-04)
Did you read the interview transcript/ sign notes of interview?
Were you offered a solicitor?
Why did you refuse to answer that Mr. Soora bought a microwave from you?
How many did you sell?
Did you sell all of them in the community?
Did anyone else objected about the microwave?
Why did you decline to name the source in the interview?
What’s his name?
Was he threatened you not to tell his name?
How many microwaves did you buy from the bloke?
Did you ask him where he got the microwaves?
Did you know that these were stolen microwaves?
Did you know that the microwaves were belonging to Safeway’s property?
Mr. Soora said the microwave’s box was already opened, had you noticed that?
When did you first know that the microwaves were stolen?
Was it the first time you have bought the microwaves from the bloke?
How many times did you deal with him?
Do you have any receipt for it?
Was there anyone present when you bought the microwaves?
Will he be agreed to be a witness?
10) Previous Convictions
Do you have any previous convictions?
How many previous convictions do you have?
Were you arrested with any similar offences before?
11) Before advice, ask anything ?
12) Charge:
Dishonestly handling a stolen microwave oven, contrary to S 22 (1) of the Theft Act 1968.
Prosecution will have to prove that the microwave was a stolen microwave at the time of the alleged handling, knowledge?
13) Procedural matters:
This offence can be tried either magistrates court or Crown Court?
Ask to indicate plea:
If guilty plea-mgt proceed sentencing stage or commit crown court.
May be an adjournment for a pre-sentence report.
If not guilty- Mgt considers a suitable case to deal with summarily
You will be asked if he consents to summary trial , elected Crown Court
If mgt not considers summarily tried, commit Crown court regardless your wishes.
14) Defence statement
Not guilty plea, the case is committed to the Crown Court a defence statement must be served.
The time limit for service is 14 days after Primary Disclosure by the Prosecution.
15) Not guilty difficulties:
Mr. Soora gave fairly uncontroversial evidence that you sold the microwave, saying a bankrupt stock-hard to prove that you didn’t know it stolen.
The loss of Prevention officer of Safeway Superstore Miss Dunlop
You were reluctant to answer the questions about the microwave and refused to disclose the name of the person he bought it from.
The jury /Mgt will be entitled to draw an adverse inferences from the failure to answer.
Unknown person is not available to give evidence
Will be real difficulty to persuade the jury / Mgt that he had no knowledge,
Strong case against in relation to dishonestly handling a stolen microwave.
16) If plea guilty
sentence discount-one third-no trial-matters will be deal very quickly
I can try to persuade the court to pass lesser sentence considering the mitigating factors.
Sentence: 6 months or a fine- 14 years on indictment.
Custodial sentence(likely), may be community sentence
Aggrevating-previous convictions-selling stolen goods
Mitigating- low value-single item-self employed-guilty plea- stable relatioship-settled accommodation.
If you are not guilty, then you should plea not guilty.