Skeleton Argument 2 - Sample Plea in Mitigation - Example

Assault occasioning bodily harm.

 

Opening

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)

Incident

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 http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/assault_occasioning_actual_bodily_harm/  ]

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[                 ]

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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.

Sentencing

 

I submit to you:

 

[http://sentencingcouncil.judiciary.gov.uk/docs/Assault_definitive_guideline_-_Crown_Court.pdf]

·         

 

cclosing

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.