Advocacy by David Ross

By David Ross

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There is a further disadvantage to bickering. 24 That is the last thing you want. I knew one counsel who regularly played the man, and lost cases apparently because the jury resented the personal attacks on his opponent. [3205] Good demeanour does not mean that you forsake firmness or even indignation when they are called for. However, your responses must be measured and deliberately chosen to advance your case. They must never reveal a lack of control. Chapter 4 Examination-in-chief Proof of the case [4000] Every case, civil or criminal, can succeed only if it is supported by convincing evidence.

What character has he borne during that time for honesty, morality or loyalty (according to the circumstances of the case)? 13 In R v Rowton14 the court said that this evidence of good character must be confined to evidence of good reputation. The case has been followed in the highest courts. Depending on the circumstances of the case, the questions might be as follows. Do you know the accused? How long have you known her? Do you know those who also know her? Are you able to speak about her reputation?

Level of detail [4025] The amount of detail in evidence-in-chief will depend on the need to explain to the fact-finder the aspects of the case that could not be common knowledge. For example, where a sexual offence is alleged to have taken place inside a house, the evidence-in-chief may have to explain the layout of the house. Where the evidence is of identification in a street at night, a description of the street and the position of lighting will be called for. Where the operation of a machine is at issue, some detail of that machine may need to be given about how it works and perhaps an explanation of some technical terms or jargon.

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