IN THE CROWN COURT AT NEWCASTLE UPON TYNE
BETWEEN: -
REX
-V-
JAKE SMALL
_____________________________________
CROSS EXAMINATION PLAN
_____________________________________
1) ROLE AND STAGE OF PROCEEDINGS
- Defence advocate cross examining the Complainant in the case. The
Prosecution have just finished examining in chief the Complainant. The
Complainant is waiting to be examined by the Defence advocate now.
2) ELEMENTS OF THE OFFENCE
Assault occasioning actual bodily harm, contrary to section 47 of the Offences
Against the Person Act 1861.
Whosoever shall be convicted upon an indictment of any assault occasioning
actual bodily harm shall be liable to be kept in penal servitude.
, ACTUS REA
- Intentional or reckless
MENS REA
- Intentionally or recklessly assaults another person, thereby causing Actual Bodily
Harm.
- It must be proved that the assault (which includes “battery”) “occasioned” or
caused the bodily harm.
3) BURDEN AND STANDARD OF PROOF
Prosecution must prove the case (i.e., all elements of the above offence) to the
standard of beyond reasonable doubt.
4) DEFENCE CASE THEORY
The Defendant and 5 of his friends were celebrating his stag do on the 1 st of
December 2020. They were bar hopping around Newcastle, starting at a pub
near the train station and the last pub being Pitcher and Piano. At around 9.30,
the Defendant visited a pub called Slug and Lettuce, where the Complainant and
his friends were also there. The was an incident where the Complainant spilt his
lager on the Defendant and was shouting and swearing at the Defendant. The
Complainant and his friends then left the pub and went to Pitcher and Piano. The
Defendant saw the Complainant at the toilets of that bar and the Complainant
BETWEEN: -
REX
-V-
JAKE SMALL
_____________________________________
CROSS EXAMINATION PLAN
_____________________________________
1) ROLE AND STAGE OF PROCEEDINGS
- Defence advocate cross examining the Complainant in the case. The
Prosecution have just finished examining in chief the Complainant. The
Complainant is waiting to be examined by the Defence advocate now.
2) ELEMENTS OF THE OFFENCE
Assault occasioning actual bodily harm, contrary to section 47 of the Offences
Against the Person Act 1861.
Whosoever shall be convicted upon an indictment of any assault occasioning
actual bodily harm shall be liable to be kept in penal servitude.
, ACTUS REA
- Intentional or reckless
MENS REA
- Intentionally or recklessly assaults another person, thereby causing Actual Bodily
Harm.
- It must be proved that the assault (which includes “battery”) “occasioned” or
caused the bodily harm.
3) BURDEN AND STANDARD OF PROOF
Prosecution must prove the case (i.e., all elements of the above offence) to the
standard of beyond reasonable doubt.
4) DEFENCE CASE THEORY
The Defendant and 5 of his friends were celebrating his stag do on the 1 st of
December 2020. They were bar hopping around Newcastle, starting at a pub
near the train station and the last pub being Pitcher and Piano. At around 9.30,
the Defendant visited a pub called Slug and Lettuce, where the Complainant and
his friends were also there. The was an incident where the Complainant spilt his
lager on the Defendant and was shouting and swearing at the Defendant. The
Complainant and his friends then left the pub and went to Pitcher and Piano. The
Defendant saw the Complainant at the toilets of that bar and the Complainant
