Guilty or delinquent clients Flashcards
Rule 79 - Lies, falsification, suppression
Barrister who, as a result of information provided by client or a witness called on behalf of client, is informed by client or by witness during hearing or after judgment or decision is reserved and while it remains pending, that the client or a witness called on behalf of the client: (a) has lied in a material particular to the court or has procured another person to do so or (b) has falsified or procure another person to falsify a document that has been tendered or (c) has suppressed or procured another person to suppress material evidence where there was a positive duty to make disclosure to the court:
● Must refuse to take any further part in the case unless the client authorises the barrister to tell the court.
● (if they do, promptly inform court)
● If not, don’t tell the court about the lie etc.
Rule 80 - Guilty confession, maintains NG plea
(continue; falsely suggest; affirmative case; put the P; evidence; legally NG; otherwise NG; cease if denies guilty/asserts innocence)
● (a) Should (subject to the belw and only 2 the belw) continue to act in client’s defence
● (b) Can’t falsely suggest someone else did it
● (c) Can’t set up an affirmative case inconsistent with the confession
● (d) Must ensure the prosecution is put to its case
● (e) May argue that the evidence as a whole does not establish guilt
● (f) May argue that for some reason of law the client is not guilty
● (g) Can argue for any other (not prohibited) reason that client is not guilty
● (h) Must not continue to act if client insists on giving evidence denying guilt or requires statement asserting the client’s innocence.
Rule 81 - Intention to disobey court order
+ 82 safety
● (a) Must advise against that course and warn of its dangers
● (b) Must not advise how to do it or conceal it
● (c) Must not inform the court or opponent of client’s intention unless:
○ (i) Client has authorised; or
○ (ii) Believe ORG client’s conduct constitutes a threat to any person’s safety (Rule 82: and if so can advise police etc.)
