Young Man Accused of Assault - Case Dropped

Case study summary

Our client had been charged with assault. We drafted representations to the CPS and requested that the case be reviewed. We submitted there was not sufficient evidence and that it was not within the public interest to pursue. The case was discontinued on the first day of Trial.

Case study

Our client had been on a night out with his friend, when he threw a class bottle and unknowingly hit a passer-by, causing a small cut to their hand. Following this, the client was arrested and charged with assault by beating.

Ahead of our client's first appearance at court, we took a detailed account from him and instructed an experienced barrister to represent him throughout the proceedings.

In consultation, he confirmed that he did not have any intention of hitting the complainant. In fact, he did not realise that the bottle had hit anyone or that he had caused another to suffer injuries until he was later arrested.

Following a not guilty plea in the Magistrates' Court, we began preparing the case for Trial. In preparation, we carefully drafted representations to the CPS. We submitted that they did not have sufficient evidence to support the charge and that it was not within the public interest to pursue with the case.

The alleged incident was not captured on CCTV and the only witness to the incident was the complainant themselves, who stated that they did not believe that our client intended to throw the glass bottle in his direction.

Taken at its highest, the CPS case was that our client had thrown an item at the floor, with no intention, whether reckless or direct, of it making contact with anyone. Within our representations, we noted that the elements of the offence were not made out in this case, when considering the legislation itself.

We served our representations to the prosecution and also requested further disclosure, which the CPS had failed to provide. On the first day of trial, our client attended the hearing alongside his barrister and was informed that the case against him had been discontinued.