LS Advocacy - Criminal - R V Hughes - ALL STATES - 2020 - 03 - 02

Lawyer’s Skills
Representing a Client in Court
Criminal trial – R v Hughes (in WA, State of Western Australia v

Hughes) Activity
Contents
Refer to Levels 1-3 of the Proofmaking Model below for your state only
New South Wales...................................................................................................................... 2

Victoria ...................................................................................................................................... 3
Queensland............................................................................................................................... 4
Western Australia ...................................................................................................................... 5
South Australia .......................................................................................................................... 6
Northern Territory ...................................................................................................................... 7
Proofmaking model: Prosecution case ......................................................................................... 8
Chronology.............................................................................................................................. 11
Witness statement – James Blake........................................................................................... 12
Witness statement – Chris/Christine Keller.............................................................................. 15
Statement of Constable Wallace ............................................................................................. 16
Statement of Constable Wilman .............................................................................................. 16
Statement of Detective Price ................................................................................................... 17
Defendant’s facts ....................................................................................................................... 23
Witness statement – Jack Hughes .......................................................................................... 23
Witness statement – Diane Hughes ........................................................................................ 26
Optional exercise – Examination-in-chief ................................................................................... 27
Optional exercise: Cross-Examination Questions .................................................................... 29
LS Advocacy_Criminal - R v Hughes_ALL STATES_2020_03_02 Page 1 of 30

© The College of Law Limited
Proofmaking model – Prosecution case
New South Wales

Level 1: Source of Right
Section 97 Crimes Act 1900 (NSW)
Whosoever, being armed with an offensive weapon, or instrument, or being in company with
another person, robs, or assaults with intent to rob, any person, or stops any mail, or vehicle,
railway train, or person conveying mail, with intent to rob, or search the same, shall be liable to
penal servitude for twenty years.
Level 2: Charge
“That JACK HUGHES on the second day of March (last) at Hamilton in the state of New South
Wales, being then armed with an offensive weapon, namely, a knife, did rob James Blake of
certain money, namely, twenty-five dollars.”
Level 3: Matters for Proof - Elements
1. That the accused has committed

2. The unlawful taking and carrying away of property of some value
3. From the person of another
4. Against that person’s will
5. Either by force or by putting the person in fear
6. With the intention of permanently depriving the person of such property
7. Whilst armed with an offensive weapon.

Victoria
Section 75 Crimes Act 1958 (Vic)
(1) A person is guilty of robbery if he steals, and immediately before or at the time of doing so,
and in order to do so, he uses force on any person or puts or seeks to put any person in fear
that he or another person will be then and there subjected to force.
(2) A person guilty of robbery, or of an assault with intent to rob, is guilty of an indictable offence
and liable to level 4 imprisonment (15 years maximum).
Section 75A Crimes Act 1958 (Vic)
Armed robbery
(1) A person is guilty of armed robbery if he commits any robbery and at the time has with him a
firearm, imitation firearm, offensive weapon, explosive or imitation explosive within the
meaning assigned to those terms for the purposes of section 77(1).
(2) A person guilty of armed robbery is guilty of an indictable offence and liable to level 2
imprisonment (25 years maximum).
Level 2: Charge
“That on the second day of March 20xx at Hamilton in the State of Victoria, JACK HUGHES robbed
James Blake of a sum of money namely twenty-five dollars whilst armed with an offensive weapon
namely a knife and with threat of actual violence.”
Level 3: Elements
The prosecution must establish beyond reasonable doubt that:

1. the accused has committed (Note: s 72 aspects)
2. the unlawful taking and carrying away of property of some value
3. from the person of another
• against that person’s will
• with the intention of permanently depriving the person of such property
(and s 75 aspects:)
4. used force on another person or sought to induce fear of force in another person;
5. that the accused did so immediately before or at the time of stealing;
6. that the accused did so for the purpose of theft.
(and s 75A aspects)
7. whilst armed with an offensive weapon.

Queensland
Section 409 of the Schedule to the Criminal Code Act 1899 (QLD): Definition of robbery
Any person who steals anything, and, at or immediately before or immediately after the time of
stealing it, uses or threatens to use actual violence to any person or property in order to obtain the
thing stolen or to prevent or overcome resistance to its being stolen, is said to be guilty of robbery.
Section 413 of the Schedule to the Criminal Code Act 1899 (QLD): Assault with intent to steal
Any person who assaults any person with intent to steal anything is guilty of a crime, and is liable to
imprisonment for 3 years.
Level 2: Charge
“That on the second day of March 20xx at Hamilton in the State of Queensland, JACK HUGHES
robbed James Blake of a sum of money, namely twenty-five dollars, whilst armed with a dangerous
weapon, namely a knife and with threat of actual violence.”
Level 3: Elements
1. That the accused has committed

2. The unlawful taking and carrying away of property of some value
3. From the person of another
4. Against that person’s will
5. Either by force or by putting the person in fear
6. With the intention of permanently depriving the person of such property

Western Australia
Section 392 Criminal Code Act Compilation Act 1913 (WA)
A person who steals a thing and, immediately before or at the time of or immediately after doing so, uses
or threatens to use violence to any person or property in order —
(a) to obtain the thing stolen; or

