CMA Analysis / Marking Criteria

Question 1

Examples of Crime CMA Question - what points/information to look out for
- What are the legal issues?

Answer 1

1. Identify relevant facts
   - elements of the offence which the prosecution needs to prove (set out the Crime Underlying offence elements)
   - any defences on the facts?
   - plea - set out options for client
   - evidence
   - sentencing

Facts which are not relevant:
- May be told the client is nervous about appearing before court: do NOT reference this explicitly. Instead, show awareness of this through email content and structure of advice (sub-headings / clear explanations)

Question 2

Important legal propositions are that common in Crim Lit questions

Answer 2

• What is the strength of prosecution evidence to prove each element of the offence charged?
• What is the evidence?
• Has the defendant confessed?
• Advise on plea, BUT the ultimate decision on plea is the defendant’s
• Are there are available defences? If not, advise that there are not