Case Summary
Our client was convicted under the Public Order Act 1986 where the Judge concluded that he had intended to cause the victim to believe that unlawful violence would be used against him. Our team appealed the conviction, arguing that there wasn’t sufficient evidence that our client intended to cause the victim harm. Ultimately, the appeal was successful and the conviction was dismissed.
Details of the Conviction
The offence in question was in relation to an assault where our client struck the victim with a violent blow with his fist to the side of the head. The conviction was decided on the basis that our client had used threatening or abuse behaviour with intent to make the victim believe that unlawful violence would be used against him.
The District Judge who sentenced our client stated that although the victim hadn’t seen our client, if he had seen the blow before it landed then our client intended that the victim believe unlawful violence would be use against him.
The Basis of the Appeal
Managing Partner Nick Titchener took the lead on this case, where the appeal was seen at the High Court in London. The basis of our appeal to this conviction was the question as to whether there was evidence, on the basis of which the judge was entitled to infer, that our client intended to cause the victim unlawful violence would be used against him.
After considering the strength of our argument to dismiss the conviction, the Court came to the view that the attack was sudden and unprovoked with no warning. Therefore, there was no evidence that our client had intended to instil violence in the victim.
The Court determined also that the Prosecution should have charged our client with assault rather than a public order offence and the District Judge’s reasoning for the conviction was seen as an unjustified attempt to fit the facts into the wrong legal framework.
Outcome
Thanks to the excellent guidance from Nick and the team at Lawtons, our appeal was successful, and the conviction was dismissed. The case has attracted a large amount of coverage in the specialist legal press and it is further evidence of the quality of work carried out by the Lawtons Solicitors.
If you or someone you know has been convicted of an offence that you believe was unjust or incorrect, you need to consult a specialist defence solicitor immediately. Our team at Lawtons have a wealth of experience in all areas of criminal offence and will be able to advise on the best process was arguing an appeal. Do not hesitate – contact our specialist team today to discuss your case.
