A cut-throat defence arises where, during criminal proceedings, a defendant gives evidence on his own behalf and which is not only likely to strengthen the prosecution case but is designed to damage a co-defendant’s case to the extent that it may go as far as blaming the co-defendant whilst endeavouring to exonerate himself.
John Veale of Kangs Solicitors comments on this tactic.
Important Considerations | Kangs Criminal Defence Team
- Defendants accused of criminal activity frequently seek to place blame on other defendants to the same alleged criminal conduct with a view to avoiding liability.
- Each such circumstance requires detailed consideration of the surrounding events, the likelihood of the evidence which it is proposed to put forward being believed and the aim of the tactic being achieved.
- The general view of experienced criminal defence practitioners is that, more often than not, proceeding by way of such a defence is likely to fail, but if a defendant is adamant that such is the course of proceeding he wishes to follow, the possibility should not be lightly dismissed.
Potential Consequences | Kangs Crown Court Trial Team
- No matter how the evidence is given, a hostile atmosphere is likely to be created during the trial, with defendants accusing one another and particularly so where issues of bad character become a major consideration.
- The risk of the jury failing to believe any defendant engaging in such activity is perceived to be a high one.
- The pursuit of a cut-throat defence may lead to severance and a separate trial may be ordered. There are very technical evidential considerations that may arise which may be harmful to the result which the defendant wishing to pursue this form of defence is seeking to achieve.
How Can We Assist? | Kangs National Criminal Defence Solicitors
It is essential that a solicitor experienced in the technique of criminal defence is instructed as soon as possible at the start of any criminal investigation in order to ensure that the correct strategy is identified and followed.
Kangs Solicitors adopts a pro-active approach to the requirements of each client and if we can assist you, please do not hesitate to contact any of the following: