Successful week at Chesterfield Magistrates’ Court for Denney Lau
Clients of Chesterfield crime solicitor Denney Lau have had a successful week before Chesterfield Magistrates’ Court.
Successful exceptional hardship argument
Denney’s client was guilty of failing to notify the details of a driver when required to do so by the police. Unfortunately he already had ten penalty points on his driving licence. As a result, the minimum of six penalty points that would be imposed for the new offence would make him liable for a disqualification for a minimum of six months under the totting up procedure.
To avoid this, Denney successfully argued before the Chesterfield Magistrates’ Court that his client would suffer exceptional hardship if he was to be disqualified. Although any disqualification is likely to lead to hardship, in this case our client would not only lose his employment as a driver but also his home. He would be unable to continue with the additional responsibilities that he had for his grandchildren.
Our client was relived that he was able to keep his driving licence although it now had sixteen penalty points upon it.
Not guilty of driving whilst disqualified
Two days later, Denney represented another client who was standing trial at Chesterfield Magistrates’ Court in relation to an allegation of driving whilst disqualified.
A police officer had intelligence suggesting that our client had been using a particular vehicle whilst disqualified and therefore without insurance. The police saw the vehicle. There was a pursuit and when the vehicle came to a halt three people ran away from the vehicle.
The officer claimed that he was sure that the driver of the vehicle was Denney’s client. This was disputed at trial.
Challenging police evidence can often be difficult. It is the case that Magistrates are often more persuaded by the evidence of an officer than by that of a defendant. Denney conducted his own research into the credibility of the officer in question. He found that the officer had appeared before the police disciplinary panel for misconduct recently. That misconduct was that he had deliberately made a wrong entry onto the Police National Computer. As a result the officer had received a warning about his conduct.
In order to have this information before the court, Denney had to make a successful bad character application. Aside from cross-examining the officer about the disciplinary finding, Denney also asked him detailed questions about the difficult circumstances of the identification.
After considering the evidence in the case the magistrates found our client not guilty of the offences.
Denied shop theft allegation
Four days after that a different client stood trial at Chesterfield Magistrates’ Court in relation to an allegation of shop theft. In this case a store manager claimed that he had witnessed a theft, identified our client from CCTV and then given chase before our client left the scene in a vehicle.
Our client had, unfortunately, chosen not to take advantage of our free and independent advice in police interview. He had, however, stated that he did not recall being involved in such an incident.
In preparation for what could be a difficult trial Denney closely examined the CCTV footage. He discovered that the offender’s face could not be seen. As a result, this cast doubt on the identification made by the store manager.
In his closing speech, Denney argued that the Magistrates needed to examine closely the circumstances in which the identification was made. Mistakes can be made in recognition of close relatives and friends can sometimes made be made.
Again, having heard Denney’s argument and considered the evidence the court found his client not guilty.
Seek our representation before Chesterfield Magistrates’ Court
You can ensure that you are represented by Chesterfield crime solicitor Denney Lau by phoning 01246 387999 and making an appointment to see him. Contact him in advance of any police interview or court appearance and if he is available then he will be with you, or make arrangements for one of his experienced colleagues to attend instead.
Alternatively you can use the contact form below.