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Legal Argument Paper

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Management
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Saudi electronic university
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IN THE CROWN COURT AT BIRMINGHAM
BETWEEN
THE QUEEN…………………………………………………………..Plaintiff
V
DUNCAN MOORE AND DAVID PARKER………………………………..Defendants
SKELETON ARGUMENT ON BEHALF OF THE PLAINTIFF
ROLE (1)
Legal Argument
1. The trial judge in the case between The Queen v Duncan Moore & David Parker [2020]
where the defendants have been charged with murder contrary to the common law case of
Moloney needs to admit evidence of Duncan Moore’s bad character. The reason for this
is that the bad character will help prove that Duncan Moore’s previous counts of crimes
and certified witness statements will help convince the court of his men’s rea proving the
guilty charge of his role in the death of Simon Chapman with the combined efforts of
David Parker. Admission of Duncan Moore’s bad character will help establish a pattern
of crime.
Submissions
2. THAT Duncan Moore was charged with common assault three years ago at the
Edinburgh Youth Court where he paid a £150 fine amounts to ‘relation to the offence
charged which in the R. v McNeil [2017] was held that “the words of the statute ‘has to

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do with’ are words of prima facie application,” which should be interpreted “as
embracing anything directly relevant to the offence charged, provided at any rate that
they were reasonably contemporaneous with and closely associated with its alleged
facts.”
3. THAT Duncan Moore received a written police caution two years ago for stealing two
cans of beer which fulfils the legal principle established in R V. Edwards where
'allegations that have never been tried, on the ground proceeding would amount to a stay
of process, may be viewed as bad character. The same could also be viewed as
reprehensible behavior as held in R v Marsh [1964] where conduct akin to an offence, but
does not amount to one technically or is unlikely to be prosecuted would be viewed as
reprehensible behavior.
4. THAT there exists a similarity between Duncan Moore's current murder charge and that
of common assault that he was charged with three years ago which satisfies propensity to
commit offences of the same kind: three ways in according to s 103(2) of the Criminal
Justice Act of 2003
5. THAT the admissibility of bad character evidence in criminal proceedings is governed by
Part 11 of the Criminal Justice Act 2003, section 98 to 113. According to s98, bad
character 'references…to evidence of a person'sbad character are references to evidence
of, or a disposition towards, misconduct on his part other than evidence which
(a) Has to do with the alleged facts of the offence with which the defendant is charged, or
(b) Is evidence of misconduct in connection with the investigation or prosecution of that
offence.’

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IN THE CROWN COURT AT BIRMINGHAM BETWEEN THE QUEEN…………………………………………………………..Plaintiff V DUNCAN MOORE AND DAVID PARKER………………………………..Defendants SKELETON ARGUMENT ON BEHALF OF THE PLAINTIFF ROLE (1) Legal Argument 1. The trial judge in the case between The Queen v Duncan Moore & David Parker [2020] where the defendants have been charged with murder contrary to the common law case of Moloney needs to admit evidence of Duncan Moore’s bad character. The reason for this is that the bad character will help prove that Duncan Moore’s previous counts of crimes and certified witness statements will help convince the court of his men’s rea proving the guilty charge of his role in the death of Simon Chapman with the combined efforts of David Parker. Admission of Duncan Moore’s bad character will help establish a pattern of crim ...
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