(b) to prevent or overcome resistance to its being stolen,
is guilty of a crime and is liable —
(c) if immediately before or at or immediately after the commission of the offence the offender is
armed with any dangerous or offensive weapon or instrument or pretends to be so armed, to
imprisonment for life; or
(d) if the offence is committed in circumstances of aggravation, to imprisonment for 20 years; or
(e) in any other case, to imprisonment for 14 years.
Level 2: Charge
“On 2 March 20xx, at Hamilton, JACK HUGHES stole from James Blake a sum of money the
property of James Blake and, immediately before and at the time of and immediately after doing
so, used and threatened to use violence to James Blake.
And that Jack Hughes was armed or pretended to be armed with an offensive weapon, namely a
knife.”
Level 3: Elements
1. Identity – that the accused is the offender

2. Taken a thing capable of being stolen (money)
3. With an intent to permanently deprive the owner of the thing or property of it or any part of it
4. Immediately before or at the time of or immediately after doing so, uses or threatens to use
violence to any person or property
5. In order —
(ii) to obtain the thing stolen; or
(iii) to prevent or overcome resistance to its being stolen
6. Was armed or pretended to be armed with an offensive weapon

South Australia
The combined effect of sections 5AA, 134 and 137 of the Criminal Law Consolidation Act 1935
(SA) is:
A person is guilty of aggravated robbery if the person deals with property dishonestly and without
the owner’s consent (theft) either by force or threat of force against another, using or threatening to
use an offensive weapon, such force or threat of force being made at the time of or immediately
before or after the theft, with the intention to permanently deprive the owner of the property.
Level 2: Charge – s 137
“That JACK HUGHES on the 2nd day of March 20xx at Hamilton in the said state, used or
threatened to use force against James Blake in order to commit theft and that the force or threat of
force was used at the time of or immediately before or after the theft.
It is further alleged that the circumstance of aggravation is that the offender used or threatened to
use, an offensive weapon namely a knife, to commit the offence.”
Level 3: Elements
1. That the accused has

2. Dishonestly dealt with property
3. Without the owner’s consent (theft)
4. By force or threat of force
5. Using or threatening to use an offensive weapon
6. At the time of or immediately before or after the theft
7. Intending to permanently deprive the owner of the property

Northern Territory
Section 211 Criminal Code of the Northern Territory (see Criminal Code Act (NT), Sch 1)
(1) Any person who steals and immediately before or at the time of his doing so, or immediately
after doing so, uses or threatens to use violence to any person in order to obtain the thing
stolen, to prevent or overcome resistance to its being stolen or to prevent or hinder his
pursuit, is guilty of a crime called robbery and is liable to imprisonment for 14 years.
(2) If the offender is armed with a firearm or any other dangerous or offensive weapon or is in
company with one or more person or persons, or if, immediately before, at or immediately
after the time of the robbery he causes harm to any person, he is liable to imprisonment for
life.
Level 2: Charge
“That JACK HUGHES on the second day of March (last) at Hamilton in the Northern Territory of
Australia, being then armed with an offensive weapon, namely, a knife, did rob James Blake of
certain money, namely, twenty-five dollars.”
Level 3: Matters for Proof - Elements
1. That the accused has

2. Unlawfully appropriated the property of another
3. With the intention of depriving that person of such property
4. Immediately before or at the time of doing so, used or threatened to use violence
.

Proofmaking model: Prosecution case
LEVEL 1: Source of law
Relevant provision in Crimes Act/Code in your state.
LEVEL 2: Charge
Armed Robbery.
LEVEL 3: Elements LEVEL 4: Facts LEVEL 5: Evidence
Element 1
Element 2

Element 3
Element 4
Element 5
Element 6

Element 7

Chronology
2/3/20xx Blake attacked in lane – struggle about 30 seconds.

11.00pm approx.
11.00pm approx. Witness Keller awakened by a noise.
11.00pm approx. plus 30 Witness Keller goes to bedroom window and looks into the lane below the
seconds and following bedroom window.
Keller sees one person lying face down (the victim) and a second person
kneeling over the other person.
Keller calls out and kneeling person looks up at the window.
11.00pm plus Hughes “leaves” home at 10 Nice Street to buy ice cream.
11.02pm Keller leaves the window and phones the police.
Keller then goes downstairs to check on the victim.
11.05pm Constables Wallace and Willman respond to a call regarding a robbery in
process in Card Street.
11.05pm plus Constables Wallace and Willman attend Card Street.
Wallace and Willman talk to the victim Blake and the witness Keller.
Constable Willman obtains a description of the robber from Blake and
Keller.
11.05pm plus Constable Willman goes in search of the area.
11.15pm Constable Willman observes a male resembling the description of the
robber exiting the lane between Pendle Street and Como Street onto Nice
Street.
Stops accused Hughes on the west side of Nice Street.
11.15pm plus Willman questions Hughes.
Willman finds a knife and $25 on Hughes after a search.
Willman arrests Hughes and takes him to Bayside Police Station.
11.45pm Detective Price attends Hughes’ home and speaks to his wife Diane
Hughes(DH).
DH tells Price husband left about an hour ago.
DH tells Price that she got an ice cream craving about 10.45pm and asked
Hughes to go out and get some.
3/3/20xx Detective Price interviews Keller and takes a statement.
00.55am
03.15am Detective Price interviews Blake and takes a statement.
09.30am Detective Price conducts a photoboard identification procedure with
accused’s image Number 5.
Blake identifies Hughes as the robber.
Keller unable to positively identify Hughes.

