CPS drop case against client accused of criminal damage

Case study summary

We forced the prosecution to review their case after our client admitted to throwing a rock through a window. However, he only did so because his partner was being held captive by the homeowner, who was in possession of a knife. After our efforts, the case was discontinued.

Case study

Our client was charged with criminal damage and using threatening words or behaviour. It was the prosecution's case the our client had thrown a rock through the window of a house and was shouting aggressively towards the homeowner. By the time our client was notified about the charges against him, he was serving a prison sentence for a separate matter. The outcome of this case would determine whether he could be transferred to an open prison which meant that he would be able to spend Christmas with his children.

Having been recommended by a friend, our client contacted us for help with his case. During an initial conference, our client admitted throwing a rock through the window of a house which belonged to his partner's friend. He explained that his partner was being held captive by the homeowner. She had called our client and asked him for help because the homeowner had been drinking alcohol, was in possession of a knife refused to let her leave. She feared for her safety.

In an attempt to ensure his partner's safety, our client attempted to communicate with the homeowner and asked him to allow him into his home. The homeowner refused. Our client then believed that his only option would be to throw a rock through their window so that he could help his partner to escape. He denied using threatening words or behaviour.

Our client's case was supported by witness statements from police officers and the homeowner's neighbours. The homeowner had been seen lunging out of the window with a knife and he had to be tasered by the police to allow our client's partner to escape his home. However, the police had decided to take no action against the homeowner and wrongfully charged our client instead.

We forced the prosecution to review the case and they agreed that our client should not have been charged. The case was discontinued and our client was relieved with the outcome which enabled him to spend Christmas at home with his family.