Assault Trial at Nottingham
Nottingham crime solicitor Lauren Fisher recently represented a client before Nottingham Magistrates’ Court charged with an assault on his partner. The allegation was serious in that it was said that there had been a prolonged attack over the course of several hours.
Defence Statement and Unused Material
Lauren’s client accepted that he may have caused her injury but this was during the course of preventing his partner from harming herself. This was perhaps an unusual defence in an assault trial.
There was an accepted history of self-harm. On this occasion it would be argued that she was attempting to hurt herself and had to be prevented from jumping out of an upstairs window and running into a road.
Consideration of the instructions given and a review of the disclosure meant that Lauren knew that the police or prosecution was likely to hold unused material that would assist her client’s case. As a result she drafted a document called a defence statement. This ensured that she was provided with the additional information needed to establish a prior history of self-harm by the complainant.
Cross Examination Lead to Not Guilty Verdict
It was recognised by Lauren that the case would require careful and sensitive cross examination of her client’s partner. It was important that the approach taken not antagonise the Magistrates whilst effectively and robustly challenging the account given. It was likely that the witness would be upset.
During the course of the trial Lauren had to make decisions as to how best to present her client’s case. A decision was made to agree that a statement of an absent prosecution witness could simply be read. Although some points potentially harmed her client’s case, other points were of great assistance.
Although witness denied that she was attempting to hurt herself on this occasion, the unused material disclosed raised our client’s alternative explanation as a reasonable possibility.
Ultimately, the approach adopted by Lauren proved to be the correct one. After careful consideration the Magistrates found her client not guilty of the offence.
Contact Lauren Fisher
If you face court proceedings such as an assault trial and wish to instruct a solicitor that can combine careful preparation, a tactical approach and an ability to tailor cross-examination to the needs of your case then please contact Lauren Fisher on 0115 9599550 or email her here.