LAWS13013
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- Good morning John
- Good Morning Lillian, welcome back
- You have a new client today, I have read over the case and it does not look good for your client...
- Thank you for letting me know John. I will speak with the client later today and try to gain their understanding of the events
- A few hours later...
- Hi Cameron, it is nice to meet you. I have looked at your case in regards to your ex-wife's death.
- I understand what it must look like Lillian, the evidence against me is very damaging. But I would never intentionally harm my ex-wife.
- Okay Cameron, why don't we start by discussing exactly what happened the night that your ex-wife, Julia was killed.
- Okay, Lillian, on that night we had gotten into a very heated argument and we did both get violent towards each other.
- Many of your neighbours had reported hearing the fight and that it was very loud and intense. I must warn you that this does make you appear very suspicious.
- I am aware that the timing and severity of this fight does appear to be very convenient, but I did not murder my wife .
- Cameron, the police have also found traces of Julia's blood in the back of your car. Do you have any reason as to why there would be her blood in your car?
- No Lillian, I have no idea why my ex-wife's blood would be in the back of my car. I am not capable of murder.
- Okay, Cameron, I do need you to be completely honest with me. Is it possible that the fight went too far? Maybe Julia pushed you to a breaking point?
- Even if you did not intend on killing your ex-wife you are currently being charged with murder.
- What do you mean? I don't understand
- The police have charged you with murder. If you did kill your wife but did not intend to, we can try to prove that there was not intent which would mean only being charged with manslaughter
- Why would intent matter in this case?
- The intent is the essential element which differentiates murder from manslaughter...
- The penalty for a person convicted of murder is much higher in comparison to a person who is charged with manslaughter.
- So Lillian, if I am charged with murder but prove that I held no intention of killing my ex-wife then I will likely receive a lesser sentence because I will be charged with manslaughter instead?
- Yes, Cameron, that is correct.
- But if you are certain that you did not cause her death, we can try to rule you out as a suspect to get the charge dropped by proving that it was not possible for you to have killed your ex-wife.
- No Lillian, I would like to prove that it was manslaughter and not murder.
- Yes Lillian, that is correct. I am aware that the evidence against me is very strong. I do believe this is my best option.
- Okay Cameron, to confirm, you wish to plead not guilty to murder and guilty to manslaughter?
- Okay, Cameron I will begin to work on your brief and I will be in touch in relation to your case.
- Thank you.
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