Thursday, March 14, 2013

Skeleton Argument 2 - Sample Plea in Mitigation - Example

Assault occasioning bodily harm.

Good Morning Sir, I appear before you on behalf of my client ___________who has been charged with assault occasioning bodily harm contrary to S.47 of the Offences Against the Person Act, 1861, to make a plea in mitigation.
I put to you that there are some mitigating factors that ought to be considered prior to sentencing.
May I proceed Sir (ask permission)

I put to you that my client was [ provoked - etc   ]. The assault did not result in serious bodily harm.  

Aggravating Factors and Greater Degree of Harm
Madam my I submit to you that:
·         The offence was not premeditated (he was provoked and not motivated by any prior grudge of any nature)
·         My client was under the influence of alcohol; however
·         But there was no deliberate bodily harm and the intent to cause bodily harm was not there.

I submit to you that my client does not possess any factors for the greater degree of harm. The factors are:
·         [   see  ]

Mitigating factors:
Madam the mitigating factors are that:
·         My client is of young age and that has affected his responsibility. (he is 24 years old and has had a difficult);
·         Genuinely remorseful of his actions (is concerned about the future of her family); and
·         the client pleaded guilty

Personal Mitigating:
S[                 ]

Previous convictions:
My Client has three previous conviction for obsence langauge, resisitng arrest where fines were paid and for battery where 21 days of imprisonment were served.


I submit to you:
I wish to persuade you Sir that you will not see my client before this court again.
I am happy to address any question that you may have and so is my client.

Possible Questions asked by the DJ
·         What was the bodily harm caused?
·         More information on previous convictions.


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