Evidence
Witness statement – James Blake
James Blake, the victim of the robbery, has provided the police with this information.
1. My name is James Blake and I live at 13 Bute Street, Hamilton. I was born on 16 January
and I am 30 years old. My occupation is electrical engineer.
Circumstances of the robbery
2. I was robbed as I was out jogging on the evening of 2 March 20xx. I’m not sure of the exact
time of the robbery because I wasn’t wearing a watch. I think it must have been sometime
around 11.00pm.
3. I was jumped from behind as I was running in the lane between Como and Barclay Streets,
Hamilton. The attack occurred very suddenly, and I didn’t see the man until after he jumped
me. There were a number of cars parked in the lane, and I think that he must have been
hiding among the parked cars.
4. I was jumped from behind but during the brief struggle we had, I got a good look at his face.
I am absolutely certain that it was the accused. The struggle didn’t last very long, however,
and before long (maybe 30 seconds, but I’m not exactly sure) I was wrestled to the ground. I
ended up lying on my stomach, face down.
5. Once I was on the ground, I couldn’t see the man. He said, “Shut up. I’ve got a knife. Give
me your money”. I believed I was more likely to get hurt if he thought I could identify him.
Therefore, I tried to avoid looking at him. I never actually saw a knife. The man said he had
one, and I felt something pressed into the lower portion of my back. It felt sharp and I believe
it was a knife. Actually, I’m not really sure that the jacket was black (because the fluorescent
street light distorted colours a bit). I am certain, though, that he was wearing a dark jacket.
6. The morning after the robbery I attended the police station and met with Sergeant Needham.
Sergeant Needham handed me a document containing a number of photographs of men
images and asked me to identify anyone whom I recognised as being connected with the
robbery. I recognised the man in photograph number 5 and had absolutely no doubt that he was
the man who robbed me. I wrote on the document that I recognised number 5, I signed it and I
returned it to Sergeant Needham. I have never seen the man in the photograph before or since
the robbery, but I am certain I will never forget his face.
Location of the robbery
7. I have drawn a diagram of the area where it happened. The night of the robbery I was
running my usual circuit (I jog almost every night). My apartment is in Bute Street. I run
down Bute and then turn right onto Pacific Parade. Pacific Parade links up with Beach
Street and I run down Beach Street to Dune Road. Then I run up Dune Road to the High
School (on the corner of Barclay Street and Dune Road). Between the High School and the
Community Centre, there is a walkway (between some tennis courts and a parking area).
The walkway then goes behind a high-rise senior citizens’ home. I ran behind the high-rise
to where the walkway links up with the lane between Como and Barclay Streets. Just as I

was about to run out of the lane and into Card Street, the man jumped me. I estimate I was
about 5 metres from Card Street when I was jumped. Even though it was dark, the lane was
well-lit. I’m not exactly sure where the street lights are, but there was one in the lane close
to where I was robbed. I didn’t have any difficulty seeing the man.
8. I am absolutely certain that the accused is the man who robbed me. I know that it all
happened very quickly, but because it was such a frightening experience, it all seems like it
happened in slow motion. I got a very good look at the robber’s face and I am sure he is the
accused.
9. I am absolutely certain that $25 (one $10 note and three $5 notes) was taken from me. I
was wearing a jogging suit and had two back pockets in the pants. The money was in my
back right pocket, and the man took all of it.
10. After the man took the money from my pocket, he told me to “Stay right where you are if you
don’t want to get hurt”. I could hear him running away, though, and after a second or two I
rolled over on my back and saw him running up Card Street (toward Nelson Street).
11. Shortly after the man ran away, someone living in one of the near-by buildings came down to
help me. He/she said that he/she had already called the police. I can’t remember the details
of my conversation with the person who came to help me. I remember that he/she said that
he/she had seen what happened. He/she also asked if I was alright, and he/she seemed
quite worried about my physical condition. I can’t recall discussing what the attacker looked
like. In any event, we didn’t have much of a chance to talk because the police arrived within
a few minutes.
12. After the police officers arrived, one of them talked to me and the person who came to help
me. He spoke to us separately - first to me and then to the other fellow. I described the man
who attacked me. He was 183-184cm tall and weighed about 80kg. I estimate his age at 30
to 35 years. (I’m not exactly sure of his age because of his beard.) He was wearing jeans
and a black ski jacket. Actually, I am not sure that the jacket was black (because the
fluorescent street lighting distorted colours a bit). I am certain though, that he was wearing a
dark jacket.

