Client acquitted at Trial Charged with Three Assaults

Not guilty verdict - client exonerated

Date posted: 04 Feb 2025

Chepstow

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Magistrates Court

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Case start date

23 May 2024

Significance

Minor

Case study summary

We wrote to the Prosecution on several occasions to argue that the case should not proceed to trial. The Prosecution ignored us and continued onwards, believing that they had a strong case.

We instructed an expert barrister to defend our client and he was acquitted at trial.

Case study

We were approached by this client after he was arrested and interviewed in relation to allegations of assaulting his partner (A), his partner's daughter (B), and his partner's daughter's boyfriend (C). Our client denied these offences and explained that it was in fact C who had been the aggressor on the night.

Our client was a civil servant and was concerned about what a conviction might mean for his employment.

Despite the weakness of the case, our client was later charged with all three offences. At this point, A had withdrawn her support and offered an alternate account of the night, and B had never been questioned by police.

We wrote to and made telephone calls to the Prosecutors to argue that the case was a flawed one and would not succeed at trial. We prepared thorough and detailed arguments to draw the Prosecutor's attention to the gaps and errors in their case, however, they remained resolute that they would not abandon their case and that they had confidence in their chances of winning a trial relying only on the evidence of C.

We prepared our client's case and briefed a barrister to represent him on the day.

At trial, our barrister, Eorann O'Connor of 33 Bedford Row Chambers, was able to make a half-time submission that there was no case to answer in relation to the charge that the Defendant assaulted A. The Magistrates' agreed and the charge was dismissed.

The trial continued on the other two charges and our client gave evidence in his own defence, in doing so advancing photos of his own injuries sustained on the night. He maintained that C had been the aggressor and that he had acted in his own defence.

The magistrates deliberated over their decision and returned a Not Guilty verdict for the two remaining charges.

Our client was extremely relieved and happy to be able to return to his normal life now that he did not have these allegations hanging over his head, and without concern for his future employment.


Profile image of Mary Monson Solicitors criminal lawyer Robert Bailey

Robert Bailey

Senior Paralegal

Robert attended Lancaster University and has both undergraduate and Masters qualifications in law. He defends regularly in complex fraud cases and serious criminal allegations. He works closely together with clients and colleagues to make sure that the best possible case is put forward, and the best result is achieved.

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