CROSS EXAMINATION ADVOCACY PLAN

Allocation of trial: Crown Court at Newcastle Upon Tyne

Stage of Proceedings: Cross Examination of the Defendant in the Prosecution case

CASE THEORIES:

Prosecution Theory

Arthur Hastings had been living in Maureen Connor’s property since February 2016. He was
unemployed, and had been verbally abusive towards Ms Connor. He had left the property
after he ended his relationship with Ms Connor. On 22nd November 2017, Mr Hastings
unlawfully entered into the property while Ms Connor was away for a wedding event. He
procured the commission of the offence by breaking into the property to carry out extensive
damages to her property in cognizant of her absence. This was an act carried out by Mr
Hastings in as a result from the emotional outburst from his dissolved relationship with the
victim. He had cautioned Ms Conner with reference to the damage he was about to carry out,
a day before the act was executed. His physical descriptions and attire had met the
descriptions described by the witness when he was arrested by the police. Mr Hastings had 2
previous convictions of burglary, and criminal damage whereby he had carried out criminal
damage to his partner, after an end of a relationship.

Defense Theory

Arthur Hastings had been living with Ms Connor for a year and 9 months. He then left the
property on early November after he had ended the relationship with Ms Connor. He had met
Ms Connor on the 21st November to collect his television set and a laptop, gifts given by Ms
Connor to Mr Hastings. On the night of the burglary, Mr Hastings had been with his
girlfriend in Jarrow from 7.30pm-11.30pm. He admitted having previous convictions of
criminal damage in 2014, out of a relationship dispute. However, it had been committed
because he was drunk and had served his fair sentence.
 LEGAL ISSUES:

Burden of Proof:

 On the Prosecution

Standard of Proof:
Beyond Reasonable doubt.

Statute:

s.9 Theft Act 1968 – Domestic Burglary

(1) A person is guilty of burglary if—

(a) he enters any building or part of a building as a trespasser and with intent to commit any
such offence as is mentioned in subsection (2) below; or

(b) having entered any building or part of a building as a trespasser he steals or attempts to
steal anything in the building or that part of it or inflicts or attempts to inflict on any person
therein any grievous bodily harm.

(2) The offences referred to in subsection (1)(a) above are offences of stealing anything in the
building or part of a building in question, of inflicting on any person therein any grievous
bodily harm... therein, and of doing unlawful damage to the building or anything therein.
 CROSS-EXAMINATION:

Background

Name – Arthur Hastings

Age – Over 18

Occupation – Unemployed

Date of offence – 22ng November 2017

Time of offence – Approximately 10pm

Location of offence– 35, Rubens Court, Hebburn

Phase 1: Addressing Gifts

 You met Ms Connor on February 2016

 A few weeks after you met her, you told her you lost your job
 She invited you that point to; move in with you
 You lived with Ms Connor for approximately 20 months
 During that time she was working as a sales manager,
 She let you live in the flat rent free,
 And she paid all the outgoings,
 You promised her you’ll paid her some of the outgoings once you got a job
 December 2016 – she bought you a television
 She also bought a laptop in January 2017
  She did not explicitly tell you they were gifts
 She never told you they were gifts
 That’s because they weren’t gifts

Phase 2: Verbally Abusive

 You actually spend most of your time in the flat playing computer games
 And you watched sports, on the television when she was out working.
 It was quite a comfortable life you’ve got
 Summer 2017 – The relationship started to break down
 You were getting quite jealous
 Jealous that she had a life outside of the flat
 You were actually quite possessive, and abusive
 You called her things like Slapper, Slag,
 and she got fed up you were staying in her flat
 Fed up that You were abusive
 So she decided to end the relationship
 When she ended the relationship you called her a STUCK UP COW
 And called her a FUCKING SLAG,
 When you were kicked out of the flat on November 2017, you told her “I’LL GIVE
YOU 2 WEEKS AND YOU’LL BE BEGGING ME TO COME BACK”
 On the 20th of November, Mr Green moved in with Ms Connor
 And you weren’t being very happy with that

