Have you had an allegation of murder and/or assault causing harm made against you?
The South Australian criminal legal system, just like the rest of Australia, assumes that if two parties who are equally financially resourced and equipped are opposed to each other they will fight out their case, supervised by a Judge, in front of a jury of ordinary people who will decide the truth or otherwise of the allegations. This is the so-called adversarial model of justice.
The DPP (Director of Public Prosecutions) will use a skilled and senior barrister to prosecute you in a murder or assault trial – so what are you going to do?
So, if you are a charged with murder, or a serious assault causing some kind of harm, you are probably charged with a major indictable offence and will need to get geared up with competent lawyers because the Government, through the Office of the Director of Public Prosecution (the DPP), will be geared up and well-resourced to present their case against you.
An allegation of murder or assault is no walk in the park. You can anticipate the DPP lawyer will be very experienced and skilled in prosecuting assault or murder charges and will have solicitors and the full resources of the police investigators at their disposal.
Unless you elect to be tried by a Judge alone, sitting without a jury, you will have a jury of 12 ordinary people that decide, based on how the case is presented to them, what are the proven facts and whether or not you are guilty. What are you going to do?
It is not enough to rely on the presumption of innocence – it is better to do absolutely everything you can to prove your own case
Sure, there is a legal principle called the presumption of innocence! It is the prosecution that has to prove the case against you beyond a reasonable doubt and you don’t have to prove anything – right? If that is all you have as your defence then you are in serious trouble.
Selecting your own legal team is probably going to be the most important thing that you will do!
Selecting your own legal team is probably going to be the most important decision that you will make – this is serious.
Your defence team must aggressively probe and seek to weaken the prosecution case and importantly, your defence team must also robustly seek ways to prove your case. It is not enough to rely on the presumption of evidence. It is far better to do all you can to prove your own case.
We can pull together the best and cost effective legal team for you
The State is the adversary, not the person who has made the complaint. You need a team that will fight for your rights and aggressively present your own case.
I have significant experience to call upon in the criminal justice system and have acted in probably the longest criminal murder trial in South Australia history, commonly referred to as ‘the Snowtown Murders’ – you have probably heard of it or seen the movie.
Our hourly rate for time spent by a lawyer exercising legal skill or knowledge is less than the recommended court scale rate and certainly less than many other criminal lawyers, but we will fight hard for your rights and more importantly we struggle with you to establish your innocence. We will not simply rely upon the presumption of innocence to do the work.
Come and see me, Bill Morris, for a free first interview – see if you think we are a good fit for you.
The information published in this article contains general information of public interest only and is not intended to be, nor should be relied upon as, legal advice specific to the reader’s personal circumstances. Should you have a legal matter, please seek professional advice before acting or relying on this content.