Bar Mock Trial Competition 2017/18. Case 2: R v Grey. England, Wales and Northern Ireland

Transcription

1 Bar Mock Trial Competition 2017/18 England, Wales and Northern Ireland

2 The Queen v Deniz Grey Summary of Allegation The victim, Vick Mathias, and defendant, Deniz Grey, were living together when these allegations were made. The parties were involved in an argument, which culminated in a physical incident. The defendant allegedly pulled the victim s arm behind his / her back and pushed him / her aggressively to the floor. The defendant is then accused of kicking the victim once. At some stage during the incident, the victim sustained a fractured leg. It is unclear whether this was as a result of the push or the kick. The police were called by the defendant and the defendant was arrested and charged with Grievous Bodily Harm. Upon being interviewed, the defendant refused to answer questions, but gave a prepared statement, in which they claimed that the victim had been making threatening motions with a knife and that the defendant had acted to protect themselves. The incident was witnessed by a friend of both parties and overheard by a neighbour. The Charge Deniz Grey is charged with Inflicting Grievous Bodily Harm, contrary to s.20 of the Offences Against the Person Act. The Law Deniz has been charged with assaulting Vick causing him / her Grievous Bodily Harm. This means really serious harm. In order to be found guilty of this, it must be proved that: - Deniz assaulted Vick meaning in this instance used unlawful force on him / her; and - This caused really serious bodily harm [a broken tibia would suffice]; and - Deniz either intended to cause some harm [not necessarily serious harm] to Vick or was reckless to causing some harm. Deniz does not deny he / she grabbed and pushed Vick and this caused a fall but his / her case is that he / she was acting in self-defence. Self-Defence The prosecution must also make the jury sure that Deniz was: - Not acting to defend himself / herself or another; or - If he / she did believe that he / she was about to be attacked, the force he / she used was excessive. Were Deniz s actions reasonable in the circumstances or did he / she go over the top? You do 2

3 not need to actually be attacked to legally defend yourself, but have to have a genuine belief that you are about to be and use reasonable (not excessive) force. It is unclear whether the pushing or kicking resulted in a break of the tibia. Vick says he / she was kicked but also says the pain started when he / she fell. There is no medical evidence to answer the question of when the break happened. It isn t disputed that Deniz s actions caused the break, but Deniz denies kicking Vick. The fact that Vick had a pre-existing condition in that she had recently broken his / her leg can be taken into consideration by the jury when considering whether Deniz used reasonable force. You will also see that the incident is witnessed by two other individuals but they give different accounts of what they think happened. This doesn t mean necessarily that they are lying even an honest witness can make a mistake. It is important to consider the circumstances in which they were viewing the incident. For instance: - At what distance did they witness the incident? - Was there anything that might have impeded the witness view of the person? - How much of the incident did they see? 3

4 INDICTMENT IN THE CROWN COURT AT NORTHWOOD THE QUEEN V DENIZ GREY DENIZ GREY is charged as follows: STATEMENT OF OFFENCE Inflicting Grievous Bodily Harm, contrary to s.20 of the Offences Against The Persons Act PARTICULARS OF OFFENCE Deniz Grey, on the 14th day of February 2017, unlawfully and maliciously inflicted grievous bodily harm upon Vick Mathias which resulted in Vick Mathias suffering a fracture of the right tibia. 4

5 STATEMENT OF PROSECUTION WITNESS 1 Name: Over 18 Occupation: Address: VICK MATHIAS Store Assistant Flat 7, Anderson House, Northwood This statement (consisting of 2 pages signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated anything which I know to be false or do not believe to be true. Dated the 16th day of February 2017 This statement refers to when I was assaulted by my ex-partner, Deniz Grey, at around 8pm on 14th February at my current address of Flat 7, Anderson House. Deniz and I had lived together for about 2 months. We met through a mutual friend and moved in together quite quickly. The relationship was good at first, but recently we had been arguing. Our arguments were verbal and had never been physical prior to this incident. Often there were flare-ups and we then would make up. On 14th February I had been out in the morning to do some shopping and go to the newsagents before going home. My then partner, Deniz, was still in bed asleep when I got back at about 10am. Deniz was home most of the day. We argued about silly things, but nothing too serious. At around 8pm I was on the phone to my mum. I was in the kitchen, close to the work surface, with the fridge on my right. Our friend Brynne was at the flat and they had been watching TV. We had planned to get a takeaway, as neither of us wanted to cook, but I was cutting up some carrots for us to have as a snack. Deniz was agitated, as he / she could not use the phone to make the takeaway order. Deniz kept making signs for me to stop talking to my mum. I finished my call, and said: That was rude, it was just my mum. Deniz does not like me talking to my family as they have never really agreed with us moving in together. Deniz told me that I should go back home if I wanted to spend Valentine s with my family. This made me really angry so I told him / her that I would rather be home than spend time with Deniz. Suddenly Deniz went for me, shouting at me and telling me I was a waste of space and that I should get out or else. He / she twisted both arms behind my back and push me roughly to the floor. As Deniz twisted my arms I felt a really bad pain in my right leg. Deniz told me to get off the floor but I could not get up. He / She then kicked me in the same place I had felt the pain. I don t remember that much at this point because I was in so much pain from my leg but I remember Deniz continued to shout at me. 5

6 Brynne came in and grabbed hold of Deniz. Deniz was still saying things like I should get out, go away and that I was always causing problems. Deniz rang the police and told them that he / she wanted me out of the flat and that I was being violent and aggressive to him / her. I heard him / her say I had a knife, but it was only because I had been cutting carrots and I had dropped it in the incident. The police came and I told them that Deniz had broken my leg. The police called an ambulance and at the hospital they said I had a fracture of the right tibia. Signature of Witness: Vick Mathias 6

7 STATEMENT OF PROSECUTION WITNESS 2 Name: Age: Over 18 Occupation: Address: DORIAN BAYLIS Retired Flat 6, Anderson House, Northwood This statement (consisting of 1 page signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated anything which I know to be false or do not believe to be true. Dated the 15th day of February 2017 This refers to an incident last night between my neighbours. I don t know them very well as they only moved in about eight weeks ago. They are noisy and argue a lot. The walls are quite thin so the sound tends to carry between our neighbouring flats. I can often hear Deniz saying Vick should leave and go home to his / her family, as that would help both of them. They are young and appear to be struggling to handle a relationship while living together away from home. I have not heard or seen any physical violence until last night. At around 8.05pm, I heard a loud crashing sound and a lot of shouting. I heard Deniz telling Vick something along the lines of get out and leave or else. I can t recall the exact words but it was definitely threatening. Vick was screaming and refusing to go, and I heard Deniz saying something about a knife, although I could not hear exactly what it was, as there was a lot of noise at this point. I remember that Vick sounded in a great deal of pain. I could also hear another voice saying Stop it now! Both of you stop! From what I could hear, it sounded like Deniz had attacked Vick. As quickly as I could, I got dressed. I went to the door and banged on it, saying Open up!. Before I could see what was going on inside, the police arrived. Deniz opened the door and I could see Vick on the floor in the kitchen. Vick showed the police where there was pain. Then the ambulance came and took him / her away. Deniz was sat on the sofa crying, and another person I have never seen before was present. The police then asked me to go back to my flat. The next day, an officer came and took my witness statement. Signature of Witness: Dorian Baylis 7

8 STATEMENT OF PROSECUTION WITNESS 3 (SECTION 9 STATEMENT) Name: Age: Over 18 Occupation: TROY CAMPBELL Detective Constable This statement (consisting of 1 page signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated anything which I know to be false or do not believe to be true. On the 14th February I was on duty at Northwood Police Station. I dealt with Deniz Grey, who had been arrested for Grievous Bodily Harm. I interviewed Grey, who initially gave a 'No Comment' interview. At 2.30am on the 15th February I re interviewed Deniz Grey in the presence of a solicitor. Grey again answered 'No Comment' to all of the questions but made a prepared statement the following day. Vick Mathias attended Accident and Emergency at Northwood Hospital, where he / she was diagnosed with a fracture of the right tibia. The consultant was unable to comment upon the cause of the injury, but noted there had been a previous fracture of this bone in November 2016 as a result of a football injury. No other injuries were noted, other than tenderness and swelling to the right arm. Signature of Witness: DC Troy Campbell 8

