2

QUESTION 1

Peter had been arrested and charged with the offence of larceny. All
procedures with regard to his arrest and caution had been observed. When he
was in the cell at the police station he asked the police officer if he could get bail.
The officer indicated that he did not have the authority to grant bail.
Due to several other persons needing to be processed at the police
station, Peter was left in his cell for 48 hours. He was then taken before the
magistrate. The magistrate called upon Peter, read the charge to him and asked
him how he pleaded. Peter pleaded not guilty to the offence.
Peter again asked for bail but the magistrate denied him bail. The
magistrate said nothing else to Peter. The matter was adjourned to the following
week and Peter was remanded to Her Majesty’s prison.
Peter has written to you from the prison and wants to know if all that
transpired with regard to his matter was in accordance with proper practice and
procedure.
Advise Peter.

QUESTION 2

During his trial for the offence of rape, Paul interrupted the judge twice
while the judge was speaking to the jury. On each occasion the judge warned
Paul that he needed to be quiet. The judge had Paul removed from the
courtroom after Paul had interrupted him for the third time.
The next day Paul refused to attend his trial and stayed in the cell at the
police station. The judge proceeded with the trial in his absence. Mr. Snape,
attorney for Paul, cross-examined several witnesses for the prosecution and
made several objections to the admission of evidence from the prosecution.
On the next day of the trial, Paul attended court and the trial proceeded to
completion. All practice and procedure was observed. Paul was convicted and,
after due process, was sentenced to seven years in prison.
Paul does not believe that he has had a fair trial since he was not present
for two days and he did not get a chance to hear all the evidence against him. He
also does not believe that his attorney had the authority to attend the trial without
him and to cross-examine witnesses.
Paul has written to you from prison and wants your advice on these
issues.
Advise Paul.
TURN OVER
QUESTION 3
__________________________________________________________________
EDLS – Criminal Practice & Procedure – August 2009 Examinations
 3

Hermoine is sixteen years old. Two weeks ago she went into the local
grocery store and stole several items. She was duly arrested and charged with
the theft of these items. At the local police station Hermoine was placed in the
same cell as several adults.

Later that day Susan, Hermoine’s mother, came to the police station and
asked if her daughter could be given bail. This request was refused by the officer
in charge of the station.

The next day Hermoine was taken before the juvenile panel. Mr. Snooks
appeared for Hermoine. The magistrate in charge of the panel determined that
the matter ought to be tried indictably and decided to send the matter to the
regular summary court to be dealt with there. Mr. Snooks objected to this course
of action. The magistrate indicated that she would still send the matter to the
regular summary court and she proceeded to do so. She adjourned the matter
and remanded Hermoine to the home for juvenile delinquent girls.

Mr. Snooks is an attorney in the firm where you are doing your in-service
training. He has passed the file to you for your opinion on all that has transpired
in the matter, from arrest to the remand.

Give Mr. Snooks your opinion.

QUESTION 4

Gandalf was on trial in the Supreme Court for the offence of murder.
During the course of trial Mr. Snape, who appeared for Gandalf, referred to the
prosecutor as an attorney who was a stranger to the truth. He also referred to the
trial judge as someone who ought to recuse himself from the trial. He said that
the judge is known as a “hanging judge”, that is, a judge that is known to have a
leaning to the prosecution.

The trial judge, Mr. Justice Smith, told Mr. Snape to desist from his
remarks and to take his seat. Mr. Snape replied that it was just as he had
expected from a “hanging judge” and that he did not expect his client to get a fair
trial.

Attorney for the prosecution rose and asked that the matter be adjourned
so that he may be able to prepare remarks to the jury on what Mr. Snape had
said to the trial judge. The trial judge refused to do so.

TURN OVER
In his closing address to the jury, attorney for the prosecution referred to
Gandalf as someone from whom society ought to be protected. He urged the jury
__________________________________________________________________
EDLS – Criminal Practice & Procedure – August 2009 Examinations
 4

to convict Gandalf and send a strong message to would-be killers that the law
was going to deal with them. The trial judge did not stop prosecution attorney.
Gandalf was convicted of the offence and, after due process, was
sentenced to prison for life.
It is now two weeks later and Gandalf has written to the firm where you
are doing your in-service training. He does not believe that he had a fair trial and
wants your opinion as to his chances of a successful appeal.
Advise Gandalf.

