§ 217 — Contents of Case for the Defence

217.—(1) The Case for the Defence must contain —(a)

a summary of the defence to the charge and the facts in support of the defence;

(b)

a list of the names of the witnesses for the defence;

(c)

a list of the exhibits that are intended by the defence to be admitted at the trial; and

(d)

if objection is made to any issue of fact or law in relation to any matter contained in the Case for the Prosecution —(i)

a statement of the nature of the objection;

(ii)

the issue of fact on which evidence will be produced; and

(iii)

the points of law in support of such objection.Illustration 1

A is charged with robbery. The summary should state the nature of the defence, the facts on which it is based (for example, that the victim gave the items to A voluntarily) and any issue of law which A intends to rely on (for example, that A’s act did not amount to robbery as the elements of that offence were not made out, or that a general exception in Chapter 4 or right of private defence in Chapter 4A of the Penal Code 1871 applied in this case).

Illustration 2

The accused, A, intends to challenge, at the trial, the voluntariness of A’s statements made to the police which statements are intended by the prosecution to be admitted as part of its case. A must specify which of the statements A intends to challenge and the facts that A intends to rely on to support A’s challenge.

[15/2019]

(2) Despite subsection (1), an accused who is not represented by an advocate need not state any —(a)

objection to any issue of law in relation to any matter contained in the Case for the Prosecution; or

(b)

point of law in support of any objection raised by the defence.

—(1) The Case for the Defence must contain —(a)

a summary of the defence to the charge and the facts in support of the defence;

(b)

a list of the names of the witnesses for the defence;

(c)

a list of the exhibits that are intended by the defence to be admitted at the trial; and

(d)

if objection is made to any issue of fact or law in relation to any matter contained in the Case for the Prosecution —(i)

a statement of the nature of the objection;

(ii)

the issue of fact on which evidence will be produced; and

(iii)

the points of law in support of such objection.Illustration 1

A is charged with robbery. The summary should state the nature of the defence, the facts on which it is based (for example, that the victim gave the items to A voluntarily) and any issue of law which A intends to rely on (for example, that A’s act did not amount to robbery as the elements of that offence were not made out, or that a general exception in Chapter 4 or right of private defence in Chapter 4A of the Penal Code 1871 applied in this case).

Illustration 2

The accused, A, intends to challenge, at the trial, the voluntariness of A’s statements made to the police which statements are intended by the prosecution to be admitted as part of its case. A must specify which of the statements A intends to challenge and the facts that A intends to rely on to support A’s challenge.

[15/2019]

(2) Despite subsection (1), an accused who is not represented by an advocate need not state any —(a)

objection to any issue of law in relation to any matter contained in the Case for the Prosecution; or

(b)

point of law in support of any objection raised by the defence.