Plea in mitigation
Consider the defendant’s previous convection and his personal circumstances and use the word ‘Your Worship’ when talking to the judge.
Read Carefully the marking criteria below as there are things you are not allowed to say such as ‘i feel” ‘ i believe ‘ i think’
PAUL PERKINS Age: 20 Gender: Male Charge: Burglary of dwelling house [2 counts] Occupation: Unemployed
Agreed facts: During the early hours of Sunday morning Mr Perkins noticed that his neighbours had left their kitchen window open whilst they were away on holiday. On impulse, he entered their property via the kitchen window and took some money and jewellery. An adjacent neighbour saw him entering through the window and phoned the police. As he was leaving the property the police arrived and arrested him. Mr Perkins was taken to a nearby police station and interviewed under caution. He was charged with entering a dwelling house and stealing money totalling £1,000.00 and a women’s diamond ring.
Previous convictions: 1 year ago Theft – Mr Perkins was convicted of stealing a packet of cigarettes from his local newsagent’s shop. Conditionally discharged for 18 months. 2 years ago Possession of Cannabis – Mr Perkins was cautioned for possession of a small amount of cannabis for personal use.
Personal circumstances: Mr Perkins is single and unemployed. He left his mother’s home one month ago after a row with his mother, which seems to have revolved around her asking her current boyfriend to move in. Mr Perkins has never known his natural father. He has been living in bed and breakfast accommodation but ran out of funds. He says that he stole the money to eat and pay for a couple of nights’ accommodation. He is looking for work (he is an experienced labourer), but has so far been unsuccessful. His mother has been contacted, but will not take him back. Mr Perkins pleaded guilty at trial. He has already handed in the diamond ring to his local police station and has begun a schedule of repayments for the stolen money. The matter has now been adjourned for sentencing
this is the marking criteria
Has the student:
introduced self properly, including role?
confirmed the nature of the hearing (e.g. bail / mitigation)?
outlined the background facts / asked if should do this? [NOT FOR MITIGATION]
clarified what issues will be addressed (signposting)? i.e.:
• Bail – the relevant grounds
• Mitigation – offence,
addressed each of those issues clearly and concisely?
referred to facts supporting their arguments?
ended with an effective, concise summary?