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Closing Speech Notes

BPTC Law Notes > Criminal Advocacy Notes

This is an extract of our Closing Speech document, which we sell as part of our Criminal Advocacy Notes collection written by the top tier of City Law School students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Criminal Advocacy Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

CLOSING SPEECH DEFENCE COUNSEL KEVIN HIGGINS Ladies and gentlemen of the jury, It is now for me to address you on behalf of the defendant, Mr Kevin Higgins. Much of the evidence concerning the events of the 10th December is in dispute and it is your function to decide who you believe. There is no dispute that a white envelope containing 20 ecstasy tablets was found in the car. The issue for you, is to decide whether the Defendant had knowledge that he was in possession of the envelope. As ever, it is not for the Defendant to prove his innocence, it is for the Prosecution to prove his guilt. And the Prosecution has to make you sure of his guilt before you can convict, as his Honour will direct you in due course. Mr Higgins doesn't have to prove that he did not have knowledge that he was in possession of ecstasy , It is for the prosecution to make you sure the Defendant had knowledge of possession. Put another way, to convict Kevin Higgins, you must be sure, beyond any reasonable doubt that he did have knowledge of the envelope at the back of his car. Whether the Defendant had knowledge in all the circumstances is a matter for you. There are certain instances where it is clear to prove knowledge, for example when someone carries drugs on his jacket, or pocket. But in between there are vast areas of grey, and that is what you are here to decide. Kevin Higgins is a man aged 25 years, with a steady job as a mortgage clerk. He is a man of impeccable character, with no convictions recorded against him, yet he stands charged with an offence of drug possession with intent to supply, that is quite out of character. His good character does not avail him of a defence, but as his Honour will direct you it is something that you will put into the balance and to which you will give importance as it demonstrates that both he is a man worthy of belief and that he is a man unlikely to have acted in the way alleged. You ve had the opportunity of both seeing and hearing the Defendant and Codefendant in this case in the witness box. It is no coincidence that the witness box faces you.

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