A Lawyer’s Interesting and Embarrassing Experiences – Part 3
A question a lawyer is often asked is, “How can you defend a client when you know he or she is guilty?” The answer to that, of course, is that you can only know if a client is guilty if he admits it, and if he does admit it, then, of course, you cannot run a ‘not guilty’ plea – you can plead in mitigation, bringing to the attention of the court any circumstances that you think will help the court in determining the sentence to pass, but you cannot put forward a defence to the charge, because such a defence would be spurious. However, what about a situation where your client’s instructions show that an offence has, or may have, been committed, but it is not the offence that he has been charged with?