Phase 3: Previous Inconsistent Statements

 Remember providing the police a statement at the 22nd of November 2017

 Could the usher provide the witness with a copy of that
  During the police interview, at PG 16, 7m ‘ THEN WHEN YOU FOUND OUT
THAT SHE’D MOVE HER NEW PARTNER INTO THE FLAT YOU WERE
EVEN MORE FURIOUS?’
 To which your reply was ‘WELL I WASN’T EXACTLY OVER THE MOON.
NOBODY WOULD BE. SHE DIDN’T WASTE ANY TIME MOVINGN THE
TOSSER IN DID SHE?’
 You didn’t sound like you were very happy with him moving in (does it)
 You were being very angry about it
 You actually went around her flat weren’t you on the 21st of November
 You went there because you found out that he moved in
 And you described that she was very happy to see you,
 And that she grabbed you and kissed you
 And that she asked you to come back to her
 That’s not how it happened was it, Mr Hastings.
 If I can refer you to your police interview in PG 16, 3rd Paragraph from the bottom,
you said ‘AS SOON AS SHE SAW ME AT THE DOOR, SHE STARTED
SHOUTING AND SWEARING AT ME TO GO AWAY, OR SHE’D PHONE YOU
LOT. SHE’S A TOTAL NUTTER’
 That was very different from what you told the court a few moments ago.
 That’s because you’re lying
 In fact you turned up in the house that day, because you couldn’t stand the thought of
Mr Green using the laptop,
 Or using the television

Phase 4: Pulled the trigger

 As soon as you turn up you said, ‘I’LL NOT LET THAT FUCKING BASTARD
GET HIS HANDS ON THEM’
 And you starting to be abusive
 And you called her a FUCKING COW
 And you also said ‘DON’T THINK THIS IS THE END OF IT. YOU’RE GOING TO
REGRET THIS YOU FUCKING SLAG’
 You like calling Ms Connor a SLAG
  As a result of that you went around to her flat on the 22nd of November
 You went around because you wanted to get a revenge on her
 And you knew that Ms Connor would leave the flat that night
 You broke into her flat to trash it,
 And you overturned the furniture,
 Smashed the mirrors,
 Slash the Sofas open, and chairs,
 And smash the television and the laptop
 That’s because you couldn’t stand the thought of Mr Green using it, WI
 And then you went to the bedroom,
 You slashed the mattress,
 Slashed the bed covers,
 And you scribbled the word SLAG on the wall
 Because you liked calling Ms Connor a SLAG

Phase 5: Previous Convictions

 It is right, isn’t it that you have 2 previous convictions on burglary.

 So it is fair to say that you don’t have any problems breaking into other people’s house,
 You also have a conviction for criminal damage
 The circumstances of that convictions, that you keyed your ex-girlfriend’s car, and
slashed all her tyres
 It is fair to say that you don’t handle breakups really well; do you?
 In fact you said a while ago ‘THE CRIMINAL DAMAGE CAME ABOUT BECAUSE A
GIRL I FELT DEEPLY ABOUT FINISHED WITH ME’
 You felt deeply as well about Ms Connor;
 That’s why you decided to trash her flat,

Phase 6: Identification

 And you left her flat approximately 10.30pm,

 You were arrested at about 11.40pm
 When you were arrested you were wearing Adidas top
 Wearing blue Jeans,
 And wearing black trainers,
 And at the time your hair was dark and shoulder length,

Phase 7: No Comment

 Mr Hastings, in your evidence with my learned friend you suggested that between 7.30pm
to 11.30pm you were with your girlfriend in Jarrow
 Can I turn to your police interview again, PG 17, 2nd Para from the bottom of the page,
2nd Paragraph
 The police asked you where were you between 9pm and 11pm last night
 And you answered no comment
 That’s because you haven’t had the chance to come up with an alibi
 You were lying in the evidence you gave to the court