Evidence refers to a fact or observation made or presented insupport of an assertion. It can also be defined as anything acceptedby a court of law to prove or disapprove alleged matters of facts ina trial. Advocacy, on the other hand, is the act of arguing forsomething or someone. This paper will articulate the evidenceaccording to the scenario as presented in the case between OctaviusBloggs and his wife Patricia Bloggs advocate for them for justice tobe served accordingly.
According to section 47 of the Offences against the Person Act 1861,it is against the law to bodily assault someone as allegedlypractised by Mr. Bloggs to his wife. Mr. Bloggs is accused of pushinghis wife over the stairs as a result of spirited exchange over moneyissues. It is possible that the accused is at fault considering theinjury sustained by the victim, the fracture of her wrist. Accordingto physics and science at large, for a fracture to occur, a body musthave been subjected to some force which when brought to a sudden stopcauses it. So, Mr. must have pushed his wife for her to get thatextend of injury (Behan, 2012). Mere slip cannot cause that.
Dr.Smith’s argument is should be ignored as landing spot as a resultof a push is not definite but depends on how the force was applied.If someone pushes you directly on the ground, you will land rightthere and roll downwards and not necessarily land at the lower end ofthe inclined area. So it is not to use that as a defence.
Drawing back to similar incidences occurring between the two,Patricia has no such previous convictions as opposed to his husbandMr. Bloggs, who has two similar convictions, one occurring in 2011and the other in 2014. Given that it is not the first time Mr. Blogis convicted of this crime, this particular one cannot be anexception (Behan, 2012). It is evident that he loses temper when aspirited argument comes up, and so he must have lost his temper andpushed the wife down the stairs.
Behan,C. W. (2012). Evidence and the advocate: Acontextual approach to learningevidence.