Code: 000969 ADVANCE READING

Criminal Law and Practice

DATE: 26 February 2014

TIME: A.M.

YOU MUST BRING THIS

ADVANCE READING INTO THE
EXAMINATION AND YOU MAY
TAKE IT WITH YOU AT THE END
OF THE EXAMINATION
[INTENTIONALLY BLANK]
Criminal Law and Practice

DATE OF EXAMINATION: 26 February 2014

Advance Reading

PLEASE NOTE that the University’s objective in distributing these facts in

advance of the examination is to enable candidates to familiarise themselves
with key information without constraint of time, rather than within the time
limit of the examination. The intention is not to enable you to predict the
questions that will be asked nor that you should be guided as to topics for
your revision. Please note that marks will also be allocated to questions which
are not related to these facts.

YOU MUST NOT SHOW THESE PAGES TO, NOR DISCUSS THEM WITH, ANY
OTHER PERSON. IN PARTICULAR, PLEASE NOTE THAT TUTORS CANNOT
COMMENT ON ANY ASPECT OF THIS MATERIAL. IF YOU ARE IN ANY DOUBT
AS TO INTERPRETATION, EXPLAIN WHAT YOU UNDERSTAND AS PART OF
YOUR ANSWER TO ANY QUESTION THAT YOU MIGHT BE ASKED IN THE
EXAMINATION PAPER.

THESE PAGES WILL NOT BE REPRODUCED IN THE EXAMINATION PAPER –

YOU MUST THEREFORE BRING THEM WITH YOU TO THE EXAMINATION.
YOU ARE PERMITTED TO ANNOTATE THEM IN ADVANCE IF YOU SO WISH
AND MAY TAKE THEM AWAY AT THE END OF THE EXAMINATION.

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FACTS FOR ADVANCE STUDY

You are a trainee solicitor at Victor & Abbotts, a large practice specialising in criminal
law. You are called out to attend Lewisham police station on the evening of 5
December 2013, in order to represent Max Rouse, who has been charged with assault
contrary to s.47 of the Offences Against the Person Act 1861.

The Advance Reading contains the following documents:

• Document A Details of the offence*

• Document B Statement of Stan Carter

• Document C Statement of Chelsea Knight

• Document D Record of convictions of Max Rouse

• Document E Statement of Max Rouse

*Extracts from the Offences Against the Person Act 1861 and additional guidance are
provided as this is not an offence that has been covered in any of the case studies on the
course, but please note that candidates will not be assessed on the black letter law of assault
occasioning actual bodily harm.

Crown Copyright material is reproduced with the permission of the Controller of HMSO and
the Queen’s Printer for Scotland

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 DOCUMENT A

Definition of the Offence:

Offences Against the Person Act 1861, s.47

Whosoever shall be convicted upon an indictment of any assault occasioning actual

bodily harm shall be liable … to [imprisonment for five years]

Further Guidance on the Offence:

Assault occasioning actual bodily harm, contrary to s.47 of the Offences Against the
Person Act 1861, is a triable either way offence. In order to prove the offence, the
prosecution must show that the defendant intentionally or recklessly assaulted another
person and that, as a result of that assault, the victim was caused actual bodily harm.

An assault is committed when a person intentionally or recklessly uses unlawful force

or causes another to apprehend immediate and unlawful violence. For example, an
assault would be committed where someone punched, hit, slapped, or kicked another
person. ‘Actual bodily harm’ has been defined as ‘any injury which is calculated to
interfere with the health or comfort of the victim’.

The maximum penalty for the offence is five years’ imprisonment on indictment; 26
weeks’ custody, or a fine not exceeding level 5, or both, summarily. On the facts of
Max Rouse’s case, the sentencing guidelines for a Category 2 case suggest a
starting point sentence of 26 weeks’ custody with a range from a low level community
order to 51 weeks’ custody in the Crown Court. A custodial sentence is likely here.

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 DOCUMENT B

METROPOLITAN POLICE
C.J. Act 1967, s.9 M.C. Act 1980, ss.5A(3)(a) and 5B; and Criminal Procedure Rules, Rule 27.1

Station or Section: Lewisham

Statement of (name of witness): STAN CARTER Date: 5 December 2013
(in full - Block letters)
Date and place of birth: over 21 England
Occupation: Bar Manager

This statement (consisting of two pages signed by me) is true to the best of my knowledge and
belief and I make it knowing that if it is tendered in evidence I shall be liable to prosecution if I
have wilfully stated in it anything which I know to be false or do not believe to be true.

Dated: 5 December 2013 Signed: S. Carter

I am 31 years old and have no previous convictions. I work in security/bar
management for The Tiger’s Head Chain in South East London and have done so
for the past nine months.

