How to approach a new case

Sources:
The Devil’s Advocate by QC Iain Morley
The Art of Advocacy by QC Richard du Cann
Remember…
The burden of proof:
The prosecution

The standard of proof:

Beyond reasonable doubt.
Are you sure?
 How to approach a new case
1. Read the indictment
Clearly identify the issues:

What must be proved? e.g. if the allegation is “assault occasioning

actual bodily harm”, the issues are:
To what standard? Was there ABH?
To whom?
Was it caused by the assault?
By whom?
Was the assault unlawful?
 How to approach a new case
2. Read the witness statements.

The witnesses are your source of proof

Ideally read everything three times.
How to approach a new case
3. Write a closing argument.

Be bold. Assume the witnesses will give you what you want.

Then go back and think – what is unrealistic here? Delete accordingly.

The closing argument
1. Persuade, don’t regurgitate
2. Tell a story
3. Keep it simple: three points
4. Flow
5. Practise, practise, practise