QUESTION 5

Beowulf was before the Supreme Court for the offence of wounding
occasioning bodily harm. When the time came to select the jury Beowulf’s
attorney, Mrs. Singh A. Sung, rose to challenge a female whose name had been
called. The judge stopped her and told her that because the jury pool was so
limited he would not allow her to make any more challenges. She had already
exercised ten peremptory challenges. Mrs. Sung objected to this course of action
and asked that it be noted on the record.
A jury was finally selected and the trial commenced. During the course of
trial, the clerk of the court noted that juror number 4 had his mobile phone. He
saw the juror chatting on it during the tea break.

He reported this to the judge. The judge conducted a full inquiry into the
circumstances and at the end of the inquiry determined that no harm had been
done. The judge took the mobile phone from the juror but allowed him to continue
to sit as a juror.
Beowulf was convicted of the offence and duly sentenced. All practice and
procedure with regard to his sentencing was observed.
One week after sentencing, juror number 5 came forward to say that he
did not agree with the verdict of guilty as given by the foreman of the jury.
Beowulf has written to you from prison. He wants to know if all that
transpired at his trial was according to proper practice and procedure and his
chances of a successful appeal.

Advise Beowulf.

TURN OVER

QUESTION 6

__________________________________________________________________
EDLS – Criminal Practice & Procedure – August 2009 Examinations
 5

Paul was at a revival meeting where he was preaching the word of God.
Several persons in the audience did not like what he was saying and decided to
set upon him and beat him. One of the antagonists, Mark, handed his coat to
Stephen and told him to hold it while he beat Paul.
The police were called to the scene and arrived while the fracas was
taking place. Several of the antagonists ran off but the police arrested Matthew,
Mark and Stephen. All three men were charged with the indictable offence of
wounding occasioning bodily harm.
Stephen has visited your office to consult you on the merits of his being
joined in the charge. He wants to know whether what has been done by the
police is in accordance with proper practice and procedure. He also wants to
know whether he can be tried separately from the other accused persons.
Advise Stephen.

QUESTION 7

Snowy was before the summary court for the offence of wounding Peter
Pan. When Snowy appeared before the magistrate, the magistrate read the
charge to him and asked him how he pleaded. Mr. Tintin, who appeared for
Snowy, rose to his feet and said, “Your worship, my client pleads not guilty to this
offence.” The magistrate entered a plea of not guilty for Snowy.
During the course of trial, after several witnesses for the prosecution gave
evidence and were cross-examined, Snowy rose and indicated that he wished to
change his plea to one of guilty. The magistrate allowed this. Before sentence,
the magistrate put the allocutus to Snowy. Snowy said that he hit Peter because
Peter hit him first. The magistrate then refused to accept the plea of guilty and
continued with the trial.
At the end of the trial, the magistrate found Snowy guilty of the offence.
The magistrate proceeded to duly sentence Snowy to three months’
imprisonment. He also ordered Snowy to pay compensation to Peter Pan in the
sum of six hundred dollars.
One week after being sentenced Snowy wrote to you. He wants your
advice as to whether all that transpired during his trial was in accordance with
proper practice and procedure. Further, he asks for your advice as to whether his
sentence should have been more lenient since he had tried to plead guilty.
Advise Snowy.
TURN OVER

QUESTION 8

__________________________________________________________________
EDLS – Criminal Practice & Procedure – August 2009 Examinations
 6

Niles was at his job at the radio station sorting out some papers when
Fraser and Roz came in. They proceeded to beat Niles and robbed him of his
wallet containing several hundred dollars. They also stole his gold chain and gold
ring together valued at twelve thousand dollars.

As they exited the building, they saw Daphne driving by in her new
Mercedes Benz. They jumped into the car. Roz hit Daphne several times in her
face. She then took out a gun and shot Daphne in her leg. Fraser shouted to
Roz, “Where did you get that gun from? I did not come to shoot anyone. I just
wanted some quick money for the big concert this weekend!” Fraser and Roz
took control of the vehicle and drove off with Daphne bleeding in the back seat.

Several pedestrians, who saw Fraser and Roz hit Daphne and drive off in
her car, called the police. Fraser and Roz were arrested two blocks away. All
procedures with regard to their arrest were duly observed by the police.

You are doing your in-service training at The Office of the Attorney- General
and the file has been passed to you.

1. Draft the voluntary bill of indictment against Fraser and Roz.

2. Give reasons for indicting as you did.

******************************

__________________________________________________________________
EDLS – Criminal Practice & Procedure – August 2009 Examinations