Nottingham criminal solicitor Derek Brown recently represented a client charged with common assault. In an unusual case, the alleged victim of the assault had not provided a statement. The evidence upon which any conviction would turn was from an independent eye witness.
This witness claimed that she had seen Derek’s client slap his partner with such force that she was knocked to the ground.
Denied common assault allegation
He accepted the following:
that he had been the man that the witness had seen
that he had been arguing with his partner in the street
that his partner had ended up on the floor but he had fallen with her
Derek’s client had explained his version of events in police interview. He had explained that the argument had begun at his partner’s address. He did not wish to continue the argument so chose to leave. His partner tried to stop him so the argument continued in the street.
His partner continued to try and get him to return to her address. She grabbed him, and he, in turn, grabbed her. There was shouting throughout. During this scuffle. Derek’s client maintained that they fell on the floor but he denied that he slapped his partner as described by the witness.
After the incident, Derek’s client maintained that he helped his partner up and they parted ways, going to their separate addresses.
Cross-examination of a mistaken witness
Derek’s client denied the allegation. The case was listed for trial. Both the eye-witness and our client gave evidence. Derek’s questioning was directed at showing the Magistrates that the view of the eye-witness may well have been impeded taking into account all of the circumstances. The witness did not know either party so would have had no reason to lie. She was simply mistaken.
In the end, following Derek’s speech, the Magistrates’ were not sure that his client had hit his partner. As a result he was found not guilty.
Contact a Criminal Solicitor in Nottingham
Every contested case will require a criminal defence lawyer who can identify a trial strategy. Derek Brown is an experienced Magistrates’ Court trial advocate so will help identify relevant issues in your case. If you are under investigation by the police or face court proceedings for common assault or any other matter please contact him on 0115 9599550 or by email here.
Category Archives: News
Nottingham crime solicitor Derek Brown
Nottingham crime solicitor Derek Brown used persuasive advocacy to ensure that his client was found not guilty of assault on the basis of a reasonable pre-emptive strike.
Derek’s client was of good character. The background to the case was that the complainant had been seeing our client’s boyfriend. This news came out of the blue, understandably causing Derek’s client upset.
Unfortunately, the complainant chose to try and make matters even more upsetting. She parked outside our client’s house the night before the allegation was made, laughing and using behaviour calculated to provoke a response.
The very next day the complainant was parked up again. She made an allegation that Derek’s client had approached her in her vehicle, reached through the window and punched her and pulled her hair. The incident was said to have been unprovoked. Later in the same day, our client was said to have approached the vehicle again and hit it.
Police Interview as a Volunteer
Our client had been interviewed by the police as a volunteer. This means that she was not under arrest. Her answers to questions were still tape-recorded however, and would have the same value as evidence in court even though she was not arrested.
She had chosen not to have a solicitor present in interview. This might be an unfortunate effect of calling a suspect a volunteer – it perhaps creates an impression that the investigation or interview is somehow less important than when arrested. Legal advice and representation remains free under legal aid.
Denied assault allegation
In interview, she explained that she had seen the complainant parked up and asked her what she was ‘playing at’. At that time, the car window was fully wound up. The complainant stated that she had done nothing wrong, but then suddenly opened the car door and took off her seat belt.
The complainant started to move to get out of the car. Derek’s client maintained that her body language was aggressive. She believed she was going to be attacked so before she could get out of her seat she punched her once to the face. She did this because she believed she was going to be subject to an imminent attack.
Not guilty due to reasonable pre-emptive strike
At trial, both the complainant and Derek’s client gave evidence. Derek recognised that potential weaknesses in his client’s case of a reasonable pre-emptive strike were:
the motive that she had for assaulting the complainant
the complainant was hit while still in the car
Despite the problems, Derek’s client gave evidence well. Derek’s experience meant that he was able to address the Magistrates’ in a strong closing speech. The Magistrates’ went on to find his client not guilty.
Contact a Nottingham Criminal Defence Lawyer
If you have a difficult case that may turn on whether you instruct an experienced lawyer, then please contact Derek on 0115 9599550 or email him here.
Category Archives: News
Trainee solicitor Elliott Moulster
Trainee solicitor Elliott Moulster is through to the final of Nottinghamshire Law Society’s prestigious Hammond Cup advocacy competition following a strong performance in the first round.
The Hammond Cup is an advocacy competition open to any local trainee solicitor, pupil barrister and paralegal. Judges are local practitioners. They look for candidates who show clarity of expression, thoroughness and, of course, persuasiveness in the arguments that they put forward.
