An Exercise in Advocacy
Sir, have you read the pre-sentence report and the addendum to the pre sentence report?
Sir, my client regrets the events of 16th of November and is aware of the seriousness of the offences. Indeed he is aware that this court may today be considering to take away his liberty as the offences may be of so serious a nature.
However, Sir, may I respectfully point out that my client has already effectively served a six week sentence as he has been remanded in custody for three weeks by the Justices. I am instructed to submit that those three weeks have been dreadful for my client. He has been crying on the phone to his children every single day, his children crying on the phone with him. Michele, my client's partner, states in her interview that the 'children need his father'. Sir, I respectfully ask that you refrain from punishing innocent third parties. Perhaps it is time to give my client a chance to reform his behaviour instead.
Sir, my client is charged with the possession of a Class A drug. Sir, my client entered a guilty plea at the first opportunity for which I respectfully ask you give him full credit. My client was disinhibited. The statement of the arresting officer, Julia Smith, shows that my client is very sorry for bringing the illegal substance in a family setting as he is aware of the danger it may pose with children being around.
My client's visit to his partner's house is aggravated due to a bail condition. I submit that this demonstrates poor judgment and reasoning on my client's behalf, rather than a premeditated defiance against this court. As you may be aware sir, Michele, the complainant, has told my client that she wishes to withdraw the injunction. This has led to a confusion regarding the status of the bail condition as my client's interview shows.
The offences may also be aggravated due to a suspended imprisonment sentence for 18 months imposed on my client on the 1st of June 2007. I only mention in passing sir that the offence is not of the nature of offending of concern to this court today as it was a theft offence.
On the night in question, my client was overwhelmingly concerned about his son, Michael, who had been involved in a fight. However it was a poor decision on behalf of my client to choose to visit his son in those circumstances. The pre-sentence report on page 3 states that my client has poor decision making skills. It is my submission that by gaining such valuable skill the risk of reoffending by my client would be reduced. By taking such approach this court would serve the public's interest, but also my client's as well as the victim's interest.
The pre-sentence report states on page 5 that my client's offending behaviour is directly linked to his drug misuses. The interview records indicate that such drug and alcohol misuse is linked with periods of unemployment. My client has shown to be able to hold long term employment and care for his children as evidenced by his wife's interview, Michele. He is currently not working, but Sir, you may wish to acknowledge the difficult circumstances my client finds himself in. He has injured his leg due to no fault of his own. My client states that drugs is a way for him to ease the pain, however the pre sentence report at the end of page 2 states that my client desires to abstain from drug misuse. Such difficulties may certainly not be resolved overnight and most probably not by sitting in a cell. My client has shown willingness to contact his GP, perhaps so that his doctor may give him legal prescription to allow my client to ease his pain so he does not have to resort to illegal drugs.
Heroin however is a very addictive drug. The pre-sentence report at the beginning of page 4 states that my client lacks any coping strategies and it seems he has no strategies in place at all to help him with abstaining from drug misuse. Such skills may be gained by my client's attendance to the Assisting Substance Related Offending Programme and so that my client may be fully rehabilitated the pre-sentence report suggests that my client attends the Bradford Drug Rehabilitation Programme.
However, the pre-sentence report at the end of page 2 questions my client's long term motivation to stop his drug and alcohol misuse. Sir, I simply point out that the author of the pre-sentence report states on page 2 paragraph 6 that my client was intoxicated at the time of the interview. Perhaps the fact that my client has now been considered by Ms Dorrington to be suitable for the Drug Rehabilitation Programme, as stated on the addendum to the pre-sentence report, would alleviate such reservations.
The reservations of the author of the pre-sentence report are evidenced by my client's non compliance with a community rehabilitation order imposed on the 8th of October 2006. In the first paragraph of page 4 the pre-sentence report states that the breach was due to a non attendance of a 'group work session designed to engage inappropriate gender behaviour.' However the breach of the community rehabilitation order was on Christmas Eve Sir. At the beginning of page 6 the pre sentence report states that the breach was due to contacting the complainant while on a bail condition and not by the non attendance to the group work session. At the end of page 5 the pre sentence report states that my client has engaged well with the probation authorities but was not given the opportunity to address inappropriate gender behaviour due to staff shortage.
More serious are the misgivings stated by the probation officer in the addendum to the pre-sentence report. Misgivings are stated due to my client's non attendance on the 10th and 14th of February and for being 2 hours and 45 minutes late on the 16th of February.
Sir, if you have before you the pre-sentence report, I respectfully ask you to turn to the last page of that report. Near the end of the report the author states that he has arranged a meeting with Felice Dorrington on the 16th of February at 11:45 AM. It also states that 'The defendant is currently on bail with a 'non contact' provision and a condition of residence at 13 Overstone Road Bradford.' The address on the addendum to the pre-sentence report is not 13 Overstone Road Bradford. Therefore my client never received the letters. Hence, I submit that my client has attended in a timely manner and dully cooperated with the probation authorities.
My client is charged with two more offences, Assault and Indecent Assault against his long term partner Michele. Sir, I merely point out that my client has had a difficult upbringing. In the last paragraph of page 3, the pre sentence report states that my client lacks insight regarding the effect that witnessing violence has on his children and is unable to see his partner as a victim. It is my submission that the Bradford Domestic Violence Programme would provide my client with such insight. It would also address my client's inappropriate attitudes towards the female gender and personal autonomy. This would greatly reduce the risk of reoffending by my client.
Sir, in summary therefore, it is my submission that my client regrets the offences of 16th of November and has pleaded guilty to all three offences. My client has already tasted custody hence perhaps now this court may wish to rehabilitate my client by addressing his drug misuse through the attendance to the Bradford Drug Rehabilitation Programme and Assisting Offending Drug Related Offences Programme. Also this court may wish to address my client's attitudes towards the female gender and his lack of insight that his violent behaviour has on his children through the attendance to the Bradford Domestic Violence Programme.
On page 5, the pre-sentence report classifies my client as a high risk to the victim but low risk to society. Sir, I submit that by imposing a community sentence this court would serve the public's interest and reduce the risk of reoffending by my client towards the victim by reforming my client's behaviour. These offences may certainly be considered to be serious enough to impose such a sentence.