I have extensive experience of working in bars. Before working for The Tiger’s
Head, I was employed by the Davy’s Wine Bar Chain in security and bar
management. I was with Davy’s for three years and during that time was promoted
from being a member of the bar staff to managing the branch of Davy’s where I
worked. I voluntarily undertook a number of training courses whilst at Davy’s. One
of the courses dealt with customer care and focused in particular on how to deal with
difficult and drunk customers. We were taught never to make physical contact with
troublemaking customers unless absolutely necessary, and looked at various ways
of diffusing and calming down difficult situations.

On 4 December, I was working in the Old Tiger’s Head, one of our pubs which is
based in Lewisham. At about half past ten, I went to serve a customer, and realised
that he was so drunk that he was holding onto the bar to support himself and slurring
his words. I smiled at him and told him that I was sorry, but that I thought he’d had
enough. He started shouting at me that he wasn’t drunk but I turned away from him
to serve someone else. I remember that he was white, and tall, wearing a bright red
baseball cap.

Shortly before closing time, which is 11 p.m., I began to get the customers out of the
bar. As we close each section of the bar, we cordon it off to stop people drifting
back. In this way, we herd people towards the main entrance. I was just cordoning
off one such area when I saw the drunk customer approaching me. I recognised him
due to his baseball cap and his height, as well as the drunken way in which he was
behaving. I told him that the bar was closed and asked him to make his way to the
exit. He began to shout something at me which I couldn’t understand because he
was so drunk. I turned away in order to look for help and as I did so, he grabbed my
right arm in a tight grip.

Signature S. Carter Signature witnessed by P.C. S. Sandles

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[Continued]

I turned back and was shocked to be head-butted and then punched several times in
the face. I fell back, clutching my nose which had started to bleed and which was
causing me a great amount of pain. He continued to shout drunkenly at me, saying,
amongst other things, that “If I knew what was good for me, I wouldn’t go to the
police or I’d get more of the same” before running out of the pub.

I was taken to Lewisham Hospital, and one of my colleagues contacted the police. I
do not think that I would now be able to recognise the person who assaulted me
again, as I did not see him for long enough, and the incident was over very quickly.

I am willing to attend court to give evidence, but, given the threats that were made
against me, I am frightened that this man might come back to the pub to find me.

Signature S. Carter Signature witnessed by P.C. S. Sandles

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 DOCUMENT C

METROPOLITAN POLICE
C.J. Act 1967, s.9 M.C. Act 1980, ss.5A(3)(a) and 5B; and Criminal Procedure Rules, Rule 27.1
Station or Section: Lewisham
Statement of (name of witness): Chelsea Knight Date: 5 December 2013
(in full - Block letters)
Date and place of birth: over 21 England
Occupation: Primary School Teacher

This statement (consisting of one page signed by me) is true to the best of my knowledge and
belief and I make it knowing that if it is tendered in evidence I shall be liable to prosecution if I
have wilfully stated in it anything which I know to be false or do not believe to be true.

Dated: 5 December 2013 Signed: Chelsea Knight

On the evening of the 4 December, I was with a group of friends in a gastro pub
called the Old Tiger’s Head, which is in Lewisham.

I was not drinking that evening as I was planning to drive home. At about 9.30pm, I
noticed a man called Max Rouse enter the pub. I know Mr Rouse well as he used to
be the caretaker at the school in which I teach, St Thomas’s Primary School, in
Lewisham. I saw Mr Rouse on an almost daily basis from September 2009, when I
started teaching at St Thomas’s, until 2012, when Mr Rouse left the school. I was
able to get a clear, well lit, and unobstructed view of him from where I was sitting in
the pub. He was wearing a red baseball cap, but I was able to see his face clearly.

I could see that Mr Rouse was very drunk. He was staggering around and singing to
himself drunkenly, slurring his words. I looked away, as I did not want to make eye
contact with him, and have to engage in a conversation.

At closing time, I was in the process of putting my jacket on when I heard a

commotion in part of the pub. I looked over from where I was standing, and was
clearly able to see Mr Rouse shouting at a member of staff. The member of staff
appeared to be remonstrating with him, and appeared to be explaining that the bar
was closing. I was shocked when I saw Mr Rouse head-butt and then punch the
member of staff twice on the face. I then heard Mr Rouse say something along the
lines of, “You’d better not tell the police about this, or you’ll be in trouble. I know
where you work”.

Mr Rouse then ran past me out of the pub. As far as I am aware, he did not notice
me there.

I am willing to attend court to give evidence, but I am obviously concerned for my

safety as Mr Rouse knows where I work.

