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Criminal Defence Blog

Posts Tagged ‘case studies’

Conditional Discharge for Common Assault

Conditional Discharge For Common Assault

 

Forrest Williams were delighted to secure a conditional discharge for a client charged with common assault recently.

 

Mr Andrews instructed us following an alleged incidence of domestic violence involving his ex-partner. The allegations against Mr Andrews were serious and involved threatening and potentially harming his ex-partner with a knife.

 

Mr Andrews was a man of good character who did not accept his ex-partner’s version of events.

 

He was made aware that the sentencing guidelines for common assault did include a custodial risk, and the use or threatened use of a weapon would immediately make the matter an aggravated attack, which they would sentence more harshly.

 

Mr Andrews was represented by a very skilled female barrister who was carefully selected due to the sensitive nature of the case. If you are faced with a charge following an alleged domestic violence incident, the correct representative in court is absolutely vital.

 

In Court, Mr Andrews’ ex-partner gave inconsistent evidence when being cross-examined by our barrister, while Mr Andrews’ evidence was consistent and credible.

 

The Court ruled that they did not believe the extent of the ex-partner’s allegations, and as such limited sentencing to comprise a conditional discharge. This means that whilst Mr Andrews was convicted of the offence, no sentence was passed against him.

 

You can read more about conditional discharges here.

 

It was an excellent result for Mr Andrews, who was delighted and incredibly grateful for all of the support that Forrest Williams gave him throughout the case.

 

We were touched to receive a thank you card and chocolates from Mr Andrews at the end of his case, and will keep in touch with him in the future.

 

If you’re like a legal team who really care, to fight for you in court, contact us now on 01623 600645.

 

Case Study: Mitigation For Robbery Case

When George Fredrickson was produced from custody to confirm the hearing at Nottingham Crown Court last week, he was worried that sentencing would once again be adjourned for reasons beyond his control.

 

George, just 18 years of age but with a string of convictions to his name, had prepared himself for his plea and sentencing hearing as best he could just 7 days ago, knowing that his parents and several other members of his family would be in attendance.

 

However, on the day of the hearing the previous week, there was no transport to bring George from his young offenders’ institution. The hearing could still have taken place, had the video link between the court room and the young offenders’ institution been worked as it should. Unfortunately, it did not.

 

George was understandably frustrated by the delay. Since the offence – a robbery which had taken place as a result of him falling in with the ‘wrong crowd’, he had opened his heart to his older sister and told her he knew he had to change his ways, or face a future behind bars.

 

It should be noted that, for George’s family, his criminal past was hard to understand. All his family members are hard-working professionals and business owners. It was, in fact, George’s older sister Katrina who instructed Forrest Williams to act on her brother’s behalf.

 

Katrina later told Tracy, George’s Case Handler, that several other companies had actually declined to take on the case due to its complexity and proximity of the hearing date. Tracy had initially reassured Katrina that neither of these issues would pose a problem for Forrest Williams as the company frequently accepts last-minute instructions and is very confident when dealing with technically difficult cases, as excellent working relationships with highly-skilled barristers is a cornerstone of the professional services offered to our clients.

 

In brief, one of the technical issues with George’s case was whether or not he was fit to plead. This issue was resolved by liaising with the health professionals concerned, and by arranging a visit to the young offenders’ institution by the barrister who would go on to represent George in court.

 

On the day of the second hearing, George was arraigned and pleaded guilty. However, due to lack of court time a further adjournment was discussed.

 

The barrister representing George acted swiftly and assertively to ensure that another court room was found and that sentencing took place. Initially, the judge indicated that he was minded to grant an 18 month sentence. However, the barrister continued mitigating forcefully until the judge indicated that the lowest sentence he could impose was 12 months in custody, starting that day.

 

For George, this means his release date will be put back by just 2 months. George and his family were very pleased with this outcome.

 

If you (or a family member) have a legal issue that is causing concern, Forrest Williams would urge you to make contact to discuss the situation as soon as possible – even if you think (or are told by other companies) that it is too complicated a case to resolve, or too late to instruct. Katrina made that call, on behalf of her brother – and, in her words, it was ‘money well spent’.

 

Call us now for legal advice on 01623 397200.

 

Not Guilty Verdict For Criminal Damage Case

WRITTEN BY JULIA COFFIN, PARALEGAL

 

My client is a young man that had been involved in an altercation with a group of youths and charged with Criminal Damage. His mother called me shortly before Christmas extremely frustrated at the lack of progress she was experiencing from the Legal Aid Solicitor they had been working with up until that point. Of course I reassured her that we could help her son, and we took over the case.

 

Our client is a young man of good character with no previous convictions, he is a student with excellent grades and offers from three Universities to study Business. He was chosen to be peer support at school as well as Captain of the School Sports Team, Rugby Team and a Prefect.

 

The client had been travelling in a cab with five friends and an incident occurred whereby the cab driver was assaulted by one of the group and a window was broken by another. My client was identified as being present at the scene and subsequently charged with Criminal Damage.

 

When I interviewed the client on the telephone he came across as a very polite young man, and I couldn’t reconcile the idea of the person I was speaking to causing criminal damage in a fit of youthful exuberance – he just didn’t come across that way to me.

 

When I reviewed the file, the evidence against him was extremely thin, it appeared that he had been singled out as he had been positively identified as being present, which he had never disputed, however he had not been involved in the fracas and was merely present.

 

We approached the CPS and asked them to review the case due to a lack of evidence, which was denied and the matter proceeded to trial.

 

Our client was represented by one of our experienced Barristers from our London Chambers and we secured a verdict of Not Guilty – which wasn’t entirely surprising given the very weak case against him.

 

The Barrister’s account of the courtroom proceedings was that the prosecutor approached the case as if it were a murder trial, shouting at our client – who is only 18 years old – and being selective in the evidence she presented, deliberately withholding parts of the evidence that would undermine their case and assist our defence case. The prosecutor was described as being horrible and unprofessional and the family are considering lodging a formal complaint about her conduct and behaviour.

 

We secured an excellent and well deserved result for our client, a young man who no longer faces the possibility of a criminal record for something he wasn’t involved with.

 

We stayed in constant contact with our client’s parents at all stages throughout the case preparations and lead up to the trial, reassuring them at every point as they were very worried about their son and what might happen. I received a text from them after the trial ended saying that they couldn’t thank me enough, and that the Barrister was fantastic!

 

If you are being charged with, or investigated for, criminal damage, call me now for a free initial consultation on 01623 397200.

 

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