Pleas of Guilty

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Pleas of Guilty Some Advocacy Tips

• The Fundamental Question
• Preparation
• Structure (and more structure)
• Primacy
• If you are asked a question answer it
• Relationship with the listener
• Language
• Body language
• Use of prompts (notes)
• Story telling
• Practical examples
• Plea of guilty
• Oral evidence on a plea of guilty
• First and Last sentence
• Preparation preparation for performance

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1. The Fundamental Question

• What do I want?
• You cannot present an effective plea without
  knowing what it is you are actually asking for.
• If you dont know dont stand up.

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2. Preparation and Preparation for Performance

• Preparation
• Knowing everything law, procedure and tribunal

• Preparation for performance
• What you finally say in your plea should be seen
  to be the product of your preparation and not the
  preparation itself (dot points).

• When you stand up not having to refer to anything
  to present your plea.

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3. Structure

• You know what you want. A structure means
  knowing where you are going and how you are going
  to get there.

• A very simple structure for a plea and one that I
  use all the time is as follows

• Penalty what do I want?

• Objective circumstances.

• Technical matters.

• Subjective/personal matters.

• Conclusion one sentence to wrap it up.

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4. Primacy

• Urgency/ priority
• Directing attention
• Identification of the specific result contended
  (when receiver is most receptive?)

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5. If you are asked a questionanswer it

• If at any stage of your plea youre asked a
  question answer it immediately.

• If you dont answer it you may as well sit down
  because the Magistrate or Judge will not listen
  to you.

• If you cant for a (very) good reason answer the
  question immediately (e.g. because you want to
  take the bench to something else) then politely
  tell the Magistrate or Judge that. This would be
  exceptional.

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6. Relationship with the listener
Language

• Cut out the use of lawyer talk
• Short and simple words (e.g. vehicle/car,
  prior/before)
• Use emphasis where appropriate (e.g. the use of a
  pause)

• Engaging with the Bench
• Look (head up)
• Listen
• Natural body movement

Body Language
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Relationship with the listener
Use of prompts (notes)

• Use of notes dont read as they should prompt
  memory
• Use of notes and relationship to eye contact
• Organisation at the Bar table
• One page hopefully

• Setting a scene/ describing the action
• Use of diagrams/images/exhibits (where
  appropriate)

Story telling
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Pleas of Guilty

• 7. Practical examples - structure
• Plea of guilty
• b. Evidence in Chief sentence matter

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Practical Examples - Structure
Assume some facts

• Found guilty at trial of reckless wounding
• Party at a house where drinking occurring
  victim (V) drunk and accused(D) drinking but not
  drunk
• Argument occurs provoked by V (words and conduct)
• V punched D once and then grabs D (bear hug) and
  there is a struggle
• D stabs V more than 10 times (D pulled a knife
  from his jacket pocket).D genuinely feared for
  his own safety
• D also suffered injuries
• D has mental health issues including depression
  and paranoia

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Practical Examples - Structure
Plea of guilty

• Objective circumstances

• Technical matters

• Personal matters

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Practical Examples - Structure
Plea of guilty

• O/W opening words

• Excessive self-defence
• Injuries to victim
• Provocation
• Mental health contributing to offence
• Spontaneous little planning

• Objective circumstances

• Section 21A matters
• Time in custody
• Mental Health general deterrence
• Extra-curial punishment

• Technical matters

• 21
• Lives at home with parents support
• Not associating with same people
• Mental health custody
• Future

• Personal matters

• i.e. no full-time imprisonment

• Final submission

Question still remains how am I going to
present this?
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Practical Examples - Structure
Evidence in Chief sentence matters

• Details

• Reports

• Background

• Chronology leading up to offence

• Sorry

• Chronology post-offence

• Future

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Practical Examples - Structure
Evidence in Chief sentence matters

• Name, age, gaol/address

• Details

• PSR
• Psychological/psychiatric report
• Letter

• Reports

• Might not need to add anything to the reports
• Something important to highlight mental health?

• Background

• Chronology leading up to offence

• Period leading up to offence
• Minutes, days and months leading up to offence
• Offence

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Practical Examples - Structure
Evidence in Chief sentence matterscont.

• Victim
• Victim, family and community
• Yourself?

• Sorry

• Arrest and charging
• Custody (e.g. protection, visits and incidents)

• Chronology post-offence

• Plans in and out of custody

• Future

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8. First and Last Sentence

• How many of us can actually say that in the last
  plea that we did we knew the first sentence that
  we would use, and the last sentence that we would
  use.

• Do we start a plea by saying I am instructed
  that, there is a plea of guilty and I think its
  matter numberor do we try and be more creative
  and in a few words grab the attention of the
  bench?

• The same can be said for your final words in a
  plea.

• Write down the actual words

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Pleas of Guilty Some Advocacy Tips

• The Fundamental Question
• Preparation
• Structure (and more structure)
• Primacy
• If you are asked a question answer it
• Relationship with the listener  
• Language
• Body language
• Use of prompts (notes)
• Story telling
• Practical examples
• Plea of guilty
• Oral evidence on a plea of guilty
• First and Last sentence
• Preparation preparation for performance

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Advocacy Some Tips

• 9. Preparation preparation for performance