Summary of Facts

Question 1

What is the purpose of including the Defendant’s Explanation in the summary?

Answer 1

This makes sure the Judge is aware of the defendant’s side of the story. It also makes sure that the Judge is aware of ‘WHY’ something happened. There is a difference between losing your temper and a premeditated act.

Question 2

What is the purpose of including a reference to previous appearances before the Court?

Answer 2

When sentencing, the Judge will need to know the character of the defendant. This is achieved by telling the Judge that the defendant has previous convictions and then producing the list of those convictions.

Question 3

Where does the defendant’s name appear in the summary, and how is he reffered to thereafter?

Answer 3

Only in the first paragraph. Thereafter they reffered to ‘the defendant’ or ‘he/she’.

Question 4

What six paragraphs make up a Summary of Facts?

Answer 4

Introduction (when necessary - introduce the parties involved e.g. they are not known to eachother)
1. Circumstances: time, date, name of defendant, place.
2. What happened? Why did it happen? How did it happen?
3. The result or consequence of what happened e.g. Injuries to the victim
4. Defendant comments
5. Any previous appearances in court by the defendant
6. Reparation/Orders