Lawrence is charged with arson. The allegation is that he burned down his shoe shop "Mr. Heels" because he was losing money. He could not compete with the "Costless Shoes" that had opened a big shop across the road. It was estimated that the fire started around 11:00 pm on 6^th April 2018. The fire examiner's office could not determine the cause of the fire. Lawrence's defence is that the cause was accidental. In his statement to the police taken over an hour, the day after the fire, he told the investigating detective that he remembered smoking a cigar that night as he was reviewing his books and it must not have been put out. He went home that night shortly before 11:00 pm. He vehemently denied starting the fire. The statement was taken by one officer and there were no breaks during the interrogation. The statement was videotaped. Lawrence does not have a criminal record.

Lawrence's staff, Judy was also interviewed by the Police on the next day of the fire. In her statement, Judy mentioned to the Police that a week before the fire, Lawrence had told Judy to make the insurance premium payments up to date which had been pending for the last five months. That Judy had made the payments and given the receipt to Lawrence. The Insurance Company Judy made the payment to was Sky Insurance Limited and the amount was $2000.

Lawrence has elected a High Court trial. It is five years now after the fire that the Court is able to give a date for this trial.

The case is now being heard in the High Court. The trial started last week.

1. Please provide answers to the following questions that have arisen during the course of the trial.

The State wants to lead evidence that Lawrence owes over $100,000 in debts in relation to his shoe shop. The Defence objects to this evidence on the basis that the issue is who set the fire not Lawrence's ability to manage his finances. How will the State respond?

1. The State wants to call a witness who will testify that in the days leading up to the fire that Lawrence appeared distressed and depressed. The Defence objects. What is the basis of the objection? How will the judge respond?

1. The State wants to call Mary (Lawrence wife) who will testify that in a fight six months ago, Lawrence had threatened her that he would burn the shop and house down, collect the insurance and go away from her for good. The Defence objects. What is the basis of the objection? Will the objection succeed?

1. State calls Judy as a witness but Judy cannot remember the name of the Insurance Company or the amount she had paid as five years have passed after the incident. Advise the State on what they should do to get this evidence in Court.

Answer rating: 100% (QA)

Answer 1 The State will likely respond by arguing that evidence of Lawrences financial situation is relevant to establishing motive and intent They ma... View the full answer