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Client avoids prison after serious assault with knife

Non-custodial sentence - no prison

Author:

Profile image of Mary Monson Solicitors criminal lawyer Robert Bailey
Robert Bailey

Date posted: 23 Feb 2024

Manchester

|

Crown Court

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Profile image of Mary Monson Solicitors criminal lawyer Robert Bailey
Robert Bailey

Case start date

16 May 2023

Significance

Minor

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Case study summary

Our client had been found guilty of forcing three people to remain in his flat at knife point and assaulting two of them and a two police officers.

We carefully prepared his case for sentencing and were able to persuade a judge to suspend the sentence.

Case study

Our client had been charged with two offences relating to using a knife prevent several people he had been drinking with from being able to leave his flat. He was further charged with assaulting two of these people and two police officers.

He had pleaded not guilty to these offences and been found guilty at a magistrates' court trial. Because the case was considered too serious our client was then due to be sentenced at Manchester Crown Square Crown Court.

We prepared his case for sentencing and arranged for an expert to assess his mental health. It was clear from the report that our client had suffered a sudden and alcohol induced collapse in his mental health. We then used the report to show the sentencing judge that, with the right support and treatment, this would not happen again.

We also carefully briefed a barrister to represent our client at the sentencing and took detailed instructions from him about his health at the time and the effect that his drug use on the night had on him. He explained he had initially denied having taken drugs on the night and withheld details about his mental health because he was concerned that this would have led to him being sectioned.

At the sentencing hearing, our client attended court with a bag as there was an extremely high risk that he would receive an immediate custodial sentence due to the seriousness of the case and several relevant previous convictions. His barrister put forward the mitigation we had prepared and the expert report to persuade the judge to impose a suspended sentence.

After lengthy deliberations, the judge agreed with our submissions and suspended the prison sentence he imposed.

Our client was especially relieved that he would be able to go back home and carry on with his life and the work that he had done since he had been found guilty of these offences.


Profile image of Mary Monson Solicitors criminal lawyer Robert Bailey

Robert Bailey

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