Summary
Our client was charged with actual bodily harm (ABH) and possession of an offensive weapon after a physical argument with a friend. Our client denied the accusations against her, asserting that the complainant had been the main aggressor. After several delays to the trial, our team successfully argued for the case to be dismissed for want of prosecution.
Details of the Incident
The complainant was staying at our client’s flat, where she claimed that our client woke her by screaming and shouting and started to physically attack her. The complainant stated that our client grabbed her by the hair and dragged her out of the flat. She claimed to have sustained multiple bruises, a bite mark and a broken wrist as a result of the incident.
Once outside the flat, it was alleged that our client began to hit the complainant with a wooden broomstick, where she sustained further injuries. Our client was later arrested and charged with ABH and possession of an offensive weapon.
Our Defence
Partner Joanne Cestaro represented our client on this matter, where she provided constant support and robust legal guidance. Our client stated that it was the complainant who had begun to physically attack her, where she fought back only in self-defence. She had wanted the complainant to leave the flat and could only do so by pushing her out the door.
Our client also stated that she did not assault the complainant with a broomstick, nor did she have possession of it with intent to cause injury. Once the complainant was outside the flat, our client called her neighbours for help as she was scared of being attacked again.
Joanne worked diligently to build a strong defence for our client, where she collected several witness statements to corroborate our client’s account. Our client also provided a video which shows the complainant outside the flat verbally abusing our client’s neighbours, which further undermined the complainant’s account.
Court
Our client’s case was heard at Luton Crown Court, where she was represented by Barrister Janice Brennan of Lamb Building Chambers.
This was an unusual case as while the complainant gave evidence, it was clear that she was citing evidence that was not relevant to the trial and was in fact prejudicial to our client. Janice successfully applied for the jury to be discharged, and a new trial was soon fixed.
At the next trial listing, the Prosecution were unable to provide a Barrister to represent the complainant in person and applied for the case to be adjourned again.
This application was expertly and persuasively opposed by our defence team, who argued on behalf of our client at three consecutive hearings. This resulted in the case ultimately being dismissed for want of prosecution.
Our client was extremely happy with this outcome and was awarded a costs order. She was very grateful to both Joanne and Janice for their expert guidance, without which she might have met a much harsher outcome.
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