Chesterfield Trial Not Guilty Verdict
Chesterfield Criminal solicitor David Gittins recently successfully defended his client at trial before Chesterfield Magistrates Court. He had been charged with an offence of burglary with intent to steal.
Blood from David’s client had been found at the point of entry into the property and he had no account to give as he did not remember anything about the incident.
Despite this, David’s meticulous examination of the evidence and knowledge of the law meant that he was able to out forward an argument that allowed the Magistrates’ to find him ‘not guilty’ in less than ten minutes.
The Allegation
The allegation involved staff at a garage leaving premises secured overnight but returning to discover that they had been broken into. There was damage to a door, window and the roof. The police discovered that whoever had gained entry had cut their hands as there were bloody hand prints left at the point of entry. This blood was traced to David’s client through the DNA database.
In interview, following arrest, our client accepted the blood must be his but due to the amount of alcohol he had drunk that night could not recall the incident or why he was there.
The Crown Prosecution Service decided to charge the him on the strength of this evidence. David immediately identified that whilst there was clear evidence that the Defendant had damaged the doors and entered the property, there was no evidence that suggested an intention to steal.
In fact, several aspects of the evidence would suggest otherwise:
- No untidy search you would expect to find at a burglary
- Nothing within the property had been moved
- No cash register or storage units within the property had tried to be opened
- No evidence that the Defendant had been disturbed and left
Prosecution Refuse Reasonable Suggestion
As a result David correctly advised his client that it was unlikely that the prosecution could prove the offence of burglary with intent. Evidence was there, however, to prove an allegation of criminal damage. A plea to this offence was offered but rejected by the prosecution at the first hearing.
Not Guilty in Ten Minutes
No witnesses were required to give evidence at trial. David’s client decided that he would not give evidence either. David’s submissions highlighted the weaknesses in the prosecution case in relation to proving intent. The Magistrates took no time at all to decide that the prosecution had not proved its case.
Further, due to the Crown’s insistence that there be a trial, David’s client escaped prosecution for the criminal damage offence that he would have freely admitted.
It is extremely important that clients instruct solicitors who are prepared to analyse properly evidence and instructions. David had previously represented the same client with similar results. At VHS Fletchers we appreciate the need to provide continuity of representation not only in relation to current cases but also in the future.
Funding
Our client had the benefit of legal aid. This means that our advice and representation of him was free of charge to him.
Contact David Gittins
Should you wish to contact Chesterfield crime solicitor David Gittins, please telephone him at our Chesterfield office 01246 283000 or email him here.
