Details of the Case
Our client was facing a charge of assault by beating after a physical altercation which resulted in the complainant going into cardiac arrest. While our client accepted that the assault occurred, he maintained that his actions were purely in self-defence. Our team prepared a thorough defence and when it came to trial, the Prosecution offered no evidence and our client was acquitted.
Details of the Case
The incident arose from an ongoing dispute between our client and the complainant. On the day of the incident, the two had a verbal disagreement which resulted in our client pushing the complainant once with some force. After a short period, the complainant fell to the ground and went into cardiac arrest.
Our client was later arrested by Hertfordshire Police and taken to Hatfield Police Station where he was represented by Solicitor Christopher Wilson. When interviewed by the police, our client gave a prepared statement outlining that his actions were wholly in self-defence.
Our client stated that the complainant began to get very close to him in an aggressive manner and that he was in genuine fear of unlawful violence being used against him. He maintained that his actions were entirely pre-emptive self-defence and that there was no intention of causing the complainant harm.
While it was confirmed that there was no evidence to suggest that the push is what caused the complainant to go into cardiac arrest, our client was later charged assault by beating.
Our Defence
Solicitor-Advocate Glen Henry was later instructed to represent our client, where he compiled a strong defence on his behalf. Our client pleaded not guilty to the charge and maintained that he only used necessary force that was proportionate in the circumstances to deter the threat that the complainant posed. After the complainant fell to the ground, our client showed immediate concern for his welfare and tried to help.
Different CCTV evidence was played during our client’s police interview which showed that his actions were in response to the complainant’s aggressive behaviour. As this footage would support our client’s self-defence argument, Glen repeatedly requested that the CPS send us this evidence. However, the CPS failed to do so up until the day of trial.
Given the circumstances of the case, if our client was found guilty, he could have been at risk of a prison sentence of up to 16 weeks.
Court
Our client’s case was heard at St Albans Magistrates Court where both Glen and Christopher attended to support our client. Glen once again requested that the CPS provide him with the relevant CCTV footage however, they were still unable to do so. On this basis, the CPS offered no evidence against our client and he was acquitted.
This was a fantastic outcome for our client; he was extremely pleased with this result and was very grateful to both Glen and Chris for their support.
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If you are facing criminal 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.