49th year of advocacy competition
The competition is in its 49th year so many well known names have taken part in the past. VHS Fletchers and previous firms Varley Hadley Siddall and Fletchers solicitors had a strong tradition of encouraging trainees to take part in the competition.
As a result, several of the staff at VHS Fletchers have taken part. They went on to qualify as criminal defence solicitors. These include Derek Brown, Andrew Wesley, Alex Chapman, David Gittins and Lauren Manuel.
Plea in Mitigation
For the first round, Elliott was asked to present a plea in mitigation for Nelson Muntz, a character from the Simpsons. Poor Nelson found himself before the Court charged with assault by beating.
The exercise was treated like a real Magistrates’ Court hearing and so took place in one of Nottingham Law School’s impressive mock courtrooms. Although the outcome of the sentence was not announced, Elliott clearly mitigated well on behalf of his client.
The argument that he presented was clear, reasoned and sensible. The judges were impressed enough to advance him to the final.
Final to be decided on 13 April 2017
The final takes place at Nottingham Law School on 13th April. Elliott will be tasked with preparing a full mock trial as he faces his fellow finalists. The competition will be strong but we have every faith in him to bring the trophy home!
A torch was recovered from the burgled premises. The inference to be drawn was that the torch had been left by whoever burgled the premises. Upon analysis, the DNA of Sarah’s client was found on the torch.
DNA link to offence
Of course a torch is a moveable item. As a result, DNA being on the torch was unlikely to lead to any irresistable conclusions. The DNA alone was unlikely to prove he committed a burglary.
As a result, the prosecution sought to bolster the evidence with applications to the court that other information be before the court. An application was made at a pre-trial hearing.
Bad Character and Hearsay Opposed
This additional information was intended to be in two forms. Firstly there was a bad character application to try and show that Sarah’s client had been responsible for similar offending in the past. The prosecution intended this to show a propensity for such offending.
Secondly, the prosecution sought to place hearsay evidence before the court that implicated our client in the offending.
Through careful preparation and argument on the key provisions Sarah was able to persuade a District Judge that neither piece of evidence should be admitted.
As a result the prosecution was left simply with the torch and DNA evidence. Although the prosecution had promised to review whether there was a reasonable likelihood of conviction, this review had not taken place by the morning of the trial.
Prosecution guidelines say case should be dropped
Anticipating this, Sarah had attended court with the Crown Prosecution Service’s own guidelines on charging in cases where the evidence was similar to this one. It was perhaps disappointing that the prosecution was surprised when Sarah referred them to the guidelines that suggested any charge would need to be supported by other evidence.
Sarah and her client were then even more disappointed at the time it took to review what appeared to be a straightforward point – in the event it was the entire morning.
Representation under criminal legal aid
Eventually, however, a decision was made to offer no evidence. Sarah’s client was found not guilty, the charge dismissed. He had the benefit of criminal legal aid that means that Sarah’s representation was free of charge to him.
Contact an Ilkeston criminal defence solicitor
Despite the lack of police station or court in Ilkeston, we have maintained an office in the town. We are now the only firm providing legally aided criminal law advice and representation. We hope that clients will see the benefit of this decision to them.
If you face a police investigation or court proceedings and wish to contact Ilkeston criminal defence solicitor Sarah Green then please telephone her on 0115 9441233 or email her here.Our Ilkeston office can be found here.
Category Archives: News
Nottingham crime solicitor Graham Heathcote
Notttingham crime solicitor Graham Heathcote recently represented two clients from the Nottingham Polish community who were charged with similar allegations of disorderly conduct, and one with two allegations of police assault.
Although both were convicted of the public order offence, there were not guilty verdicts for the police assault allegations.
Neither client had been in trouble with the police before. They decided, along with others, to stage an impromptu, unlicensed, boxing match in the street in the Forest Fields area of Nottingham. Unfortunately it all gets out of hand to the extent that a member of the public calls the police.
Three police cars attended the incident. One of the group, represented by another firm of solicitors, was arrested. The police wanted to arrest Graham’s client. The decision to arrest was based on the description of one of those involved. This was given by the eye-witness who called the police.
The police witnesses alleged that Graham’s client backed off and gestured as if he wanted to fight the police. It was then alleged that our client grabbed a female officer in a headlock, taking her to the ground. On the way to the floor it was claimed that he kicked a second officer.
