Case Summary
Our client was identified as a suspect in a violent group incident that resulted in an individual being stabbed. The Metropolitan Police arrested our client on suspicion of affray, for which he was later charged and pleaded guilty to. Thanks to the strength of Solicitor Christopher Wilson’s mitigation at Court, our client avoided a prison sentence and received a conditional discharge instead.
Details of the Case
The Metropolitan Police received a report about a stabbing in Camden. CCTV footage revealed that a group of six males had chased another group of three males, with one of the chasing group being seen brandishing a knife and attacking another male.
Further investigation revealed that our client was one of the suspects of the chasing group. He was arrested and taken to Islington Police Station where he provided a no comment interview.
Our Defence
After being released on bail, our client was later charged with one count of affray. Although he was 16 years old at the time of the offence, he was not charged until he was 18, which meant that he could only be sentenced in relation to the adult sentencing guidelines.
Our client accepted his involvement in the incident and pleaded guilty to the charge. However, he stated that he was only involved in the chase and issued no verbal threats, nor did he have possession of a knife. Given the circumstances of the offence, our client was at risk of a prison sentence ranging up to 1 year and 6 months.
Solicitor Christopher Wilson was instructed to represent our client at his sentencing hearing, where he prepared significant mitigation our client’s behalf. He submitted that our client’s sentence should be reduced given that he had no previous convictions and that he was a youth at the time of offence.
Christopher submitted that our client had a lesser role in the incident as he was not involved in the stabbing itself. He also highlighted the actions our client had taken since the offence to rehabilitate and change his life. These actions were supported by several witness statements.
Court
Our client’s case was heard for sentencing at Highbury Corner Magistrates Court. Christopher submitted a basis of plea, which specified that our client was pleading guilty to the offence on the basis that he was not in possession of a knife nor did he use any unlawful violence
Upon reviewing the case and the mitigation Christopher put forward, the Judge was of the view that the allegations were old and the case was impacted greatly by Police delays, which must be taken into account.
Given the strength of the mitigation submitted and the fact that our client had proven his actions to change his lifestyle and his age as a youth at the time of the offence, the Judge agreed that a prison sentence would not be appropriate on this occasion and sentenced our client to a 2-year conditional discharge.
A conditional discharge does appear on an individual’s criminal record but does not impose any formal punishment, such as a fine or a prison sentence. However, if the individual commits another offence within the discharge period, they can be re-sentenced for the original crime and the new one.
This was a fantastic outcome for our client given his personal circumstances and he was extremely grateful to Christopher for all his assistance in securing this result.
Looking for a specialist affray solicitor?
If you are facing affray charges, it is essential that you seek out specialist legal representation in order secure the best possible outcome in your case. Our team at Lawtons have experience and expertise in all areas of criminal defence and can assist you at any stage during the investigation.
Contact a member of our team now on 0333 577 0522 or visit our enquiries page.
