LAW1206-Prepare for a Criminal Trial Report Writing - Law Assignment Help

Assignment Task

Task 

Purpose
The purpose of this assignment is to assess your ability to analyze a scenario and based on that scenario, develop a theory of the case, and adequately prepare yourself for a trial. Your trial plan will allow you to efficiently determine what evidence will be necessary to assist in the defence of the accused.  It will also assist in preparing your cross examination of the witnesses for the prosecution.

Learning Outcomes
•CLR 1:  Research statutes relevant to the application of criminal law.
•CLR 2:  Explain the role of the participants in the criminal law system.
•CLR 3:  Apply procedures relevant to the pre-trial and trial process.
•CLR 4:  Describe the elements of sentencing and availability of appeal.

Instructions:
You represent the accused person.  Based on the attached information, please prepare your case for trial.

1.Prepare for the Crown’s case:
a.What are the elements of the offence? What does the Crown need to prove? (Be specific – it isn’t enough to tell me that the Crown needs to prove actus reus, mens rea and identity).

b.Who are likely to be Crown’s witnesses?

c.Provide your cross examination -  you can provide either a thorough outline (i.e. an overview of the general subjects that you will cover in your questioning) or the specific questions you will ask in cross-examination; as well as the anticipated responses.  Note: you will not have to ask questions about the witness’s name and background – those types of questions are largely asked during the examination in chief (direct examination).

Keep in mind that the purpose of cross-examination is to ‘impeach the witness’ or challenge their evidence and raise elements of reasonable doubt that will assist the defence in winning their case.  How will you challenge the Crown’s evidence?

2.Explain who your witnesses will be.  Indicate what facts you need from each witness (why you would call them), and provide an overview of what you would ask.  A list of questions is not strictly required.  You can provide an overview of the general subjects that you will cover in your questioning.

3.Draft your closing argument for the case.  Your closing argument is the culmination of the trial. Your closing argument will include:

• a review of the law and the facts;

i.be specific and build on undisputed facts
ii.to the extent possible use the other side’s evidence that is favourable to your case and concentrate on credibility.

• your closing must reflect the evidence accurately.  Even when you are preparing in advance of hearing the case, your closing should accurately reflect what you anticipate the witnesses to say under oath. Once you have heard the actual testimony, you would adjust your closing to maintain that accuracy;

• Avoid:
i.Misstating the evidence;
ii.Not advising the court of a binding authority;
iii.Referring to facts not in evidence;
iv.Stating your personal beliefs;
v.Making personal attacks;

• Your conclusion will include your “ask” – For example: “For these reasons (or based on the foregoing), Your Honour, we would ask for the charges against … to be dismissed.  Subject to any questions that you may have, that concludes my submission.”

4.Your final work must not exceed 5 pages (not including the cover page) and must be double spaced.  The margins must be 1-inch all around and the font must be no less than 11 points.

5.Submit to the Assignment 3 page in Brightspace before class on March 29, 2022.

The Scenario

Amy Adams was charged with entering a dwelling house without lawful excuse and with intent to commit an indictable offence on October 21, 2021.  The Crown elected to proceed by summary conviction in this case.
Ms. Adams is a constable with the Ottawa Police Service (OPS). The complainant, Barry Bonds, was, at the time, a civilian employee. They had been in an intimate relationship for about 18 months, one described by their friends (Cory Charles and Darren Delos) as “toxic”, “dysfunctional” and “volatile”. Their relationship was characterized by numerous break-ups, followed by reconciliation. Numerous texts and emails were exchanged between the accused and Mr. Bonds to demonstrate this dysfunction.  By October 21, 2021, Mr. Bonds had made it abundantly clear to Ms. Adams that their relationship was over and that he wanted nothing more to do with her.

Mr. Bonds lived in a basement apartment at 295 Rothwell Ave. in Ottawa, which he accessed through a back door which opened into a small vestibule that led to his apartment door. Access was also available from inside the house down a back stairwell from the main floor.
There was also a laundry room in the basement across the hallway from Mr. Bonds’ door. It was used by Mr. Bonds and another tenant, Edward Eilichman, who lived on the main floor.  It is alleged that Ms. Adams entered the residence at about 1:30 a.m. on October 21.  She claims that she went into the laundry room to retrieve business documents pertaining to her start-up “dating app” company.
Mr. Bonds was not home at the time of the alleged offence.

Background Of Amy Adams, Accused
Amy Adams was born on August 27, 1986.  She was raised by a single parent in Barrhaven, Ottawa, and currently resides at 1486 Lake Road, Nepean, Ontario.
She attended John McRae Secondary School and graduated from the Algonquin College Police Foundations course,  
She is currently employed full time as a police constable with the Ottawa Police Service and has been for 7 years. She has no prior criminal record.

Police statement of Mr. Barry Bonds:

• He and Amy Adams had been in an intimate relationship for about 18 months.
• They broke up around October 12, 2021
• On October 16, Ms Adams drove to his  residence and insisted on speaking with him. She repeatedly banged on his door and windows despite Mr. Bonds sending her multiple messages that she was scaring him. He refused to see her.
• He was disturbed by this unwanted contact to the degree that on October 17, he complained to Ms. Adams’ supervisor at the police station. 
• Thereafter he texted Ms. Adams that he was so upset by her conduct that he had attended her station and conveyed his deep concerns to P.C. Reid, her supervisor. He wrote to her that, “If I see you on my street, at my house or you continue to contact me, P.C. Reid has advised me to put in a report or call him”.
• On October 20, Ms. Adams returned her key and removed most of her belongings. She also emailed him that, “I will continue to respect your space by not calling you or showing up at your place. So don’t worry about that aspect of things”.
• He was not at home at the time of the incident, but Mr. Eilichman advised him that Ms. Adams had been to and inside the house.

Will-say Statement of PC Lung:
On October 21, Ms. Adams asked him as her friend and colleague, for a ride “to her partner’s house to pick something up”. He was on duty; but agreed to give her a ride.

Police witness statement of Edward Eilichman
Mr. Eilichman indicated that Ms. Adams asked him about rear door access but then shifted to a request to enter by way of the main floor, indicating then that she was looking for something. 
Ms. Adams asked that Mr. Eilichman not tell Mr. Bonds that she had been there.  

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