Graham’s client pleaded not guilty to all of his charges. Nick’s client pleaded not guilty to the public order offence. Unfortunately, legal aid was refused for Nick’s client despite his good character and the challenge to police evidence. This is because the charge did not carry a prison sentence.
Legal aid was also initially refused for Graham’s client on the basis of his financial means. Graham pursued a hardship application with the Legal Aid Agency and legal aid was eventually granted to ensure his free representation before the court.
Pro Bono Representation
Unfortunately, the hardship application was not decided until two days before the trial. As a result, little time was left for preparation. Graham felt able, however, to represent the second client without legal aid on a pro-bono, or free, basis to ensure that he had a fair trial. As a result, this client did not have to pay for his representation.
Decisive evidence from cameras
CCTV footage was obtained from the street. Unfortunately the incident was in the distance. It was grainy and not helped by poor lighting. It did not appear to show a great deal of the incident.
Graham took the time to slow the footage down and was able to blow up the footage. If watched frame by frame the camera captured the police jumping on Graham’s client. They then took him to the floor before the incident disappeared from view behind a police car.
This footage alone cast doubt on the truth of the police allegation that Graham’s client was the aggressor and put an officer in a headlock. He would also have seemed to be too far away from other officers to kick any of them.
Graham’s second client had continued to film the incident on his mobile phone once it had gone out of view of the street CCTV. Although the police denied it, one of them was seen on the CCTV taking our client’s phone off him and then returning it. Our client maintained the officer deleted the footage.
Graphic footage retrieved from mobile phone
Nottingham Magistrates’ Court
The footage was able to be retrieved from the phone despite the police attempts to delete it. It showed the confiscating officer slamming our client’s head on the pavement. The footage was so graphic that the court usher was heard to gasp when it was played.
Of course, in part the prosecution case was dependent upon the truthfulness of this officer. This was the same officer who denied the confiscation of the phone and assaulting the client. This evidence was proved to be untrue.
The only type of camera footage missing was police BodyCam footage. Although six police officers in total attended and body cameras are now issued as standard to all front line officers apparently not a single officer was wearing one.
Not guilty of police assault
Although both clients were convicted of the disorderly conduct mater relating to their earlier behaviour, the client charged with police assault was found not guilty of both offences.
Contact a criminal solicitor in Nottingham
With the right representation (in this case free for one client) and preparation (even at short notice) police evidence can be successfully challenged. Here, if convicted, one of our clients was likely to be receive a prison sentence.
Choosing the right criminal lawyer who will properly prepare and present your can make the difference between guilty or not guilty verdicts.
If you are being investigated by the police or face court proceedings then Nottingham criminal defence lawyer Graham Heathcote can be contacted on 0115 9599550 or email him here.
Category Archives: News
Nottingham criminal defence solicitor Graham Heatchcote
It may have been surprising that two people of good character moving towards retirement should end up having to give evidence to a court about such a matter, but sometimes these things can allegedly get out of hand.
The complainant in the case maintained that when he had parked his van Graham’s client had approached him, claiming he had nearly been hit by the van. He was said to have used abusive behaviour. It was then alleged that Graham’s client had punched the complainant hard, causing his wife to step in and separate the two of them.
Although the complainant only alleged a single punch, his wife maintained that there had been not one but eight punches.
Free legal advice in police interview
Graham’s client had taken advantage of the free legal aid available to him to ensure advice and representation during interview. This was available even though he was not under arrest.
He answered questions in interview, claiming that he had nearly been knocked down by the van. Although words were exchanged no punched were thrown.
Nottingham Magistrates’ Court
All of the witnesses attended trial. Both the complainant and his wife give evidence. Their accounts were significantly different however, and these discrepancies were highlighted by Graham’s expert cross-examination.
In evidence Graham’s client repeated the account he gave in interview. He maintained that while in the services he had received an injury that even years later meant that he was unable to deliver a blow with any force.
Not Guilty – Client keeps good character
Having heard all of the evidence and Graham’s submissions the Magistrates’ found his client not guilty. As a result he kept his good character. Although he was not entitled to legal aid for representation, Graham was able to ask for the return of a significant portion of his agreed affordable fixed-fee costs by way of a Defendant’s Costs Order.
Contact a Nottingham criminal solicitor
Although the facts of the case are perhaps not overly remarkable, the way the trial proceeded and the fact of the not guilty verdict demonstrates the value of solid expert representation by an experienced criminal defence lawyer where reputation is on the line.
