CONFERENCE PREPARATION NOTE – R v.

ANDERSON

1. INTRODUCTION

Good Afternoon Mr Anderson

My name is Abdul Haseeb Khan and I have been instructed by Butterworth Solicitors to
act as counsel for you. I would like to go through some important matters with you.

2. AGENDA

I will first outline how this meeting will proceed so that I do not miss out anything. First, I
will ask you some questions regarding the events and then I will move on to advice on
plea. I will further advise you on sentencing for cases involving dwelling house burglary.
Before I move forward, I would like to confirm whether you understand how this is going
to proceed?

3. QUESTIONS

 What is your position in the construction company?

 What were you doing in the York Lane that day? Going where?
 When did saw the Complainant for the first time? What was he doing?
 What did you do when you saw him taking the turn?
 How much space did you give to the Complainant to pass?
 What was your response to sarcastic clap of the Complainant?
 Why did you get out of the car? Who got out first?
 What did you say to each other? Who started the conversation?
 Why didn’t the Defendant walk away when the Complainant started shouting?
 The Claimant’s mother’s reaction? What was she doing?
 Did you say anything to her?
 Did the Defendant see the Complainant’s child in the car?
 Did the Defendant try to put him in a headlock/ why?
 While fighting, were there any people around? If yes, who?
 For how long do you know James Taylor? What was his role in all this?
 What was the motive behind punching the Complainant?
 Why did you decide to flee from the scene?
 Why didn’t he think that he might have hurt the Complainant when he fell on the
floor/why didn’t he help him
 The reason for not reporting the incident to the police immediately
 After incident: The defendant is on bail/ has he complied with the requirements
 Do you have any previous convictions?

4. PRELIMINARY ADVICE

Offence

Offence is Assault Occasioning Actual Bodily Harm, contrary to s.47 of the Offences Against
the Person Act 1861

Definition:
 Use of intentional or reckless unlawful force causing actual bodily harm
  Actual bodily harm can be anything which interferes with someone’s health or
comfort which also includes identifiable clinical psychiatric issue – needs not be
permanent

Defence: Self Defence (two conditions to satisfy)

i. D honestly believed that use of force was necessary to prevent the physical
attack
ii. Level of force used was objectively reasonable

Prosecution / Defence Case

Claimant/Tom Banks
 Was taking a 3 point turn on York Lane in the parking bay – mother and 3 years old
son in the car
 White Range Rover (VRN of ‘AND’) from Langdale direction came very close and did
not give enough space to swing the car
 I did a sarcastic slow clap when passing by. In response, D stuck his head outside
the mirror and was shouting something that I could not hear
 D stopped and got out of his car first and then I got out as well. D asked about the
sarcastic clap aggressively. I said, ‘you did not give me enough space’. D became
more aggressive and asked repeatedly, ‘what are you going to do about it?’
 My mother came out and I was ushering her back in the car when he pulled me
around and punched me in my left eye
 Fight started and both were grappling on the ground and D hit me again in the eye
which then started bleeding.
 After the fight, I was going towards my grandmother’s house and D hit me with the
wing mirror of his car. The incident lasted for 5 minutes.
 Then all I know that paramedics was attending me when I woke up.
 I did not see D and his car before, but I would recognise them now.
 Account shows that D is the aggressor.

Hayley Banks (Claimant’s Mother)

 She endorses the account of C
 Tried to get in the middle of the argument and asked both C and D to get in their cars
 Confirms that she saw D punched C while C was ushering me to the car
 Witnessed the fight where D had C in the headlock and tried to split them up but
could not done so.
 Saw D hit C with his car and then flew away.
 Endorses D as the aggressor

PC Stafford (Police Officer)

 PC Daniel called D and he agreed to meet at the police station
 D was cautioned and then arrested. D was fully compliant throughout (in favour of D)

PC Hannah Thornberry (Police officer)

 Officer attended white Range Rover (VRN LS12 ‘AND’) and took photographs
 Found windscreen wipers were raised off the front of the vehicle and damaged. Rear
nearside wheel arch was damaged too.

PC Sam Hunter (Police Officer)

 Commenced the interview with the Defendant.
  When he was cautioned and charged, he responded “I’m not guilty. He assaulted
me.”

Interview
 D was legally represented and answered every question of the officer for 13 minutes.

Summary

Case is one of moderate strength. Complainant’s evidence is supported by witness

evidence, presence of injury and the statement of the police officer. However, the Defendant
has given a full interview and he has no previous convictions which points towards his good
character backed up by PC Stafford’s statement that he was fully compliant.

5. ADVICE ON PLEA

Advice is to plead not guilty on the basis of self-defence.

Credit
 Full credit afforded at first hearing if GP entered (1/3)
 GP at next hearing – PTPH (1/4)
 This will continue to reduce by 10% until day of trial
 Judge’s look more favourably on those who plead G
 However, there is cap to the reduction of sentence, it must not be less than 80% of
the appropriate custodial period in any case.
Choice
 Plea is a matter for you, my role is to advise

6. SENTENCE

ABH

If you enter a GP or are convicted after trial, then the court will apply the SCG for ABH

 Culpability: B – Medium culpability (use of weapon, namely hand)

 Harm: Category 1 (high level of physical harm)
 SP: 1 year 6 months custody
 Category Range: 36 weeks – 2 years 6 months custody
 Aggravating factor: presence of a child
 Mitigating factor: No previous convictions
 The most likely sentence can be around 2 years in custody

7. INSTRUCTIONS ON PLEA

 Confirm plea – guilty or not guilty? If guilty, on full facts?

8. ALLOCATION

 ABH is an either-way offence, and you have a choice to elect for a trial either in
Magistrate Court or Crown Court. You should consider different factor to make
choice.
 The CC has higher acquittal rate and separate tribunals of fact and law are
advantageous where judge can hear arguments on the evidence in jury’s absence.
 Trail in Magistrate is less formal, quicker, less expensive and judge do provide
reasons for conviction unlike jury.
9. NEXT STEPS
 Will be taken into court and identified in the dock by name and address.
 You will be asked to indicate plea.
 If pleaded guilty, the proceedings will be considered as summary trial and court will
proceed for sentence with credits reserved
 If pleaded not guilty/silent, then the court will consider the mode of trial.

10. QUESTIONS FROM CLIENT

Mr. Anderson, do you any further question?

If you have any questions after today, you may feel free to contact your solicitors.

A Barrister
5th July 2022