Summary
Following numerous harassing voice notes, messages and phone calls, our client was reported to the police by the recipient. Immediately regretting his actions, our client handed himself in to the police knowing he would be arrested. He was later charged with indecent and grossly offensive malicious communications.
When sentenced at Stevenage Magistrates Court, Lawtons’ expert legal representation helped our client avoid a custodial sentence. This outcome was very positive considering the circumstances and a testament to the fantastic legal guidance provided by Lawtons.
Details of the Case
The complainant and our client had known each other for many years, however had recently reconnected and begun a relationship. At this time in his life, our client was overwhelmed and facing a lot of stress due to a 3.5-year custody battle concerning his children. He relied heavily on the complainant for support during this period.
However, the relationship soon ended, and our client was struggling to cope with the loss. His offending began following this and was a consequence of him suffering a mental breakdown and self-sabotaging. The communications that ensued were threatening, abusive and led the complainant to fear for the wellbeing of herself and her children.
Despite having reported these communications to the police, ultimately, the complainant was unsupportive of police action. She had only wished for officers to stop our client from coming to her house. After coming to terms with his actions, our client broke his phone to prevent further offending and handed himself in to the police.
Our Defence
Solicitor Samantha Harmer represented our client on this occasion. Cases of malicious communications are particularly challenging due to the lack of specific sentencing guidelines. Samantha relied on case law to estimate the most likely sentence our client would receive. Given the volume and the severity of the communications from our client, this generally pointed toward a custodial sentence.
During police interview, our client made full admissions and later an early guilty plea was entered. He regretted his actions entirely and understood the harm that he had caused. On this basis, Samantha gathered extensive mitigating evidence to assert that our client’s behaviour was the result of various mental health issues and was out of character.
Part of this mitigation included a Freedom Programme our client attended through family court, which covered abusive relationships. He attended this programme for 13 weeks and found it extremely enlightening. His dedication to this programme showed his willingness to learn and change his behaviour.
Court
The case was heard at Stevenage Magistrates Court where our client formally entered a guilty plea. Samantha outlined the extensive mitigation on his behalf, asserting that his behaviour, although inappropriate, was completely out of character and that our client was remorseful and eager to make amends.
After some consideration, the Magistrates acknowledged that they did not need to impose a custodial sentence or involve the probation services to help with rehabilitation given the voluntary steps our client had taken. Instead, they sentenced our client to a a financial penalty which just totalled £197. Considering the number and extreme nature of the messages and that Samantha had anticipated a custodial sentence was a possibility, this outcome was extremely fortunate and a testament to Samantha’s outstanding legal guidance. Our client was very grateful to Samantha for her excellent work and for all her support throughout the ordeal.
Looking for a specialist defence solicitor?
We understand how scary it can be to be facing a criminal charge. You don’t have to go through it alone.
If you require assistance with similar allegations and are looking for a solicitor, please contact our specialist team on 0333 577 0522 or visit our enquiries page.
