You are a criminal defence solicitor. These are documents taken from the case file of Theodore O’Donovan who was charged with theft contrary to section 1 Theft Act 1968. He was initially refused Police bail but granted conditional bail following his first hearing at Prestown Magistrates Court. His trial was set for 2nd May 2015.
Document 1: Details the facts taken from Theodore in your first telephone interview with him.
Documents 2 – 5: Comprise Advance Disclosure of the prosecution’s case.
Document 6: Theodore’s comments upon the prosecution documents.
On 23rd March 2015 Theodore was brought back before Prestown Magistrates Court for breach of his bail conditions. He had been seen in Sparks & Mercers department store when his bail conditions included an exclusion from the shop and surrounding town centre.
Whilst discussing the case with his solicitor on 23rd March, Theodore decided to amend his plea and entered a guilty plea to the theft.
Theodore’s bail conditions were varied and he was released on further conditional bail. Sentencing was adjourned for the preparation of a pre-sentence report. The pre-sentence report (not reproduced in full for the purposes of this assessment but summarised in Document 7) is largely favourable.
Today the parties are attending at Prestown Magistrates Court to sentence Theodore. You must prepare your submissions for the plea in mitigation, based on all the information provided and bearing in mind the requirements of the Sentencing Guidelines Council. You must justify with reasons the recommendations for the sentence you will be seeking.
- You must submit in writing a balanced analysis of the sentence the magistrates are likely to impose. (This must consider the arguments of both defence and prosecution). (500 words)
- In the mock sentencing hearing, you must be prepared to put forward an oral submission in mitigation for the defence. Your oral presentation should be concise and not take any longer than 5 minutes.
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