#13552 - Cross Examination Paul Carter - BPC Criminal Advocacy

MOCK - XX

PAUL CARTER

PREVIOUS CONVICTIONS

• Mr Carter you said a few minutes ago that you don’t go round hitting people. Is that correct?

• But this isn’t the first time you are in court is it?

• This isn’t the first time you've been in serious trouble is it?

• There was an incident wasn’t there on the 19th of March 2014?

• and it happened at a public place isn’t it?

• You just wanted to go home.

• And you've been spoken to by the police officer is that correct?

• You took objection to the way he was talking to you

• The police man didn’t attack you, did he?

• So because he was speaking to you you got upset and annoyed didn’t you?

• And you decided to punch him in the face.

• So you think that violence is justified when someone acts in a way that annoys you.

• So if you find yourself in a situation where you ‘re in danger of losing your temper you are in a real risk to those around you. Is that correct?

• You also were a real risk to the railway man weren’t you?

• He annoyed you.

• He didn’t physically attack you.

• But you lost it.

• And you assaulted him as well.

• On the incident we are concerned today, it was late wasn’t it?

• And you were in a public place.

• And you just wanted to get home.

• And you’ve been spoken by Jonathan Shaw.

• And he clicked his finger at you.

• And that got you upset and annoyed

• And you decided to punch him in the face.

HAND ON DOOR

• Mr Carter a few minutes ago you said that during the altercation, you had your back towards the front door.

• And you also said you had your hand on the door.

• That is less than one metre between you and the door isn’t it?

• There was no space for you to take a step back.

• And yet you say that when he came onto you, you stepped backwards.

• That is not what happened is it.

• He came on to you.

• And you punched him.

DRUNK

• Mr Carter, there is a bus stop approximately 30 metres away from the restaurant.

• And in the seating area of the bus stop there are some glass panels.

• And these glass panels are see-through.

• Next to the bus stop there are red markings.

• These markings indicate that cars cannot park in front of the bus stop.

• Therefore if someone is at the bus stop he has a clear view of his surroundings.

• After the police came, a woman approached.

• You did not recognise that woman.

• In fact, you had not seen her before.

• Therefore you did not know where she was before she approached.

• And you certainly did not know her position at the bus stop.

• When she approached, she was walking normally wasn’t she?

• And her behaviour was normal, wasn’t it?

• She did not misbehave.

• And she was cooperative with the officers.

• And therefore she did not appear drunk.

IDENTIFICATION

• Mr Carter when the incident happened your girlfriend, Helen, was still in the restaurant.

• She was finishing off the cleaning.

• So she was still working.

• She could not have been working in darkness, could she?

• And I made a note of what you said earlier, that you could see the left window of the restaurant and Helen was not there.

• You cannot see through darkness, can you Mr Carter?

• So the lights in the restaurant were still on.

• Lanchester High Street is a busy road, isn’t it?

• And it is a main road.

• And it has traffic on both directions.

• And there are many restaurants and shops on the sides of the road.

• And at night it is usually busy with cars and people.

• And there are streetlights in place.

• And therefore it not a dark road.

WORDS BY GIRLFRIEND

• After the incident, your girlfriend, Helen came out of the restaurant.

• She saw Jonathan Shaw lying on the floor.

• His face was covered in blood.

• And you were the only one at the scene.

• And she appeared quite shocked.

• And she said “What have you done?”

INCIDENT 1

• Mr Carter it is true isn’t it that you said to him “go home, you loser”.

• And he then came very close to you.

• And you said earlier that you pushed his shoulder with your left hand.

• And you are sure it was your left hand.

• Let me take you to your police interview Mr Carter, on the 4th page (pg 25), at the end of the page, when the police officer asks you if you are sure it wasn’t your right hand.

• It is true isn’t it that you replied “No, I’m not sure”

-> PREVIOUS INCONSISTENT STATEMENT.

• So you say you pushed his right shoulder with your left hand.

• Mr Carter I have to remind you that you are under oath.
  You understand what that means, that you’ve sworn to tell the truth?

• So I want you to take your time and think about this. Don’t rush into this and think about it.
  
  Are you certain that you pushed his right shoulder with your hand?

• Well I wonder if you could perhaps be shown a copy of the Defence statement you made on the 10th of February.
  If you could be provided with it.

• Have a look at that statement and check that that is your name on there, at the end of the statement

• You will see that it is signed and dated.
  Is that you signature there?

• And it is dated by you. It is dated the 10th of February?

• It is fair to say isn’t it that your recollection of events when you wrote that statement would have been clearer than they are now is that correct?

• What I would like you to do if you wouldn’t mind is have a look at that statement and look at the third bullet point of the third paragraph. Do you have the first...