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Criminal Damage - Conditional Discharge Received

Conditional discharge - no criminal penalty
31 May, 2022
Criminal
Criminal Damage

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Case study summary

Our client was 63-years-old and retired. In the days following his friend's death, he deliberately damaged a stranger's car. The CPS stated that prison was a real possibility but we argued that this would not be appropriate. He received a conditional discharge.

Case study

Our client faced a charge of criminal damage which amounted to £3,000. He accepted that, in a moment of madness, he deliberately scratched the side of another individual's car with his key. The individual was parked in the disabled bay at his local Asda store. It was clear to us from the beginning that the damage could not have amounted to anywhere near £3,000.

The prosecution argued that the offence passed the custody threshold, meaning that our client face the possibility of being sent to prison. The client was 63-years-old, retired and, at the time of the offence, was struggling to come to terms with the death of his best friend who had suffered with an autoimmune disease. A custodial sentence would have had an extremely negative impact on his already poor mental state. We explained this to the magistrates and argued that this type of sentence would not be appropriate.

The prosecution also requested that our client pay £3,000 in compensation to the complainant. We disputed this and asked them to provide evidence of the damage to the vehicle. When they did, it was clear that the damage amounted to much less than what the prosecution had tried to make our client pay.

The client received a conditional discharge and was ordered to pay significantly less in compensation to the complainant than the prosecution had first suggested. Our client was able to move on with his life and put this case behind him.

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