Diagram (Blake)
W E
Como Street
S
High
16 School
Parking
Area
Lane Walkway
Sen Tennis Courts
Community Cit
Centre High
School
Card Street
Rise
Barclay Street
Nelson Street
Beach Street

Witness statement – Chris/Christine Keller
Chris/Christine Keller, the eyewitness to the robbery, has provided the police with this information.
1. My name is Chris/Christine Keller and I live at 16 Como Street, Hamilton. I was born on 2
January, and am 23 years old. I am a clerk by occupation.
Location of the robbery
2. I live at 16 Como Street, in a building located at the corner of Como and Card Streets. My
building is situated immediately adjacent to the lane between Barclay and Como Streets and
my apartment windows (both in the living room and the bedroom) look out over the lane.
Immediately across the lane from my building is an outdoor parking area (for the building
located at the corner of Barclay and Card Streets). The lane between Barclay and Como
Streets is well-lit. There is a street light on the west side of Card Street, half way between the
lane and Barclay Street. There is a street light on the east side of Card Street, half way
between the lane and Como Street. There is also a street light in the lane itself, about 10
metres from Card Street. The light is on the south side of the lane (i.e. across the lane from
my building). The light is almost directly across from my bedroom window. The robbery
occurred only a few metres from this light (a few metres closer to Card Street).
Circumstances of the robbery
3. On the evening of 2 March 20xx, I was awakened at 11.00pm by a noise outside my

bedroom window. I am certain that it was 11.00pm because as soon as I woke up I looked
at my alarm clock. (It is a digital quartz clock and I am sure it was accurate.)
4. After I heard the noise, I looked out of my bedroom window. I had been sleeping soundly so
it was probably about 30 seconds or so from the time I heard the noise to the time I looked
out my window. I saw two men in the lane. One was on his stomach and the other seemed
to be kneeling beside him. I wasn’t sure what was going on (I thought someone might be
hurt), so I yelled out my window “What’s going on out there?”. My shout seemed to startle
the man who was kneeling because he looked around to see where it was coming from. He
looked up toward my window, and that’s when I got a good look at his face.
5. It only took me a few seconds to figure out what was going on. The man who was kneeling
was taking something out of the other man’s pocket, and I concluded that the man on the
ground was being robbed. I decided that the best thing to do was to call the police
immediately. I have a telephone in my bedroom and I used this phone. The phone is on a
table next to my bed, so to use it I had to move away from the window. As I dialled the
number I noted that the time was 11.02pm.
6. After I finished the call, I went outside to wait with the victim of the robbery. He was
obviously very upset, and I thought he might faint. The police arrived after a few minutes.
I’m not exactly sure how long I was with the victim before they arrived - maybe two or three
minutes. I can’t remember exactly what the victim and I talked about before the police
arrived. I remember asking him if he was hurt. He told me that his back hurt, but other than
that he seemed okay. I recall that the victim asked me if I had seen what had happened and
whether I could identify the man who had robbed him. I said that I thought I would be able

to. I don’t think that the victim and I discussed what the robber looked like; however I can’t
honestly remember everything that was said.
7. After the police officers arrived, one of them talked to me and I described the robber. He
was a white male, about 183cm tall, 80kg, dark hair, beard. He was wearing jeans and a
dark jacket.
Statement of Constable Wallace

1. At 23.05 on 2nd March 20xx last, Constable Wilman and I responded to a call to go to Card
Street regarding a robbery in progress. Upon arrival we found a victim and witness near the
lane entrance. There I spoke with the victim and the witness. They provided a description of
a suspect which was broadcast to all units. While I remained with the victim and witness,
Constable Wilman went to search the area for the suspect. The victim stated that he would
have no problem in identifying the suspect.
Statement of Constable Wilman

2. At about 23.05 on 2nd March 20xx, I attended a laneway in Hamilton between Como and
Barclay Streets with Constable Wallace. There I spoke to the victim and a witness about a
robbery.
3. After having been provided with the description by both the victim and the witness, I
conducted an area search. At 23.15 I observed a male party exiting from the lane between
Pendle Street and Como Street onto Nice Street. He closely resembled the suspect’s
description: white male, 183cm tall, 80kg, brown hair, beard, 30-35 years, jeans and a dark
ski jacket. He was breathing heavily as if he had been running. I stopped the suspect in
Nice Street, west side. I commenced an audiovisual recording and interviewed the suspect.
I informed the suspect of the nature of my investigation, cautioned him and posed these
questions:
Question: What is your name and date of birth?
Answer: Jack Hughes, 7 January (36 years ago)
Question: Where do you live?
Answer: Just across the street, 10 Nice Street.
Question: Where have you been in the last 20 minutes?
Answer: I am on my way home, I have only been out a couple of minutes to go to the
store. I was home with my wife before that, I have only been out of the
house for a couple of minutes.
Question: What did you get at the store?
Answer: I haven’t been there yet.

Question: Why are you walking in this direction when the stores are in the other
direction?
Answer: No response.
Question: Why have you been running?
Answer: No response.
4. I subsequently searched the accused and found a quantity of cash, $25, in his left jacket
pocket. The cash was in the same denominations as was stolen from the victim. Also found
in the left jacket pocket of the accused, was a Swiss army pocket knife. I cautioned the
suspect and advised him that he was under arrest for armed robbery. Time of caution 23.35
hours. I put the notes and the knife in separate evidence bags and placed it in the PIC
property room upon return to the station. The accused was charged with armed robbery and
bail was refused.
Statement of Detective Price

1. On the 2nd March 20xx at 23.45 hours I attended at 10 Nice Street and interviewed the wife of
the accused, Diane Hughes. I made an audiovisual recording of the interview. A transcript of
the interview is set out below.
Interview with Diane Louise Hughes
2. My name is Detective John Price and I am investigating an alleged robbery this evening. We
have arrested a person by the name of Jack Hughes who says he lives at this address as we
suspect him of committing the robbery.
Question: Are you married to Jack Hughes?
Answer: Yes.
Question: Is this your normal place of residence?
Answer: Yes.
Question: What time did Jack leave home?
Answer: About an hour ago.
Question: What was your husband doing before he went out?
Answer: He had spent most of the day at home. He went out in the morning to do
some shopping and then about 4.00 o’clock or 4.30 in the afternoon he went
out for a beer. He got home around 5.30pm and stayed home for the rest of
the evening.