It also shows the benefits of securing the services of a solicitor who will represent you for an affordable fee or criminal legal aid to ensure that you have representation to ensure you secure the best possible outcome in court.
If you are being investigated by the police or face court proceedings then Nottingham criminal defence lawyer Graham Heathcote can be contacted on 0115 9599550 or email him here.
Kevin’s client was caught driving at 80 mph in an 50 mph speed limit. Kevin’s advocacy skills and ability to use modern technology, enabled the client to keep his driving licence, leaving court with a fine and penalty points.
This case, perhaps better than most, demonstrates the benefits of instructing a local motoring solicitor. Kevin has worked as a criminal defence solicitor in Chesterfield for many years and knows the roads around Chesterfield, including into High Peak, very well.
Benefits of a local Chesterfield Motoring Lawyer
Kevin’s client told him that he had been caught speeding whilst driving on the Snake Pass between Chesterfield and Manchester. Kevin was immediately able to recognise the seriousness of the situation.
Snake Pass winds its way through the High Peak with very limited opportunities to overtake other road users. Drivers are regularly driving at less than the stated 50 mph. The road is regularly used by farm vehicles and haulage companies. This leads to drivers becoming increasingly frustrated during their journeys. There are often accidents which leads the police to monitor the road closely.
Kevin’s client was running late and took an opportunity to overtake another vehicle. In doing so he accelerated to 80 mph and was caught by a Police mobile camera. The client did not dispute the reading and indicated to Kevin his desire to plead guilty at the very first opportunity in order to gain maximum credit and demonstrate his remorse. In retrospect he appreciated the potential danger he created with this manouever.
Our client required his vehicle for work. Kevin had to make his client aware that due to the level of speed the Court would consider imposing a driving ban of up to 56 days.
Use of Click Share Technology to Present Mitigation
Chesterfield Magistrates Court
As a Chesterfield motoring solicitor, Kevin knew that the local Magistrates would also know the road in question. They would be concerned by the driving. The road is extremely long, however, and where the offence took place was potentially important to the sentencing decision.
As a result Kevin located the area of the incident on his laptop. He was show this to the sentencing Magistrates via the Click Share system. He demonstrated that whilst the speed was excessive, it was along one of the straighter parts of the road rather than during the more twisty stretches of the road.
Penalty Points and no driving ban
As a result of his knowledge, Kevin was able to present his client’s case in an extremely effective way. This, in combination with his expert presentation of personal mitigation, led to the Magistrates’ taking a lenient approach. Kevin’s client received a fine and penalty points but no driving ban. This meant that he was able to keep his employment and was understandably delighted with the outcome.
Contact a Chesterfield Motoring Solicitor
If you require the advice and representation of an expert motoring solicitor then please contact Kevin at our Chesterfield office on 01246 283000 or email him here. Details of our Chesterfield Office can be found here.
Kevin can provide you with detailed and affordable advice as to whether you are able to challenge the prosecution evidence relating to your road traffic offence, or how you are likely to be sentenced following a guilty plea.
Category Archives: News
Mansfield criminal defence solicitor Tim Haines
Mansfield crime solicitor Tim Haines recently used all of his experience to secure a not guilty verdict in a domestic violence trial. The case required sensitivity and a clear trial strategy.
During an acrimonious relationship breakdown, Tim’s client was charged with an allegation of common assault. He was said to have slapped his son in the presence of his estranged wife.
In interview and thereafter, Tim’s client always maintained his innocence. He claimed that it was a false allegation designed to make sure he had to leave the matrimonial home.
Special Measures for Child Witness in Domestic Violence Trial
Tim knew that this had the potential to be an emotive trial. Special Measures were granted to help the young witness give his best evidence. This meant that he appeared in court over a video link. Although it was a distressing experience for him, Tim had to ask him questions about the incident to test whether witnesses were telling the truth.
Our client’s wife then gave evidence about the incident.
She was followed by Tim’s client who gave evidence on his own behalf along with a character witness.
Tim was then able to address the Magistrates’ as to the evidence in the case. His client had been consistent in his account to both the police and the court, and was helped by the evidence of good character that he was able to provide.
Not Guilty Verdict and No Restraining Order
Mansfield Magistrates’ Court
On the other hand, there were inconsistencies in the evidence of the young witness and our client’s wife that were significant and not easy to explain away.