Signature Chelsea Knight Signature witnessed by P.C. S. Sandles

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 DOCUMENT D

06/12/13 20:52
NAME: ROUSE, MAX KARL PNCID: : 07/16644W
-----------------------------------------------------------------------------------------------------------------
CONVICTION(S)
-----------------------------------------------------------------------------------------------------------------

1. 04/05/2010 WOOLWICH MAGISTRATES

1. DRUNK AND DISORDERLY

ON 25/04/2010 CON DISCAHRGE 12 months
CRIMINAL JUSTICE ACT 1967 s.91(1) (PLEA: GUILTY)
-----------------------------------------------------------------------------------------------------------------

3. 16/06/2011 TOWER BRIDGE MAGISTRATES

1. ACTUAL BODILY HARM COMMUNITY ORDER

ON 25/5/2011 UNPAID WORK REQ
120 HOURS
OFFENCES AGAINST THE PERSON ACT 1861 s.47 (PLEA: GUILTY)
-----------------------------------------------------------------------------------------------------------------

4. 22/02/2012 WOOLWICH CROWN COURT

1. GRIEVOUS BODILY HARM WITH INTENT 18 MONTHS’ IMP

ON 02/08/2011
OFFENCES AGAINST THE PERSON ACT 1861 s.18 (PLEA: GUILTY)

-----------------------------------------------------------------------------------------------------------------

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 DOCUMENT E

Max Rouse, of Flat 24a Farm Lane, Lewisham, will say as follows:

I have been arrested for assault occasioning actual bodily harm. I am not guilty.

Personal Circumstances

I am 28 years old. My parents are British, but I grew up in Australia. I came to the
U.K. to live in 2009. My family all live in Australia. I live in a one bedroom rented flat in
Lewisham, and have done so since January 2012. I have a few mates, but not many
as I am a bit of a loner. When I first came here, I worked as a caretaker in a local
school, St. Thomas’s. I worked there for several years until I received a custodial
sentence in February 2012. Whilst in prison, I studied, and gained qualifications in I.T.
Upon my release from prison in November 2012, I managed to get a sponsored job in
the I.T. department of a local company. This was thanks to a local initiative aimed at
helping to get prisoners back into the workplace.

A few months ago, I was promoted to the position of Data Centre Manager for the
Accounts Department. It is hard work, but I am really enjoying it. My current salary is
£26,000, p.a. I am ambitious, and am looking forward to progressing my career within
the firm further over the next few years. I have no savings, but my family back in
Australia have money, and are always willing to help me out financially if I need
anything.

The time I spent in prison was a real wake up call for me. I realised that I had to stop
drinking because all my offences were linked to my drinking. I gained advice and
support from prison counsellors aimed at helping me not to drink. I have been largely
alcohol-free since my release.

The Offence

I am shocked to be arrested for this offence. I completely deny any involvement in it.

I do know Chelsea Knight as we worked together at St. Thomas’s Primary School. We

were quite friendly for a while, until she made it clear that she would like to take the
friendship further. I did not find her attractive in the slightest, and, unfortunately, I was
a little tactless when I told her that I didn’t want to have a relationship with her. She
was very hurt and angry, and I can only assume that she is deliberately lying in order
to get some kind of revenge when she says that she saw me in the pub on the night of
4 December 2013. She knows about my previous convictions, and I suppose she
couldn’t resist pinning this on me.

On 4 December 2013, in the evening, I was at a different pub called the Railway
Tavern. It is about five minutes’ walk from the Old Tiger’s Head and I arrived there at
about 8pm. I met a girl there, Sophie Chambers, who I have been seeing for a few
months, and the evening went badly. We had a loud argument and she stormed out of
the pub. This would have been just after 11.00 p.m. I was very angry and upset after
she had gone, and I must admit that I had a few alcoholic drinks, which is something I
don’t normally do any more. I stayed in the pub until it closed at 12 p.m. just drinking
at the bar, and then I went straight home.
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I’d rather not tell the police about being in the pub because I don’t want them to know
that I was in the vicinity of the Old Tiger’s Head that night. I’m sure that Sophie would
confirm that we were in the pub together at the time that the assault in the Old Tiger’s
Head was taking place, but I really don’t want to ask her to do so unless it’s absolutely
essential because I don’t want her to know that I’ve been arrested again. I’m pretty
sure that the bar staff at the Railway Tavern would remember seeing me there until the
end, because the pub was quiet, and I sat talking to two of them at the bar on and off
for about an hour, until closing time.

I accept that I own a red baseball cap, and that it was found in my flat by the police. I
would say that many people own red baseball caps though, and that there is nothing
distinctive about the one I own. I was not wearing it on 4 December.

I did not commit this offence, and am very anxious to clear my name.

Signed: Max Rouse

Dated: 5 December 2013

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