Question: What time did you eat?
Answer: We ate dinner at 6.30pm and spent the rest of the evening watching
television. Late in the evening, about 10.45pm or so, I decided I wanted
some ice-cream. We didn’t have any in the house so I asked Jack if he
would go out and get me some. I remember Jack joking at my request
because I had recently learned I was pregnant, and Jack asked me if I
wanted some pickles to go along with the ice-cream.
Question: I am sorry to ask you these questions but it is part of my duty.
Answer: I know, but I am very upset that you think that Jack could have committed
the robbery. I am now 5 months’ pregnant and I can’t work because my
doctor says I must stay off my feet as much as possible, until the baby is
born. If Jack can’t support me and the baby I don’t know what we’ll do.
3. On the 3rd March 20xx at 00.55 hours I interviewed Chris/Christine Keller and took a
statement from him/her.
4. On the 3rd March 20xx at 01.35 hours I saw the accused at the police station. I also read a
copy of the transcript of Constable Wilman’s interview with the accused.
5. On the 3rd March 20xx at 03.15 hours, James Blake attended at my office for an interview; a
statement was obtained.
6. On the 3rd March 20xx at 09.30 hours, I arranged for a photoboard identification procedure to
be conducted with Blake and Keller.
Photoboard Identification Procedure
7. On 3 March at 09.30 hours I conducted a photoboard identification procedure at the

Cottesloe police station with Blake. I handed Blake a document bearing 12 numbered
images of similar looking males, including the accused whose image was number 5. I asked
him to mark the document with the number of any image he recognised. I made an
audiovisual recording of the procedure.
8. During the procedure, I asked Blake these questions:
Question: Did you mark the document?
Answer: Yes, number 5 looked like the guy.
Question: Did you recognise any of the other images?
Answer: No, it was number 5.
I conducted an identical procedure with Keller and asked the same questions:

Question: Did you mark the document?
Answer: No.
Question: Did you recognise any of the images?
Answer: Well number 5 looked a lot like him, but I am not absolutely sure.
9. On the 3rd March 20xx at 10.15 hours, I interviewed Hughes and made an audiovisual
recording of the interview. A copy of the transcript of the interview is set out below.
Interview with Jack Hughes
10. My name is Detective John Price and I would just like to ask you a few more questions about
the events of last night.
Question: You have been previously cautioned but might I remind you that you don’t
have to answer any questions; however, anything you do say can be
recorded by me and used as evidence. Do you understand that?
Answer: Yes, I don’t mind.
Question: What had you been doing that day?
Answer: I spent most of the day at home because I was unemployed at the time. I
went out in the morning to do some shopping for my wife. Then I went to the
lounge at the Ming Court Hotel for a beer at about 4.30pm. I came home at
about 5.30pm and spent the rest of the evening with my wife. I was at home
all evening until about 11.00pm and I know it was about that time because
Eyewitness News had just finished before I left and the last story was about
an aeroplane crash.
Question: What happened then?
Answer: I went out at that time because my wife wanted some ice-cream. My wife
had learned a few weeks earlier that she was pregnant and when she said
she wanted ice-cream I had joked with her about having cravings already.
Question: Where were you going to buy the ice-cream?
Answer: My wife likes Movenpick ice-cream so I was going to go to the Seven Eleven
shop where they sell it.
Question: What time did you leave again?
Answer: I am not sure of the exact time I left home, but I know it was after 11.00pm.
Our house is in Nice Street between Pendrell and Como Street. I walked

down Nice Street to Nelson, turned left into Nelson and walked down to
Dune Road. Just before I reached Dune Road, I realised the Seven Eleven
store would be closed and decided to go back to the corner shop closest to
where we live, which is located on Card Street in the block between Pendrell
and Como Streets.
Question: So what did you do then?
Answer: I ran to the left, up Dune Road and turned left into Como Street. Then along
Card Street and turned right. Con’s was closed when I got there.
Question: So what did you do then?
Answer: The store is adjacent to the lane between Pendrell and Como Street, so I
decided to cut through the lane to Nice Street, to go to Nino’s, another
corner store, which is in Nice Street between Nelson and Barclay Street and
I knew it was open until midnight. It was when I was coming out of the lane
into Nice Street that the police stopped me.
Question: When the policeman stopped you, why didn’t you explain why you were
running?
Answer: When I realised the officer was investigating a robbery, I thought I might be
implicated in it. I was very upset and couldn’t think straight.
Question: What about the money that was found in your pocket?
Answer: The money was change out of a $50 note. I used it to pay for some things
earlier that morning. I had just stuffed the change into my pocket and
forgotten about it.
Question: Are you still unemployed?
Answer: I had a steady job as a labourer for a construction company until about 10
months ago when I was laid off. I then got a part-time job as a barman at
the Ming Court Hotel but I was laid off that job about a week ago.

