Chesterfield Crime solicitor David Gittins was recently instructed  by a client who faced an allegation of assault in a domestic setting.  The case was heard before Chesterfield Magistrates’ Court.

The case called for thorough and diligent preparation.  This included the development of a complex legal argument at a very late stage.  The argument resulted in the prosecution choosing not to pursue the case further.  David’s client had the benefit of a not guilty verdict.

We had represented our client during the investigation stage and David conducted the case before the Magistrates’ Court.

The Allegation

In November 2016 the David’s client was at his home address with his then partner.  An argument began which lasted several hours began. During the argument our client was said to have headbutted the complainant on 3 occasions and tried to bite her to the neck.

David’s client left the address and the police were called immediately by the complainant.  She had a visible injury to her head.

Full Account in Interview

When spoken to by the police, our client accepted that he had been present but had a different version of events.  He said that upon telling his partner during the argument that he was going to leave the property and see a friend the complainant attacked him.  She pushed her head into his, and our client had to push her away so he could leave.

He was again prevented from leaving by being pulled backwards.  Our client again pushed her away fearing a further attack. He said he acted in reasonable self defence and he was in fact the victim.

This account was given in police interview when he was represented by accredited police station representative Rob Lowe.

The Trial

There were no other witnesses to the incident, so David set out to locate information gathered during the police investigation that would strengthen his client’s case.

David obtained a copy of the photograph taken of his client on arrest.  This and the custody record showed that he had no markings to his face supporting the idea that he had headbutted his partner.

Bad Character Evidence

Additionally, David attempted to secure information relating to an earlier incident from August 2016 when his client had called the police alleging that he had been assaulted.  Secondly David wrote to the CPS asking for information about an incident from August 2016 when the Defendant had called the Police alleging that the complainant in this matter had assaulted him.  This might support his client’s account in this case.

This information arrived very late.  This meant that David had to immediately draft an application for his bad character evidence to go before the trial court.  Although the prosecution responded, the response was supplied late and did not contain all of the information that it should.  The hearing was adjourned to the morning of the trial.

The additional information served was previous court decisions.  In fact, they did not help the prosecution.  David addressed the court on the application and this case law.  The court ruled in his client’s favour.  As a result, David was able to ask the complainant about this earlier incident.

Perhaps knowing that David’s client was in the right, the complainant did not attend court for the trial at Chesterfield Magistrates’ Court.  Although the prosecution could have applied to adjourn the case, the work that David had done persuaded them not make the application.  No evidence was offered and he was found not guilty.

Client Feedback

David’s client was very pleased, with this outcome, and after the hearing took the time to send David an email thanking him “for everything and the support you’ve provided in the case.”

Funding

David’s client did not have the benefit of legal aid for his case before Chesterfield Magistrates’ Court.  This was because his income was too high.  He therefore instructed David on a private basis. David gave a realistic and affordable quote from the outset with the Client being kept informed throughout by email, phone and office appointments.

At the conclusion of the David was successful in securing a Defendant’s Costs Order meaning that David’s bill would be paid out of Central Funds by the government and cost the Defendant nothing.

Contact David Gittins for Chesterfield Magistrates’ Court

Should you wish to contact Chesterfield crime solicitor David Gittins, please telephone him at our Chesterfield office 01246 283000 or email her here.