MMS Client Charged with S18 & S20 GBH - Case Dropped

Case study summary

Our client had been charged with GBH and possession of a bladed article following an incident in a nightclub. Our expert lawyers submitted representations to the CPS and they discontinued the charge.

Case study

Our client had attended a nightclub, where an individual was stabbed. He was later captured on CCTV disposing of a knife in a nearby bin. He was arrested and charged with s18 and s20 GBH, possession of a bladed article, and possession of class A drugs.

We took instructions from the client and he confirmed that he was not guilty of the GBH but accepted that he had disposed of a knife in a nearby bin and was in possession of cocaine.

We instructed an experience barrister to represent the client throughout the proceedings and based on the client's instructions, we began drafting an application to dismiss the charges of GBH.

We submitted that the CPS did not have sufficient evidence to charge the client with GBH. The alleged assault was not captured on CCTV and there were no witnesses to the alleged incident. We also found that the complainant had not provided a statement to the police.

The CCTV relied upon did not show the stabbing itself but did show our client disposing of a knife. We asked the CPS to review the charge because the fact that our client has disposed of a knife was not in itself enough to infer that he was responsible for the stabbing. The evidence provided by the CPS only spoke to the client's involvement after the alleged assault and any assumption that he had any involvement in the assault itself was entirely speculative.

After receiving our representations, the CPS were in agreement that the elements of GBH could not be satisfied in this case. As such, the charge of s18 and s20 GBH was dropped and the client received a suspended sentence for possession of a bladed article and possession of class A drug.