Exhibit 1 - Photo Identification Procedure
Image 1 Image 2 Image 3 Image 4
This identification procedure was conducted 3 March 20xx by Sergeant

NEEEDHAM PD10225 at COTTESLOE Police Station with witness James
BLAKE.
I have viewed the images and identify the person in image no 5 .
Signed James Blake .
Date 3/3/20x x .

Exhibit 2 - Photo Identification Procedure
This identification procedure was conducted 3 March 20xx by Sergeant

NEEEDHAM PD10225 at COTTESLOE Police Station with witness James
Keller.
I have viewed the images and identify the person in image no NONE .
Signed C. Keller .
Date 3/3/20x x .

Defendant’s facts
Note: The Prosecution would not have access to this statement.
Witness statement – Jack Hughes

Jack Hughes, the accused, has provided his lawyer with this information about the night he was
arrested. The statement was made three weeks after being arrested and charged. Bail has been
granted.
1. My name is John Edward Hughes but I am called “Jack”. I was born on 7 January and am
36 years old. I live at 10 Nice Street, Hamilton and I am currently employed as a waiter at
Ming Court Hotel.
2. On March 2, I spent most of the day at home (I was unemployed at the time). I went out in
the morning to do some shopping for my wife and I went to the lounge at the Ming Court
Hotel for a beer around 4.30pm. I returned home at 5.30pm and spent the rest of the
evening with my wife. I was home all evening until 11.00pm. I know I didn’t leave home until
after 11.00pm because the Eyewitness News had just finished when I left. I can recall that
the last story was about an aeroplane crash.
3. I went out because my wife wanted some ice-cream. My wife had learned a few weeks
earlier that she was pregnant, and when she said she wanted ice-cream I joked with her
about having “cravings” already. I decided that I would go to a Seven Eleven store, which is
located on the corner of Dune Road and Beach Street. There are a number of corner shops
nearer to where I live, but my wife particularly likes Movenpick ice-cream, so I decided to go
to the Seven Eleven where they sell it.
4. I’m not sure of the exact time I left home, but I know it was after 11.00pm. My house is in
Nice Street, between Pendrell and Como Streets. I walked down Nice Street to Nelson
Street. I turned left into Nelson Street and walked down to Dune Road. About 11.00 pm and
just before I reached Dune Road, I realised that the Seven Eleven store would probably be
closed. I wasn’t sure exactly what time it closed, but I was quite sure it wasn’t open past
11.00pm. (In fact, I have subsequently learned that it closes at 11.00pm - hence the name
“Seven Eleven”, 7am - 11pm).
5. Once I realised that the Seven Eleven would be closed, I decided to go to the corner shop
closest to my home. It’s called “Con’s Grocery” and it’s located on Card Street in the block
between Pendrell and Como Streets. I realised that I would have to hurry to get there before
it closed. The shop usually closes sometime between 11.00 and 11.30 pm. (It varies
depending on how many customers there are.)
6. I ran (actually jogged) to the left, up Dune Road and turned left into Como Street. I went one
block along to Card Street and turned right. When I got to Con’s Grocery it was already
closed. The store is adjacent to the lane between Pendrell and Como Streets. I decided to
cut through the lane back to Nice Street. (This lane is just across the street from my house.)
It was my intention to go to another near-by corner store (Nino’s Food Mart). Nino’s is in
Nice Street in the block between Nelson and Barclay Streets and its open until midnight.
7. Just as I was coming out of the lane into Nice Street, however, a police officer stopped me. I
can recall that the officer “read me my rights” and then asked me some questions.

8. I have drawn a diagram of the streets which is attached.
A represents my home.
B is the intersection of Nice and Nelson Streets.
C represents the intersection of Nelson Street and Dune Road.
D represents the intersection of Como and Card Streets.
9. When I realised that the officer was investigating a robbery and somehow I might be
implicated in it, I was very upset and couldn’t think straight. That’s the reason why I didn’t
explain why I had been running. The only explanation I have for not explaining why I was
running is that I was upset and confused.
10. The police officer found $25 in my jacket. The money was the change out of a $50 note I
received when I purchased some things earlier that morning (when I was out shopping for
my wife). I was in a hurry and just stuffed the change into my jacket pocket (rather than
putting it in my wallet). By the time I went out at 11.00 that evening, I had simply forgotten it
was there.
11. At the time I was arrested, I was wearing jeans, a black sweater and a dark blue ski jacket. I
was also carrying a pocket knife. It’s on the key chain with my house key, so I always have it
with me.
12. It’s very important to me to avoid being convicted. My wife is ill and very upset about my
being arrested.
13. I am also very worried about my financial situation. Until last month, my wife had a part-time
job at Nathans. She had to quit the job because of problems with her pregnancy (her doctor
said she had to spend as much time as possible in bed resting). I had a steady job as a
labourer for a construction company until 10 months ago when I was laid off. I then got a
part-time job (as a barman) at the Ming Court Hotel, but I was laid off that job about a week
before I was arrested.
14. Two weeks ago the Hotel re-hired me (on a full-time basis as a waiter). It is essential that I
keep this job.

