DR WS 14/15
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 What it is that the CPS will need to prove in Example 1:
order to secure a conviction? Who? Henry Tudor
legal elements Actus Reus What? Stole an iPad from his
of the offence Mens Rea employer by failing to return it on
charged? The defendant’s solicitor should prepare a termination of employment
brief narrative account of the prosecution When? Between 4th April 2015 and 1st
What must case. Feb 2016
Who? Where? Basingstoke
the Where? How? by claiming he had already
prosecution When? returned it and signing a piece of
prove? What? paper confirming this
How?
Example 2:
Offence AR MR Who? The accused is Mr Dawood
Theft Appropriation of Dishonestly and with Malik
s9(1)(b) property belonging to intention to
Theft Act another permanently deprive.
What? Mr Malik is accused of
1968 burglary from a garage attached to
Robbery Committed theft and in Intention or Melrose House. It is alleged that he
order to steal either recklessness as to the entered the property as a trespasser
used force/threat or put force
and stole goods therein
the victim in fear of Dishonesty and
immediate force intention to When? the offence is alleged to have
whether before or at permanently deprive taken place on 10th August 2016. The
the time of threat. (theft element) offence would appear to have
ABH Used unlawful force Intention or
s47 OAPA
occurred some-time between 6:30 am
against the victim recklessness as to that
1861 Causing them an injury unlawful force. and 8 am
that is more that Where? Melrose House, Main Street,
transient/trifling Norton, Greater Manchester (from
the Police Report & Charge Sheet)
Prosecution burden How? Together with another, Mr
Has an initial evidential burden to show Malik is alleged to have forced open
that the defendant has a case to answer, the garage door, entered onto the
i.e. that there is sufficient credible property and removed two purple
evidence for each element of the offence. and green bikes, one silver
The burden of proof will be on the Cannondale Bike, a Makita Cordless
prosecution throughout to prove that the Drill, and two silver Yale keys
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 Example 1:
2 Evidence the
character evidence, and state how it applies to Interview recorded at police station
prosecution the elements of the offence set out in the 01.02.14 @ 12.55: His confession (a
has to prove example above. statement wholly or partly adverse to his
each element interests as per s82(1) PACE 1984) that
Structure
the iPad was in possession and has since
of the offence Heading e.g. “Name of Witness”
been given by him to a charity shop is
Explanation of their evidence. admissible to help prove guilt (s76(1))
Witness statement of Jane Seymour and
Checklist receipts: She can state that H said to her
This evidence may include: that he had returned the iPad already
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 What it is that the CPS will need to prove in Example 1:
order to secure a conviction? Who? Henry Tudor
legal elements Actus Reus What? Stole an iPad from his
of the offence Mens Rea employer by failing to return it on
charged? The defendant’s solicitor should prepare a termination of employment
brief narrative account of the prosecution When? Between 4th April 2015 and 1st
What must case. Feb 2016
Who? Where? Basingstoke
the Where? How? by claiming he had already
prosecution When? returned it and signing a piece of
prove? What? paper confirming this
How?
Example 2:
Offence AR MR Who? The accused is Mr Dawood
Theft Appropriation of Dishonestly and with Malik
s9(1)(b) property belonging to intention to
Theft Act another permanently deprive.
What? Mr Malik is accused of
1968 burglary from a garage attached to
Robbery Committed theft and in Intention or Melrose House. It is alleged that he
order to steal either recklessness as to the entered the property as a trespasser
used force/threat or put force
and stole goods therein
the victim in fear of Dishonesty and
immediate force intention to When? the offence is alleged to have
whether before or at permanently deprive taken place on 10th August 2016. The
the time of threat. (theft element) offence would appear to have
ABH Used unlawful force Intention or
s47 OAPA
occurred some-time between 6:30 am
against the victim recklessness as to that
1861 Causing them an injury unlawful force. and 8 am
that is more that Where? Melrose House, Main Street,
transient/trifling Norton, Greater Manchester (from
the Police Report & Charge Sheet)
Prosecution burden How? Together with another, Mr
Has an initial evidential burden to show Malik is alleged to have forced open
that the defendant has a case to answer, the garage door, entered onto the
i.e. that there is sufficient credible property and removed two purple
evidence for each element of the offence. and green bikes, one silver
The burden of proof will be on the Cannondale Bike, a Makita Cordless
prosecution throughout to prove that the Drill, and two silver Yale keys
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 Example 1:
2 Evidence the
character evidence, and state how it applies to Interview recorded at police station
prosecution the elements of the offence set out in the 01.02.14 @ 12.55: His confession (a
has to prove example above. statement wholly or partly adverse to his
each element interests as per s82(1) PACE 1984) that
Structure
the iPad was in possession and has since
of the offence Heading e.g. “Name of Witness”
been given by him to a charity shop is
Explanation of their evidence. admissible to help prove guilt (s76(1))
Witness statement of Jane Seymour and
Checklist receipts: She can state that H said to her
This evidence may include: that he had returned the iPad already
1
