ABSTRACT

The next levels require you to have identified facts and evidence which has been selected from the statements. These were hinted at in Figure 7.28, above, which annotated the witness statements. Go back to the statements and remind yourself what they said. Do you already have a good idea of what is at issue at the level of fact and evidence? What should be put under item 5? This indicates the mens rea. What might you as a prosecutor be looking for? What might you as the defence be looking for? The arrows have now been placed on the chart and symbols for belief and uncertainty. Now look at Figure 7.32, below, which has a number of interim probanda (items 6-26). Did you notice most of these when you first checked the statements? As can be seen the main areas of uncertainty concern PP 2 and 5.