Assisting the Court

“You may be representing the prosecution but you are first and foremost an agent of justice. That may sound pompous. That may sound an unrealistic ideal. When it comes to sentence, it should be at the forefront of the mind of the prosecution advocate. “

A view from the North

When I was in my pupillage I witnessed an exchange between my pupil master and a Judge. My pupil master was prosecuting a sentence. The Judge asked him to identify the features of the offence that aggravated the sentence. My pupil master declined and instead indicated that he was in a position to identify those features which were capable of aggravating the sentence, whether they in fact aggravated the position was a matter for the Court. The Judge was bad tempered, he responded that “if Counsel was not prepared to help me by identifying which features did aggravate the sentence then you may as well sit down”. My pupil master resumed his seat.

I learnt many valuable lessons in pupillage, not the least of which were some of the best places for lunch near to each of the courts on circuit. The exchange above was one such valuable lesson. Sentence…

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