Criminal Law - A strong prosecution case is not always what it seems

Legislation

All states have a multitude of charges and penalties available in regard to crimes of violence. The parliaments of the States regard these matters very seriously and the penalties prescribed are dependent generally on the severity of the attack on, the age of and the occupation of the victim. Generally in preferring charges in the more serious of these offences, the prosecution is vigilant to build as strong a case as possible...the classic “watertight case”.

Case History

Doctor Bob was presented with such an apparently insurmountable case. This sixty five year old general practitioner of some forty years experience was languishing in the Court cells as his solicitor poured over photographs of the doctor’s estranged wife. He was charged with assaulting her causing her actual bodily harm. The solicitor in reviewing the photos pondered why the charge had not been the more serious one of occasioning grievous bodily harm. The poor woman was covered from head to foot in multiple bruises of a dark blue/purplish nature.

The solicitor was shocked and appalled, without first questioning his client he advised his client to plead guilty and show contrition. Bob was adamant that he was innocent and that he was going to defeat the prosecution. Somehow bail was obtained but cancelled soon after when Bob was charged with another identical offence coupled with a letter imploring his wife to escape with him to Tasmania in order to avoid trial. The doctor throughout his ordeal was of the firm belief that the lady loved him and was simply confused.

The doctor admitting his guilt in sending the letter, alleged that the woman’s injuries were self inflicted by pinching herself and the wounds accentuated by her consumption of Warforin (an anti-coagulant medication). The doctor had a reputation for being overly generous with his prescriptions. Realising that argument with his client would be fruitless the solicitor made a conscious effort to believe his client , throwing himself into the case in full vigour. Eye witnesses were rounded up who could give exculpatory evidence but more significantly the solicitor engaged the services of the state’s most senior forensic pathologist to give opinion as to the cause of the injuries. At first objecting that he was most experienced at reviewing dead people rather than the living, the Professor begrudgingly agreed to give an opinion on the photos. His opinion was electrifying. He opined the injuries suffered by the woman were indeed self-inflicted without a shadow of doubt. The motivation of the wife will never be known but she had a former husband whom she had had gaoled for assault. It is likely she obtained some gratification from causing suffering to her husbands and indeed control over them.

What should a lawyer do when facing the “watertight case.”?

A lawyer’s duty is to exert his best efforts to achieve the best possible result for his client. If a client is adamant that he or she is “not guilty”and if the lawyer’s belief in the client is clouded by doubt, his performance will be adversely affected. As a result he will not be so acting in the best interests of his client. Under those circumstances it would be morally and professionally proper for the lawyer to withdraw from the matter, leaving representation to another who might maintain some belief in his client.

If the lawyer has come to the view that the client has indeed a good and valid defence, then the lawyer is ethically bound to “give his or her best”. All relevant witnesses should be interviewed, all relevant evidence should be examined closely, expert evidence should be sought, the lawyer will probably need to think outside the square as a false case against the client may have been carefully prepared.

How can we help you ?

This firm can represent you in police interviews, interviewing of witnesses, issuing subpoenas, engaging investigators, appearing for you or engaging competent barristers in court proceedings. Where necessary we will obtain the opinion of and engage competent senior counsel (Queen’s Counsel). In the event of a conviction our lawyers can place your position in the best possible light in order to reduce possible penalties. We will also advise on your rights under appeal processes and arrange appellate representation.