Client Guilty of Assault in a Nightclub Avoids Prison

Case study summary

Our client was charged with Assault Occasioning Actual Bodily Harm after his actions went beyond self-defence during a fight inside a nightclub. We prepared the client's mitigation and one of our expert lawyers persuaded the court not to impose an immediate prison sentence.

Case study

Our client was a 33-year-old engineer who went on a night out with his friends in January 2023. During the evening, a male was being aggressive towards our client and his friends by pushing into them and calling them names under his breath. He then decided to start a fight with our client and launched himself at him. Our client responded by punching the male twice in self-defence. However, he accepts that his actions then went beyond self-defence as he proceeded to kick the male whilst he was on the floor.

After a police interview where our client had no legal representation, he decided to contact us and ask for our help. He feared that his actions were so serious to warrant a prison sentence which would result in him losing his job, home and his partner. During our initial meeting with the client, we could see the severe impact this was having on his mental health.

We reviewed the case and it was confirmed that the incident was captured on CCTV. The complainant received cuts to his head, lip and eyebrow and our client's fears were correct in that he was facing the possibility of a prison sentence.

Our client was ashamed of his actions and, whilst he accepted it was not an excuse, he explained that alcohol contributed towards him reacting the way he did. He also informed us that he suffers from Post Traumatic Stress Disorder so we obtained medical evidence to confirm this. We also collected positive character evidence from our client's family and friends.

Our client pleaded guilty to one charge of Assault Occasioning Actual Bodily Harm, contrary to section 47 of the Offences Against the Person Act 1861. One of our expert assault lawyers represented him at his court hearing and provided strong arguments to the Court who were initially considering imposing a 24-week prison sentence. Our lawyer successfully persuaded the Court to suspend the prison sentence with the help of the supporting mitigating evidence which we had obtained. Our client was relieved to be returning home to his family.