DR WS 14/15 Alice Hick
Criminal Case Analysis
Case analysis structure
To provide his client with a properly argued defence at trial, the defendant’s solicitor must carry out an
analysis of the case against his client.
Step What to do Example answer structure
1 What are the The first step in analysing a case is to determine Example 1:
what it is that the CPS will need to prove in Who? Henry Tudor
legal elements
order to secure a conviction. What? Stole an iPad from his
of the offence To do this the defendant’s solicitor must employer by failing to return it on
charged? find out what the actus reus and mens rea termination of employment
are for the offence with which his client is When? Between 4th April 2015 and 1st
What must charged. Feb 2016
the The defendant’s solicitor should prepare a Where? Basingstoke
brief narrative account of the prosecution How? by claiming he had already
prosecution case. returned it and signing a piece of
prove? paper confirming this
Who?
Where? Example 2:
When? Who? The accused is Mr Dawood
What? Malik
How? What? Mr Malik is accused of
burglary from a garage attached to
Offence AR MR Melrose House. It is alleged that he
Theft Appropriation of Dishonestly and with
s9(1)(b) property belonging to intention to
entered the property as a trespasser
Theft Act another permanently deprive and stole goods therein
1968
When? the offence is alleged to have
Robbery Committed theft and in Intention or taken place on 10th August 2016. The
order to steal either recklessness as to the offence would appear to have
used force/threat or put force occurred some-time between 6:30 am
the victim in fear of Dishonesty and
immediate force wither intention to
and 8 am
before or at the time of permanently deprive Where? Melrose House, Main Street,
threat (theft element) Norton, Greater Manchester (from
ABH Used unlawful force Intention or the Police Report & Charge Sheet)
s47 OAPA against the victim recklessness as to that
1861 Causing them an injury unlawful force
How? Together with another, Mr
that is more that Malik is alleged to have forced open
transient/trifling the garage door, entered onto the
property and removed two purple
Prosecution burden and green bikes, one silver
Has an initial evidential burden to show Cannondale Bike, a Makita Cordless
that the defendant has a case to answer, Drill, and two silver Yale keys
i.e. that there is sufficient credible
evidence for each element of the offence.
The burden of proof will be on the
prosecution throughout to prove that the
defendant committed the offence beyond
reasonable doubt (Woolmington v DPP)
To disprove the defence’s version of
events
List each piece of evidence given, including bad
2 Evidence the
character evidence, and state how it applies to
Example 1:
Interview recorded at police station
prosecution 01.02.14 @ 12.55: His confession (a
the elements of the offence set out in the
have to prove example above. statement wholly or partly adverse to his
each element Structure interests as per s82(1) PACE 1984) that
the iPad was in possession and has since
1
Criminal Case Analysis
Case analysis structure
To provide his client with a properly argued defence at trial, the defendant’s solicitor must carry out an
analysis of the case against his client.
Step What to do Example answer structure
1 What are the The first step in analysing a case is to determine Example 1:
what it is that the CPS will need to prove in Who? Henry Tudor
legal elements
order to secure a conviction. What? Stole an iPad from his
of the offence To do this the defendant’s solicitor must employer by failing to return it on
charged? find out what the actus reus and mens rea termination of employment
are for the offence with which his client is When? Between 4th April 2015 and 1st
What must charged. Feb 2016
the The defendant’s solicitor should prepare a Where? Basingstoke
brief narrative account of the prosecution How? by claiming he had already
prosecution case. returned it and signing a piece of
prove? paper confirming this
Who?
Where? Example 2:
When? Who? The accused is Mr Dawood
What? Malik
How? What? Mr Malik is accused of
burglary from a garage attached to
Offence AR MR Melrose House. It is alleged that he
Theft Appropriation of Dishonestly and with
s9(1)(b) property belonging to intention to
entered the property as a trespasser
Theft Act another permanently deprive and stole goods therein
1968
When? the offence is alleged to have
Robbery Committed theft and in Intention or taken place on 10th August 2016. The
order to steal either recklessness as to the offence would appear to have
used force/threat or put force occurred some-time between 6:30 am
the victim in fear of Dishonesty and
immediate force wither intention to
and 8 am
before or at the time of permanently deprive Where? Melrose House, Main Street,
threat (theft element) Norton, Greater Manchester (from
ABH Used unlawful force Intention or the Police Report & Charge Sheet)
s47 OAPA against the victim recklessness as to that
1861 Causing them an injury unlawful force
How? Together with another, Mr
that is more that Malik is alleged to have forced open
transient/trifling the garage door, entered onto the
property and removed two purple
Prosecution burden and green bikes, one silver
Has an initial evidential burden to show Cannondale Bike, a Makita Cordless
that the defendant has a case to answer, Drill, and two silver Yale keys
i.e. that there is sufficient credible
evidence for each element of the offence.
The burden of proof will be on the
prosecution throughout to prove that the
defendant committed the offence beyond
reasonable doubt (Woolmington v DPP)
To disprove the defence’s version of
events
List each piece of evidence given, including bad
2 Evidence the
character evidence, and state how it applies to
Example 1:
Interview recorded at police station
prosecution 01.02.14 @ 12.55: His confession (a
the elements of the offence set out in the
have to prove example above. statement wholly or partly adverse to his
each element Structure interests as per s82(1) PACE 1984) that
the iPad was in possession and has since
1