As a result, after full deliberation, the Magistrates’ were not persuaded that the prosecution had proved the case to the criminal standard of proof. They were not sure that Tim’s client had assaulted the child so was found ‘not guilty’.
Contact a Criminal Defence Solicitor in Mansfield
Allegations of domestic violence are treated seriously by the courts. They also need handling with sensitivity. The law can be complex, particularly where the prosecution do not seek to rely on the complainant’s evidence.
As a result, if you are arrested or know that the police wish to speak to you about an offence of domestic violence make sure you insist on your right to free and independent legal advice.
Tim Haines can be contacted on 01623 675816 or by using the form below.
Contact
Category Archives: News
Derby crime solicitor Nick Wright
Experienced Derby Crime solicitor Nick Wright recently represented a vulnerable 12 year old client charged with a serious sexual offence involving another child. He appeared before Derby Youth Court.
As a senior solicitor, Nick had the knowledge and ability to be able to deal with such a serious case that would, in the case of an adult, be before the Crown Court.
Case Remained in Derby Youth Court
Nick was able to support an argument that his client’s case remain before the Youth Court. This was likely to mean that the proceedings were less formal and would be less stressful for both his client and any young witnesses who had to attend court.
A case of this sensitivity involved numerous meetings between Nick, the client and his family. It was identified at an early stage that Nick’s client would benefit from an assessment by a child psychologist. The report prepared confirmed that if the matter proceeded to trial Nick’s client would need the benefit of a trained and registered intermediary so that our client would be able to follow proceedings properly and give evidence, if necessary, to the best of his ability.
Child Psychologist and Registered Intermediary Instructed
Derby Magistrates’ Court
As the case progressed and the assessments were completed, Nick continued to meet with the family and his client. As Nick was able to explain the evidence to his client, his client’s account began to change. By the end of the process it was clear that he was admitting some but not all of the offending alleged against him.
Nick was able to use his judgement to decide that owing to his client’s vulnerabilities this did not seem like a case where anyone would expect to see his client in custody. As a result, it seemed likely that the prosecution would be prepared to proceed on the basis of what the client accepted.
Agreed Basis of Plea leads to Referral Order
As a result Nick negotiated with the prosecution pleas to a single offence, and on a basis of plea that reflected what his client accepted doing. This was accepted by the prosecution and the District Judge managing the case.
Taking into account the reports obtained during the case, and with input from the Youth Offending Team, the District Judge sitting at Derby Youth Court imposed a Referral Order for the offence. This is an order designed to intervene in a young person’s life to try and ensure that there is no further offending.
Contact a Derby Criminal Solicitor
If you are being investigated by the police or face court proceedings then please contact Derby criminal defence lawyer Nick Wright on 01332 546818 or email him here. If you face proceedings elsewhere then you can find your local office here.
Category Archives: News
Derby criminal defence solicitor Nick Wright
Derby crime solicitor Nick Wright recently represented a client who had been subject to a ‘postal requisition’ bringing him before Derby Magistrates’ Court for an allegation of Disorderly Conduct.
The system of postal requisition has replaced the old summons in order to commence court proceedings. Strict time limits apply to many cases.
Case commenced by postal requisition
The allegation was one that perhaps ought to have been given priority by the police. It involved an allegation from a local Member of Parliament who maintained that a vehicle had been driven past her while she was attending to her bins. The driver, as the vehicle went by, was said to have shouted ‘I hope you die’, swearing and using additional abusive language.
Derby Magistrates’ Court
The complainant had the presence of mind to take the registration number of the vehicle as well as its description, and was able to describe the driver.
The police believed that the incident arose due to the MP’s political beliefs.
Admitted Presence
On arrest, Nick’s client admitted that he was the driver of the vehicle, accepted that he had been shouting, but denied that he was shouting at the MP. He denied knowing she was on the road, and stated that the shouting was during an argument and the circumstances meant that he was not guilty of the offence.
Always read the small print
There was not an opportunity for the matter to be argued at trial. As the charge could only be dealt with in the Magistrates’ Court it was subject to a 6 month time limit to start proceedings. In fact, proceedings were authorised nearly a month after this time limit expired. As a result, once Nick identified this as an issue and spoke with the prosecutor, the prosecution had no alternative but to withdraw the charge.
Contact a Derby Criminal Defence Solicitor
If you are being investigated by the police or face court proceedings then you will need a solicitor to take the time to examine all of the evidence, including whether a postal requisition has been properly issued in time.
