Assessment task details and instructions
The answer MUST be:
You are a criminal barrister for SBS Court.
You are instructed to advance written advice for your client Carolina Seville.
Advise Carolina Seville in writing, in respect of the following:
- An overview of the offence and whether this is applicable based on the facts. (20 marks)
- Your best advice as to what plea she should advance based on the strengths and weaknesses of the case, and the chances of such plea being accepted by the court. (20 marks)
- An explanation of the likely sentence starting point and range, applying, and drawing from the sentencing guidelines. (20 marks)
- Address and discuss any aggravating or mitigating factors. (20 marks)
- Discuss any other relevant sentencing steps and advise your client on the likely sentence after any further reductions. (20 Marks)
On 1st July 2020 Ms. Carolina Seville was made redundant from her job due to the Covid-19 pandemic. Ms. Seville attended her local pub, ‘The White Lion’ with her three closest friends, Ms. Lilly Rhodes, Ms. Miranda Parkes and Ms. Chelsea Lowden, to commiserate on 4th July. At approximately 11.15pm, after a number of drinks, Ms. Seville noticed her previous manager, Mr. Shimanto Ashraf, walk by the pub. It is alleged that Ms. Seville confronted Mr. Ashraf and caused deep cuts to his face. The injury was caused by Ms. Seville attacking Mr. Ashraf with a smashed glass in one strike. It is likely that Mr. Ashraf will be facially scarred for life as a result of the attack. Ms. Seville was later arrested and charged with GBH contrary to section 20 of the Offences Against the Person Act.
Mr. Ashraf is 47 years old and suffers from anxiety. He is now scared to go outside, particularly at night, and states that the attack has had a profound effect on his mental health. Mr. Ashraf is also deeply concerned about the facial scarring and the impact that this will have on his life.
Ms. Seville is 25 years old and has no dependents. She had been employed as a Call Centre Team Leader for an insurance company for 5 years before being made redundant. She has no previous convictions and has previously been of good character. She does admit to regular excessive alcohol consumption, due to the recent bereavement of her mother. She admits that her alcohol consumption has been amplified by the loss of her job and had been planning on seeking help for her alcohol addiction. Ms. Seville is extremely remorseful and states that she would never have committed the offence had she not been intoxicated, and in any event, she did not intend to cause serious harm to Mr. Ashraf.
There is no CCTV footage of the incident, however there are three key witnesses. Two support the victim’s version of events, however one witness strongly rejects the victim’s account. The glass used to injure Mr. Ashraf was recovered by police and DNA from both Mr. Ashraf and Ms. Seville was identified on the article.
Mr. David Brookes was driving past the pub at the time of the incident. He confirms that Ms. Seville began shouting abuse at Mr. Ashraf, and then launched an unprovoked attack using a glass that she smashed to carry out the attack. Mr. Brookes confirms that Ms. Seville struck the victim once before leaving the scene. He exited his vehicle to help the victim and rang the ambulance. Mr. Brookes states that he initially thought that the victim may lose sight of his left eye due to the location of the wound.
Ms. Chelsea Lowden was present at the time of the attack. She states in her witness statement that Mr. Ashraf threatened Ms. Seville and that she attacked him in self-defence. However, she does admit that she had been drinking and was ‘tipsy’ at the time.
Mr. James Freeman was the on-duty pub manager on 4th July 2020. He claims to have heard a female voice shouting at approximately 11.30pm. He rushed outside to see Mr. Ashraf bleeding profusely and Ms. Seville fleeing the scene.