Defence Closing Speech
Defence Closing Statement
Members of the Jury, you have now heard all of the evidence in this case which I would like to take this opportunity to remind you of. My client , Mr Chris Howells, is accused of ASSAULT OCCASIONING ACTUAL BODILY HARM contrary to section 47 of the Offences Against the Person Act 1861.
The first witness you heard from today was one of two doorpersons at the Xplode night club, Billie Evans, who was present on the night of the 10th February 2012. This witness admitted to the court that s/he witnessed Howells assault Ashley Brown and that s/he responded immediately by tackling Howells to the ground while firmly holding his/her hands behind his/her back during ‘an almighty struggle’ while he/she waited for the police to arrive to the scene. It would be most simple to look no further into the other evidence in this case and to convict my client straight away, But it’s not as simple as that, is it, members of the jury?
If everyone in this court room today were to sit down and analyse what we have heard during this trial then you may think that we start to get niggling doubts. You may suspect, believe or are unsure that Mr/Miss Howells committed the alleged offence, but if that is in fact the case members of the jury, then you shall be obliged to acquit. Why?
The Crown brings forth this case and it is for them to prove it, Mr/Mrs Howells need not prove anything at all, let alone his innocence. The Crown must satisfy you so that you are sure of his guilt; nothing less than sure will suffice. So if you find yourself saying ‘might’ or ‘possibly’ or even ‘probably’ when you retire to consider the evidence then you know what the appropriate verdict would be – not guilty.
There are three topics I would like to discuss with you which concern the evidence that the prosecution have put before you. Having heard the Statement of Mr/Miss Ashley Brown you may think that his account is incapable of making you sure that Mr/Miss Howells is guilty. First
Members of the Jury, you have now heard all of the evidence in this case which I would like to take this opportunity to remind you of. My client , Mr Chris Howells, is accused of ASSAULT OCCASIONING ACTUAL BODILY HARM contrary to section 47 of the Offences Against the Person Act 1861.
The first witness you heard from today was one of two doorpersons at the Xplode night club, Billie Evans, who was present on the night of the 10th February 2012. This witness admitted to the court that s/he witnessed Howells assault Ashley Brown and that s/he responded immediately by tackling Howells to the ground while firmly holding his/her hands behind his/her back during ‘an almighty struggle’ while he/she waited for the police to arrive to the scene. It would be most simple to look no further into the other evidence in this case and to convict my client straight away, But it’s not as simple as that, is it, members of the jury?
If everyone in this court room today were to sit down and analyse what we have heard during this trial then you may think that we start to get niggling doubts. You may suspect, believe or are unsure that Mr/Miss Howells committed the alleged offence, but if that is in fact the case members of the jury, then you shall be obliged to acquit. Why?
The Crown brings forth this case and it is for them to prove it, Mr/Mrs Howells need not prove anything at all, let alone his innocence. The Crown must satisfy you so that you are sure of his guilt; nothing less than sure will suffice. So if you find yourself saying ‘might’ or ‘possibly’ or even ‘probably’ when you retire to consider the evidence then you know what the appropriate verdict would be – not guilty.
There are three topics I would like to discuss with you which concern the evidence that the prosecution have put before you. Having heard the Statement of Mr/Miss Ashley Brown you may think that his account is incapable of making you sure that Mr/Miss Howells is guilty. First