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.