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Man Accused of Criminal Damage – Prosecution Drop Case

Case discontinued by the prosecution

Author:

Profile image of Mary Monson Solicitors criminal lawyer Emma Swindell
Emma Swindell

Date posted: 03 Mar 2023

Salford

|

Magistrates Court

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Profile image of Mary Monson Solicitors criminal lawyer Emma Swindell
Emma Swindell

Case start date

28 Nov 2022

Significance

Minor

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Case study summary

Our client was a man who had complex learning difficulties. He was wrongly accused of causing damage to his supported accommodation. We negotiated with the prosecution and they agreed to drop the case.

Case study

We were approached by a young man who had learning difficulties and a history of poor mental health. He had been charged with criminal damage after being accused of smashing plates and kicking doors in his supported accommodation.

There were photographs of the damage and several of the residents had identified him as the perpetrator. There was also a video showing a man of a similar build to our client causing this damage. However, you could not see this person's face and it was not possible to accurately identify him.

He was very concerned that he was not going to be believed because he was so unwell and instructed our specialist lawyers to represent him to ensure that he stood the best chance.

We liaised with the Crown Prosecution Service and it emerged that many other residents were no longer supporting the case. We argued that the evidence was limited and they could not prove their case. Eventually, they accepted that they had no choice but to drop the charges.

Our client has since moved in with family members and was very happy that we fought his corner and did not just assume that he was guilty due to his personal difficulties.


Profile image of Mary Monson Solicitors criminal lawyer Emma Swindell

Emma Swindell

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