The Law - a summary

You will find the main legal concepts outlined in the draft Sheriff's charge and in the draft speeches to the jury - which are with your case papers (below). Please read them to help you prepare.

In this particular case, no question need arise in relation to whether a crime has been committed by someone. There is no doubt that if Goldilocks intentionally broke Baby Bear’s chair that would be the crime of malicious mischief

If, in a real court, the Sheriff was to give a definition of the crime of Malicious mischief it would probably be something along the following lines:-

"Malicious mischief is the crime of damaging or destroying the property of another or interfering with it to the detriment of the person who owns it or who is in possession of it.

The Crown must prove that the damage, destruction or interference was carried out wilfully or recklessly - in other words that it was done by the accused either deliberately or (viewed objectively) was done by him with an utter disregard for the consequences."

This summary simply illustrates the sort of language that might be used in a real court. It is not essential to use it for the purposes of MiniTrial.

You might wish to explain the main features along theses lines: -

The Crown has to prove either

(1) that Goldilocks intentionally broke a window with a brick or

(2) that Goldilocks sat forcefully on Baby Bear’s chair and when she did so she deliberately failed to stop and think out what the obvious consequences of doing that might be.

Precognitions - prosecution witnesses

Prosecution Witnesses

Papa Bear

Mama Bear

Baby Bear

Crown witness No 1

Papa Bear

Age unknown, residing at The Cottage. Father.

I live in the forest in the cottage with my wife, Mama bear and my child, Baby bear.

We have lived there got many years.

We have never had any trouble with humans before. We live quietly.

Saturday 20 June was a warm sunny day.

We always like to go for a walk before breakfast. My wife prepares everything before we leave so that it will be ready for us when we return.

I do not know how long we walked that day. We saw no one else when we were out.

We do not lock our cottage door. We live in a safe area. We have never had anyone come into our house before. Baby bear does not have friends who are humans.

When we came back to the house I saw that the door was open.

I went inside and saw that someone had eaten a little of my porridge. Baby bear’s porridge had been eaten up.

I went into the living room and saw that someone had been sitting on my seat. Baby bear’s seat was completely broken.

I went into the bedroom and saw someone had been sleeping on my bed. There was a girl still asleep on Baby bear’s bed.

I can identify the girl. She is sitting over there (points to Goldilocks).

Crown witness No. 2.

Mama bear,

Age unknown, residing at The Cottage. Mother.

I have lived in this cottage for many years.

I like to keep my cottage clean and tidy. Papa Bear paints our cottage every year. We like to think it is the prettiest cottage in the forest.

Saturday 20 June was a beautiful day. We have always gone for a walk before breakfast.

We were walking for about 20 minutes. Baby bear cannot walk for as long as Papa bear and I can.

I can’t remember seeing anyone on our walk.

When we got back to the cottage Papa Bear noticed that the door was open.

All the bowls of porridge had been touched, but Baby bear’s bowl was empty.

All our seats had been sat on, but Baby bear’s seat was broken.

Someone had been on all our beds. There was a little girl still on Baby bear’s bed.

I don’t think I had ever seen her before, but I might have.

Baby bear has some human friends and she might have been one.

I can identify her. She is sitting over there (points to Goldilocks)

Crown witness No. 3

Baby bear

Age unknown, residing at The Cottage. Baby.

I was out walking with my papa and mama.

I don’t remember what day it was.

I don’t remember what date it was.

My papa does not like me to play with girls and boys. He thinks I should play with other bears.

My mama knows I sometimes play with girls and boys.

I sometimes ask them to come and play, when my papa is not there. They come into my house without knocking.

This girl is not one of my friends.

I do like porridge. I wouldn’t ask anyone else to eat mine.

I don’t think my seat is too babyish. I wouldn’t have like anything to happen to it.

Date: 2015-12-11; view: 675