Pendrell Street
Con’s Grocery
10
A Lane Card Street
D
Como Street
lane
Nice Street Dune Road
Barclay Street
Nino’s
B Nelson Street
C
Seven
Eleven
Store
Beach Street

Witness statement – Diane Hughes
Note: The Prosecution would not have access to this statement.
Diane Hughes, the wife of the accused, has provided his lawyer with this information about the night
her husband was arrested.
1. My name is Diane Louise Hughes. I was born on 29 August and am 29 years old. I live with
my husband Jack Hughes at 10 Nice Street, Hamilton. I am currently not employed
(formerly employed at Nathans as a stock clerk).
2. Since my husband was arrested, I have thought a great deal about what happened on the
evening of March 2, and I can remember the events that occurred very clearly.
3. My husband spent most of the day at home. He went out in the morning to do some
shopping and in the afternoon (around 4.00 or 4.30pm) for a beer. He got home around
5.30pm and stayed home the rest of the evening. We ate dinner at 6.30pm and spent the
rest of the evening watching television. Late in the evening (around 10.45pm or so), I
decided I wanted some ice-cream. We didn’t have any in the house, so I asked Jack if he
would go out and get me some. I remember him joking about my request. I had recently
learned I was pregnant, and Jack asked me if I wanted some pickles to go along with the
ice-cream.
4. To determine exactly what time Jack left the house, I thought a great deal about what
happened just before he left. At 10.00pm we watched the Eyewitness News together. The
first story was about a terrorist attack on an airport in the Middle-East. The next story was
about the value of the Australian dollar and its effect on interest rates. The final story was an
update about an aeroplane crash. I’m sure Jack watched television with me until the news
ended at 11.00pm. I was particularly interested in the story about the aeroplane crash, and
I can recall talking with Jack about it before he left. At 11.00pm Jack got his jacket and left.
5. When Jack hadn’t returned by 11.30pm, I began to get worried. When a police officer came
to my door at 11.45pm I got very upset. I thought Jack might have been involved in an
accident. When the police officer told me that Jack was a suspect in a robbery, I couldn’t
believe my ears! I remember telling the officer Jack had never stolen anything in his life. I
honestly believed that at the time. Since that night, however, Jack has told me that he was
arrested and convicted of theft “years ago when he was a kid’.
6. When the police officer asked me what time Jack had left home, I said ‘about an hour ago’.
That was just a rough estimate. When I said it I hadn’t thought carefully about the precise
time he left and I didn’t realise the significance of the time he left. I was also very upset
when the police officer was at my home. He was accusing Jack of committing a crime and I
just couldn’t think straight.
7. I am very upset that Jack has been implicated in a robbery. I am very frightened about the
possibility that Jack could be convicted and might go to jail. I am now five months’ pregnant
and unable to work (because my doctor says I must stay off my feet and get as must rest as
possible until the baby is born). If Jack can’t support me and the baby, I don’t know what I’ll
do.
8. Jack has told me that he’s innocent, and I trust him. I’ve been married to him for four years
and I feel I know the kind of man he is. I honestly believe he’s not capable of robbing
anybody.

Optional exercise – Examination-in-chief
Aim: Elicit these facts by asking non-leading questions.
Use words such as “where”, “what”, “when” and “who”.

Method:
Avoid “did” or “was” (unless followed by general enquiry words).
Facts:
My name is James Blake and I live at 13 Bute Street, Hamilton. I was born on 16 January 30 years
ago. My occupation is electrical engineer.
1. I was robbed as I was out jogging on the evening of March 2.
2. I’m not sure of the exact time of the robbery because I wasn’t wearing a watch.
3. I think it must have been sometime around 11.00pm.
4. I was jumped from behind as I was running in the lane between Como and Barclay Streets.
5. The attack occurred very suddenly, and I didn’t see the man until after he jumped me.
6. There were a number of cars parked in the lane, and I think that he must have been hiding
among the parked cars.
7. I was jumped from behind, but during the brief struggle, I got a good look at his face.
8. I am absolutely certain that it was the accused.
9. The struggle didn’t last very long, however, and before long (maybe 30 seconds, but I’m not
exactly sure) I was wrestled to the ground.
10. I ended up lying on my stomach, face down.
11. Once I was on the ground, I couldn’t see the man.
12. He said, ‘Shut up. I’ve got a knife.
13. Give me your money’.
14. I believed I was more likely to get hurt if he thought I could identify him.
15. Therefore, I tried to avoid looking at him.
16. I never actually saw a knife.
17. The man said he had one, and I felt something pressed into the lower portion of my back.
18. It felt sharp, and I believe it was a knife.
19. I am absolutely certain that $25 (one $10 note and three $5 notes) was taken from me.
20. I was wearing a jogging suit and had two back pockets in the pants.
21. The money was in my back right pocket, and the man took all of it.
22. After the man took the money from my pocket, he told me to ‘Stay right where you are if you
don’t want to get hurt’.
23. I could hear him running away, though, and after a second or two I rolled over on my back
and saw him running up Card Street (toward Nelson Street).
24. Shortly after the man ran away, someone living nearby came down to help me.
25. He/she said that he/she had already called the police.
26. I can’t remember the details of my conversation with the person who came to help me.
27. I remember that he/she said that he/she had seen what happened.
28. He/she also asked if I was alright, and he/she seemed quite worried about my physical
condition.
29. I can’t recall discussing what the attacker looked like.
30. We didn’t have much of a chance to talk as the police arrived within a few minutes.

