PROCEDURE FOR PREPARING A TRIAL PLAN/CASE THEORY

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CASE THEORY/TRIAL PLAN

A case theory is an aggregate of facts that have come to one as a legal practitioner. This is looking at facts and deducing facts favourable to the line of argument one intends to pursue.

This is identified from statements of the accused and potential witnesses (unlike in a civil case where theory of the case is determined via the pleadings), charge sheet, proof of evidence, and reports of scientific investigation.

A trial plan is a means by which one’s theory of the case can be determined. It is akin to a strategy and guide that serves the purpose of achieving the theory of the case. The strategy which counsel wishes to use to achieve the set goal of either prosecution or defence determines a trial plan.

Once a counsel is certain about what his case entails, it is advisable to draw up a trial plan. An effective way of translating a trial plan into writing is to draw up a chart containing the most important or key points of the plan.

The relationship between case theory and a trial plan is that the trial plan is a means by which one’s theory of the case can be achieved, that is, the means to the end. Thus, the trial plan should ideally not be inconsistent with the theory of the case.

PROCEDURE FOR PREPARING A TRIAL PLAN

For example, preparing a trial plan for the defence using conspiracy and murder –

1.      The first column on your chart should be allocated to the charge. Within it, attempt a concise definition of the offences of conspiracy and murder.

2.      The second column should indicate the law – both statutory and case law – which defines the offence, delimits its scope and furnishes the ingredients as well as the defence.

3.      The third column should deal with likely evidence for the prosecution and for the defendant. The aim of this column is to weigh or gauge the relative strength and weakness of your case.

4.      The fourth column should deal with should deal with matters which you wish to emphasize at address stage, barring the sudden occurrence of the unexpected, like the prosecution introducing a witness not named in the indictment but whose evidence is none the less devastating. Or, if a prosecutor, there should be fall back option should the defence succeed in doing some damage in cross-examination. (click on any picture on your right or left for more insight)

A TRIAL PLAN BASED ON ENE AGBO SCENARIO

OFFENCE	INGREDIENTS	LAW	EVIDENCE	PENALTY	PRAYER	REMARKS
Assault	Apprehension of using criminal force against the victim Apprehension of fear or criminal act	S. 265 Penal Code	Medical report Oral evidence of the victim Confessional statement of the accused	3 years imprisonment	Accused should be convicted
Theft	Taking that which is capable of being stolen. Taking with dishonest intent	S. 287 Penal Code	Testimony of the victim of the crime The 20,000 recovered from the accused as exhibit Evidence of the IPO.	5 years imprisonment	Accused should be convicted
Rape	Lack of consent Penetration	S. 283 of Penal Code. Majekodunmi v. R, R v. Malory	Medical evidence Torn clothes of the victim Oral testimony of the victim	Life imprisonment with fine	Accused should be convicted	Fall back o back to indecent assault if no if no penetration is is is proved.