Absolute Discharge for Vulnerable Client

Case study summary

We secured an absolute discharge for a client charged with using violence to secure entry to his own home. Our mitigation highlighted his personal circumstances, health difficulties and concerns about the impact of the proceedings on his employment.

Case study

Our client instructed us after being charged with using violence to secure entry following an incident at the home he shared with his wife. Their marriage had broken down, but they still jointly owned their home. The matter was already listed for trial, and our role was to secure the best possible outcome.

Our client’s employment was at risk if he received a criminal conviction. He had also experienced significant trauma in his life and survived serious health conditions, some of which were ongoing. In the weeks before his trial, he was hospitalised again with a life-threatening illness.

The case

The allegation was that our client had tried to enter his marital home when his wife did not want him to and had kicked the door out of frustration. Our client understood that he was guilty of the offence but wanted his side of the story to be heard. He had continued to contribute towards the costs of the house so that his wife could remain there but, despite this, she reported him to the police and he was arrested three times in relation to this allegation. On two occasions, no further action was taken. On another occasion, he was taken into custody, but the sergeant refused to authorise his detention because they considered it unnecessary.

Over several months, we made representations to the prosecution about the circumstances of the offence, the client’s background and the potential consequences of the proceedings. We asked whether the matter could be resolved through an out-of-court disposal. The prosecution was initially receptive to that approach. However, two days before the hearing, we were informed that an out-of-court disposal was no longer available because of police policy.

We then attended court to seek the best possible outcome in the circumstances. We explained that the case involved exceptional circumstances and that it was important for the court to understand our client’s situation in full. We outlined his background and ongoing health difficulties and raised concerns about the handling of the case. We also explained that, after months of discussions with the prosecution about an out-of-court disposal, we had been told only two days before the hearing that this was not possible.

Outcome

We asked the court to consider an exceptional outcome and argued that an absolute discharge was appropriate because our client had already suffered enough. We recognised that this would be challenging, as absolute discharges are rarely imposed, but argued that the full circumstances of the case warranted this outcome. After considering our submissions, the court stated that, in light of the mitigation we had presented, an absolute discharge was the only appropriate sentence. This meant that the court imposed no punishment for the offence.

This was a significant outcome for our client, who was able to keep his job as a result. He thanked us for ensuring that his side of the story was heard and was extremely grateful for the outcome.