Summary
Our client was charged with three offences relating to firearm and assault charges, which he denied completely. While he initially instructed a different firm of solicitors, our client instructed Lawtons for the Crown Court proceedings. At Court, a submission of no case to answer was made, resulting in two charges being dismissed. The jury returned a unanimous not guilty verdict in relation to the final count.
Details of the Offence
While at a skate park with friends, it was alleged that our client had:
- pulled a gun from his trousers and had taken shots at the complainant,
- lit fireworks and deliberately fired them at the complainant,
- chased the complainant with a metal bat.
Our client was later charged with possession of an imitation firearm with intent to cause fear of violence, assault by beating and threatening another with an offensive weapon.
Our client completely denied all the allegations. He asserted that the BB gun had belonged to his friend who had shot the pellets, and that the friend had later lit fireworks but these were not deliberately shot towards the complainant. He wholly denied having chased after the complainant with a bat.
Our Defence
Our client was initially represented by a different firm of solicitors during the Magistrates Court proceedings before transferring to Lawtons due to our level expertise in this area. Partner Joanne Cestaro took on our client’s case and thoroughly examined all the evidence involved.
Our client maintained that he was on a night out with friends in Halloween costumes and while a member of his group had a BB gun, he never used it nor any other weapon to cause harm or threaten anyone.
Court
The case was heard at Luton Crown Court, where Barrister Clare Leslie of Lamb Building represented our client. On the first day of trial, Clare requested that the Prosecution review the case as the matter was now over two years old. She argued that it was not in the public interest to proceed, however the decision to proceed was made regardless.
At the close of the Prosecution’s case, Clare made a submission of no case to answer in respects to the possession of a firearm and assault by beating charges. She made clear the Police’s lack of investigation, as there had been no attempt to get witness statements and there had been no proper CCTV enquiries. This was upheld by the court and not guilty verdicts were entered.
The case continued with respect to threatening another with an offensive weapon, where the jury returned a unanimous not guilty verdict. Our client was relieved with this outcome and expressed gratitude to both Joanne and Clare.
Client Testimonial
“Absolute legends from the start to end. My partner was very anxious and struggled to speak until Clare had a chat with her and helped her calm her down and helped us get an understanding of what was going on with the legal terms. Joanne was just on point all the time, I highly recommend.”
“We, as a family, can’t convey just how grateful we are for everyone’s hard work; it couldn’t have gone any better.”
Looking for a specialist criminal defence solicitor?
Have you been accused of a criminal offence? We understand how difficult this can be and the impact a criminal charge can have on your future. At Lawtons, we have extensive experience in all areas of criminal law and are dedicated to securing the best possible outcome for our clients. If you need legal advice, please do not hesitate – contact a member of our specialist team today.