9 STATEMENT OF DEFENCE WITNESS 1 Name: DENIZ GREY Age: 18 Occupation: Event Assistant Address: 14 South Avenue, Northwood Dated the 15th day of February 2017 This statement (consisting of 2 pages signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated anything which I know to be false or do not believe to be true. This statement refers to when I was accused of assaulting my ex-partner Vick Mathias on 14th February at our shared address at that time. I did not assault Vick; I was acting in self defence. I accept I grabbed Vick s arms, but that was to stop Vick hurting me or himself / herself with the knife. I did not mean to break Vick s leg and think it only happened because of the previous injury. Vick and I had been together for almost a year. We got along very well. We argued but every couple does that and they have never turned violent. On14th February, Vick went out to get the shopping and I had a lie in as I was at work until late the night before. I was home most of the day. We argued about silly things but nothing major. At about 6pm, our friend Brynne came to the flat and we watched TV. I presumed Brynne was staying for dinner as we were going to get a takeaway. I suggested we went out but no one wanted to. Vick's mum rang and Vick was on the phone for ages. Vick s mum does not like me and she interferes in the relationship. She does not approve of us living together, and thinks Vick is too young to be tied down. I agree that both of us were too young to try and live together so soon in a relationship. I suggested recently that we should move out and perhaps live back with parents. That caused a few arguments. She was clearly shouting at Vick and Vick was agitated. I thought they were arguing about me and us not going out for Valentines. I made a gesture telling Vick to cut the call. Vick was angry after the call and was yelling about me about being rude. Vick had a knife and was waving it in the air in front of my face. I feared for my own safety and grabbed Vicks upper arms. The grip was light but enough to make Vick lower the knife. I was holding on to Vick's arms and then pushed Vick away from me. Suddenly Vick was on the floor screaming and yelling. I stepped away from Vick, who was on the floor screaming at me. She had dropped the knife but didn t seem to be able to get up. I didn t touch him / her at all when she was on the ground. I told Vick to get out and go home, I had had enough of it and wanted it to stop. I was scared 9

10 for both of us. I rang the police, and told them that I wanted him / her out of the flat as he / she was being violent and aggressive and had a knife. I did not mean to hurt Vick and was only acting in self-defence. His / her leg had been broken recently before and I think that must have been why it broke this time. I loved Vick and still cannot stand the thought of harming him / her. I was arrested and taken to the police station. I was terrifed as I had never been in a cell before. I made no comment and asked for a lawyer. When the lawyer came I acted on their advice and made no further comment until the morning. Later that day I made this statement when I had rested and could remember more of the incident. Signature of Witness: Deniz Grey 10

11 STATEMENT OF DEFENCE WITNESS 2 Name: BRYNNE PACEY Age: Over 18 Occupation: Cafe Manager Address: 3 Clerk Street, Northwood Dated the 14th day of February This statement (consisting of 1 page signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated anything which I know to be false or do not believe to be true. I am a friend of Deniz Grey and Vick Mathias. I have known both of them for some time. I was at school with Deniz and met Vick at college. I think I may have introduced them. I think they have a bit of a love-hate relationship; it s always up and down, although in the last month it s been worse. Deniz had to look after Vick when she/he broke their leg during a football match. This put a strain on their finances, and Deniz suggested Vick went back home for a period. I did not notice an atmosphere when I arrived. Deniz and I watched TV. I often pop by and hadn t even realised it was Valentines Day. Deniz had initially suggested we went out but Vick wanted to get a takeaway. Deniz was relaxed but we could hear Vick getting wound up on the phone. It was something to do with Mrs. Mathias, who I know quite well. She is a difficult and demanding woman and wants Vick to go home. I don t think she likes Deniz. I heard Vick say something about Valentines Day, and then slam the phone down. Vick was angry and quite aggressive, shouting something about Deniz being rude. Deniz raised his / her voice back and Vick started shouting at him / her. It was the usual argument about Vick s family not liking Deniz. I tried not to get involved and continued watching TV but looked in again when the shouting got worse. This was in the kitchen and I remember Vick holding a knife because it made me think something bad might happen. The next thing I saw was Vick on the floor, screaming. I don t know how it happened; I did not have a clear view from the lounge into the kitchen and only ran in when I heard a loud thump and a scream. It was very quick, but it didn t look like Deniz was trying to hurt Vick. I think it was an accident. Both of them were just shouting at each other at this point. I can t really remember everything they said. I got hold of Deniz and managed to calm him / her down. Deniz rang the police and they came within minutes. Deniz went to the police station and Vick went to hospital. I stayed and gave this account to the police. I have never seen anything like this before and my friends shocked me. Signature of Witness: Brynne Pacey 11