Optional exercise: Cross-Examination Questions
Aim: Reformulate the questions below to be leading propositional questions.
A proposition can be followed by “wasn’t it”, “didn’t you” etc.”

Method:
Use emphasis to stress the key word.
All questions should allow for a yes or no answer
Facts:
1. Were you robbed as you were out jogging on the evening of March 2?
2. Did you know the exact time of the robbery?
3. Were you wearing a watch?
4. Was it sometime around 11.00pm?
5. Were you jumped from behind as you were running in the lane between Como and Barclay
Streets, Hamilton?
6. Did the attack occur very suddenly?
7. Did you not see the man until after he jumped you?
8. Were there a number of cars parked in the lane?
9. Was he hiding among the parked cars?
10. Were you jumped from behind?
11. Was the struggle brief?
12. Did you get a good look at his face?
13. Were you absolutely certain that it was the accused?
14. Did the struggle last very long?
15. Were you wrestled to the ground?
16. Did you end up lying on your stomach, face down?
17. Once I was on the ground, could you see the man?
18. Did he say, ‘Shut up. I’ve got a knife’?
19. Did he say, ‘Give me your money’?
20. Did you believe that you were more likely to get hurt if he thought you could identify him?
21. Did you try to avoid looking at him?

22. Did you see a knife?
23. Did the man say that he had one?
24. Did you feel something pressed into the lower portion of your back?
25. Did it feel sharp?
26. Did you believe it was a knife?
27. Are you certain that $25 (one $10 note and three $5 notes) was taken from you?
28. Were you wearing a jogging suit?
29. Did it have two back pockets in the pants?
30. Was the money in your back right pocket?
31. Did he take all of it?
32. After the man took the money from my pocket, did he tell you to ‘Stay right where you are if
you don’t want to get hurt’?


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Lawyer’s Skills

Representing a Client in Court

Criminal trial – R v Hughes (in WA, State of Western Australia v

New South Wales...................................................................................................................... 2

LS Advocacy_Criminal - R v Hughes_ALL STATES_2020_03_02 Page 1 of 30

New South Wales

Section 97 Crimes Act 1900 (NSW)

Level 3: Matters for Proof - Elements

1. That the accused has committed

LS Advocacy_Criminal - R v Hughes_ALL STATES_2020_03_02 Page 2 of 30

Section 75 Crimes Act 1958 (Vic)

Section 75A Crimes Act 1958 (Vic)

The prosecution must establish beyond reasonable doubt that:

LS Advocacy_Criminal - R v Hughes_ALL STATES_2020_03_02 Page 3 of 30

Level 1: Source of Right

1. That the accused has committed

LS Advocacy_Criminal - R v Hughes_ALL STATES_2020_03_02 Page 4 of 30

Level 1: Source of Right

Section 392 Criminal Code Act Compilation Act 1913 (WA)

(a) to obtain the thing stolen; or

1. Identity – that the accused is the offender

(iii) to prevent or overcome resistance to its being stolen

6. Was armed or pretended to be armed with an offensive weapon

LS Advocacy_Criminal - R v Hughes_ALL STATES_2020_03_02 Page 5 of 30

Level 1: Source of Right

Level 2: Charge – s 137

1. That the accused has

LS Advocacy_Criminal - R v Hughes_ALL STATES_2020_03_02 Page 6 of 30

Level 1: Source of Right

Level 3: Matters for Proof - Elements

1. That the accused has

LS Advocacy_Criminal - R v Hughes_ALL STATES_2020_03_02 Page 7 of 30

Relevant provision in Crimes Act/Code in your state.

LEVEL 3: Elements LEVEL 4: Facts LEVEL 5: Evidence

LS Advocacy_Criminal - R v Hughes_ALL STATES_2020_03_02 Page 8 of 30

LS Advocacy_Criminal - R v Hughes_ALL STATES_2020_03_02 Page 9 of 30

LS Advocacy_Criminal - R v Hughes_ALL STATES_2020_03_02 Page 10 of 30

2/3/20xx Blake attacked in lane – struggle about 30 seconds.

LS Advocacy_Criminal - R v Hughes_ALL STATES_2020_03_02 Page 11 of 30

Witness statement – James Blake

Circumstances of the robbery

Location of the robbery

LS Advocacy_Criminal - R v Hughes_ALL STATES_2020_03_02 Page 12 of 30

LS Advocacy_Criminal - R v Hughes_ALL STATES_2020_03_02 Page 13 of 30

LS Advocacy_Criminal - R v Hughes_ALL STATES_2020_03_02 Page 14 of 30

Location of the robbery

Circumstances of the robbery

3. On the evening of 2 March 20xx, I was awakened at 11.00pm by a noise outside my

LS Advocacy_Criminal - R v Hughes_ALL STATES_2020_03_02 Page 15 of 30

Statement of Constable Wallace

Statement of Constable Wilman

Question: What is your name and date of birth?

Answer: Jack Hughes, 7 January (36 years ago)

Question: Where do you live?

Answer: Just across the street, 10 Nice Street.

Question: Where have you been in the last 20 minutes?

Question: What did you get at the store?

Answer: I haven’t been there yet.