Tag Archives: mansfield

News

Cannabis Production Plea in Mansfield

Mansfield crime solicitor Tim Haines represented a client for an allegation of production of cannabis recently.  Although there were only 8 plants discovered, they were found in situ with a sophisticated hydroponic system, cash, mobile phones, scales and what the police alleged were dealer lists.

As is common, the police had sought a statement from a police expert who maintained that all of these items of evidence were important, and in combination he was sure that the client was involved in the commercial supply of cannabis.

VHS Fletchers Cannabis

If that was the case, the sentencing guidelines for production of cannabis would place the client as having a significant role in a category 3 offence.  This would mean that the starting point on sentence would be 12 months custody, within a range of 6 months to 3 years.

Tim took full instructions from his client.  These were that the client was a cannabis user himself, and although he accepted supply to others, this was only to a limited number of people who were his friends and also cannabis users.

These instructions were at odds with the Crown expert.  As a result, there was a risk that the client, even on entering a guilty plea, would end up before the Crown Court for a hearing to decide the basis on which he would be sentenced, and for eventual sentence.  This would add to the client’s understandable anxiety as the proceedings became protracted.

Tim’s experience and familiarity with such cases meant that he was able to engage in credible negotiations with the prosecutor.  He was able to persuade the prosecution to disregard the conclusion of its own expert, and instead to proceed to sentence on the basis of his client’s account.

Carefully prepared mitigation built on the concession by the Crown and Tim was able to persuade the Magistrates that the case could be kept in their court.  Instead of a custodial sentence, a community order with unpaid work was imposed.  Confiscation proceedings were not pursued.

Cannabis Production Mansfield Solicitor
Mansfield Magistrates Court

Tim was able to represent the client under the government funded legal aid scheme which means that his representation was free of charge to his client.

If you are to be interviewed by the police or face charges for drug related offences please contact your nearest office.  Alternatively you can email us here.  If you wish to speak to Tim directly then telephone 01623 675816 or email him here.

News

Domestic Violence Trial in Mansfield

Domestic violence cases are frequently before the court for trial.  Domestic violence is defined as any incident or pattern of incidents of controlling, coercive, threatening behaviour, violence or abuse between those aged 16 or over who are, or have been, intimate partners or family members regardless of gender or sexuality.

The abuse can encompass, but is not limited to:

  • psychological
  • physical
  • sexual
  • financial
  • emotional

abuse.

In many cases a client may have unrealistic expectations as to whether a witness, who he or she might still be in a relationship with, will attend court to give evidence against them.

Witnesses will often respond to a Crown request for their attendance, and of course ultimately the prosecution can ask that the witness be forced to attend.  Over the years the prosecution have resorted to the latter course of action more and more frequently, particularly in Crown Court cases. In some cases the evidence may permit the prosecution to proceed without the complainant.

If a client is sentenced for such an allegation, the court will take into account the seriousness of the assault, the stage at which admissions (if any are made), the wishes of the complainant (although these are not decisive) and the client’s attitude to the offence.

Particular sentencing considerations are set out here.

As a result, if a client is to embark upon a trial it is very important to them that they win.  In a recent case dealt with by Mansfield Solicitor Tim Haines his client faced an allegation of assault.  During an argument with his partner in the home it was said that he had pushed and shoved his partner, and taken hold of her.  The allegation was aggravated by the fact that his young child was said to have been present.

Tim’s client had always maintained that the incident had not happened and it had been fabricated by the complainant to support orders being sought in the family court.  The challenging of evidence in those terms may often be difficult, but in this case our client was helped by the fact that he was of previous good character.

This was important as it would be potential evidence that Tim’s client was less likely to have committed the offence and more likely to be telling the truth about what happened.  Rather than simply rely on this Tim chose to call two character witnesses to give evidence to the court about his client’s character, usual demeanour and in particular how he conducted himself in his relationship.

The District Judge found this a difficult case as both the alleged victim and Tim’s client were credible witnesses.  Applying the burden and standard of proof, and putting weight on our client’s good character, the Judge could not be sure that he had committed the offence and the client was found not guilty.

Tactical considerations that can only come from an experienced trial advocate such as Tim can often be key when deciding how to present a case before the courts.  This is true whether the case is a trial or a sentencing hearing.  You can be sure that Tim will be alive to all of the possible outcomes of the various strategies that can be adopted and give you the best advice in your particular case, as he did in this one.

Should you wish to discuss a case involving domestic violence with Tim then please make an appointment to see him at our Mansfield office by telephoning 01623 675816 or email him here.

Mansfield Domestic Violence Trial

News

Mansfield Solicitors Receive Praise

Our Mansfield solicitors received individual items of positive feedback from clients they have represented within the last week.

Melanie Hoffman assisted a client at trial who was charged with Assault Occasioning Actual bodily harm.  The allegation arose out of a long-standing neighbour dispute, and was said to have been a prolonged assault resulting in a fracture.

The trial involved cross-examination of three prosecution witnesses, all of whom gave evidence that Mel’s client had assaulted the complainant in various ways.  Careful preparation meant that Mel was able to highlight all of the inconsistencies between these  witnesses.  Mel was also able to highlight to the Magistrates and the prosecutor that the injuries were not supportive of a charge of causing Actual Bodily Harm.

As a result, although the client was found guilty of an allegation of common assault, he was found not guilty of the more serious charge.  Despite having had a trial, Melanie put forward mitigation that allowed the Magistrates to deal with her client by way of a financial penalty only.

Her client was very pleased as he provided a prompt and full testimonial , stating that Mel was ‘outstanding in Court today’.  He went on to say that of other Mansfield solicitors she was ‘the best solicitor I have ever come across’, maintaining that she was ‘tremendous’, fighting for him in court and secured ‘the best result’.

Separately, solicitor Tim Haines represented a client for a drink drive charge.  She was 3 1/2 times the legal limit to drive, and her driving resulted in a road traffic accident with a stationary car, leading to her own car being written off. Tim’s client had never appeared in court before.

Guidance for sentence in such cases is now easy to find.  The sentencing guidelines can be found here.  Tim’s client had researched the position and was understandably worried about the likelihood of a prison sentence.

Tim spent the time with the client that was needed to ensure she provided him with all of the mitigation relevant to her case.  It became clear that she was particularly vulnerable, and the offence reflected a culmination of various malign factors in her life.

Tim was able to ensure that the Magistrates fully understood the careful mitigation he put forward, and how if affected culpability and the likelihood of re-offending.  In the event, rather than receive a starting point sentence of 12 weeks’ custody, the court dealt with Tim’s client by way of a community order with a rehabilitation element only.  The inevitable disqualification could be reduced if the client undertook the relevant course.

Another prompt testimonial reflects well on Tim’s people skills as well as his advocacy – ‘I wanted to thank you for your support at court this morning. I realise you spend a lot of time in that environment but for me it was a first and last. You helped me through an extremely nerve-racking situation with professionalism and compassion and I wouldn’t hesitate to recommend you to any other person I know should they find themselves in a similar situation. Thank you again.’

Neither client was  financially eligible for Magistrates’ Court legal aid.  Both were able, however,  to afford to be represented by our Mansfield solicitors who made a difference to their cases by way of an agreed and affordable fixed fee.

Options for funding your case can be found here.

If you wish advice and representation for any criminal matter please contact your nearest office.  Mel can be contacted by email here and Tim can be contacted here.

VHS Fletchers Mansfield Office