If it pleases the court my name is along with my learned friend we represent Ms ....
OPENING DEFENCE: xxxx
PROSECTION OPENING SUBMISSION:[tender the police statement, by consent, but with para. 7 struck out]
Opening submission * * The matter before your honor today is one of common assault, that the accused has assaulted by force and caused injury and discomfort to Ms R * * The assault took place at 45 Solomon St East Fremantle on 10 March 2013. * * You might hear from my learned friend [defence] for the defendant today that the accused acted without self-control, that she lost her cool. * * It will be our submission that in fact, the accused knew what she was doing in assaulting Ms. Rosa * *
* * The applicable law your honor is s222 of the Criminal Code of WA.
Elements of the offence * * A person who strikes, touches, or moves or otherwise applies force of any kind if applied in such a degree as to cause injury or personal discomfort ….. Your honor we have conceded to this with the defence. * * Threatened application of force I. II. Bodily act III. IV. Without consent Ms Rosa claims that she was pushed to the ground and later stepped on by the accused and who later pulled her hair and slapped her on two times. * * There is some evidence your honor that suggests that the accused had the intent to cause harm to Ms. Rosa. Therefore, I would submit that the elements of the offence have been met.
I WISH TO CALL MY WITNESS .... MRS ROSA. (Louis to do)
XXXXXXXXXXXXXX i need to take notes of the pionts which Louis is highlighting XXXXXXXXXXXXX
DEFENCE WILL CROSS EXAMINE
XXXXXXXXXXXXXXX i need to take notes...in particular the XE points which are not proven XXXXXXX
DEFENCE WILL THEN PROVIDE THEIR OPENING SUBMISSION
DEFENCE WILL CALL THERE FIRST WITNESS...EXAM IN CHIEF
[consider only asking questions where they can give a Yes or No answer … some of the factual questions will have been covered in exam-in-chief by defence counsel. below just some suggestions…] * * Where were you on Saturday 10 March 2013 [already covered in exam-in-chief] * * What time did you get to the party * * How did you get to the party * * Why [already covered in exam-in-chief]
* If drink is involved * * How many drinks did you have * * I put it to you that you were not in fact intoxicated. * * When you arrived at the party who see [already covered in exam-in-chief] * * I put it to you that you