MMS Client Receives Community Order for Stalking

Non-custodial sentence - no prison

Date posted: 11 Aug 2023

Manchester

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Magistrates Court

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Case start date

19 May 2023

Significance

Minor

Case study summary

We were instructed to represent our client throughout his case. Over the course of our representation, he was arrested on a number of occasions.

We represented him at each police interview and prepared mitigation for his case at court, where he received a community order.

Case study

Our client had been in a relationship with the complainant in this case for almost 12 years when she decided to abruptly end things. Our client feared what this would mean for their children and attempted to recover the relationship, without realising that his actions were illegal and amounted to stalking.

We were instructed to represent this client after he approached our firm following a decision to charge him with stalking. He was later arrested and charged on a number of occasions with further allegations of stalking.

We attended each interview and provided specific advise as to the allegations against him and their impact on his existing case.

Our client pleaded guilty to a second charge stalking and not guilty to a third charge. We then began preparation for the trial by taking instructions from our client about his specific movements and drafting a detailed account of his case. We also chased the prosecution repeatedly for the evidence in the case and found that on a number of occasions they had failed to serve the correct evidence.

In advance of the trial, we carefully selected a barrister to represent our client and advance his case. Due to the strength of the prosecution evidence, our client was found guilty at trial.

We then immediately began preparation for our client's sentencing, aiming to achieve the lowest possible punishment.

Our client accepted the accusations and expressed remorse at what had happened. He explained that he had been distraught by the separation and had been fearful that he would lose access to his children. We carefully prepared him for a meeting with the Probation Service and organised his account into mitigation for the sentencing.

At this hearing our client received a community order, despite the three charges and further breaches of court and police bail.

He was then able to return to work and rebuild his life after the ordeal he had been through at court.


Profile image of Mary Monson Solicitors criminal lawyer Robert Bailey

Robert Bailey

Senior Paralegal

Robert attended Lancaster University and has both undergraduate and Masters qualifications in law. He defends regularly in complex fraud cases and serious criminal allegations. He works closely together with clients and colleagues to make sure that the best possible case is put forward, and the best result is achieved.

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