Nottingham Solicitor Advocate Phil Plant secured a conditional discharge for his client who was originally charged with affray before Nottingham Crown Court. Two co -accused faced the affray charge and charges of assault occasioning actual bodily harm. The case was prepared by senior crown litigator Caine Ward.
Late Night Incident in Drink
The incident took place in a fast food restaurant in Nottingham. Both sides of the incident had been drinking after a night out in the city centre. Phil’s client was with his parents and his uncle.
In the restaurant words were exchanged with the co-accused. The CCTV obtained by Phil showed that his client had been involved in the early part of the incident.
As a result of his behaviour he was manhandled out of the shop by security staff.
In the meantime a melee broke out involving the co-defendants. They assaulted our client’s father by punching him. This led to him being knocked out by one co-accused and then whilst on the floor being stamped on by the other co-accused.
Phil’s client was still being restrained at his point, but made threats towards the co-defendants.
Plea to a Lesser Charge
The Crown accepted a plea from Phil’s client to an offence under s4 Public Order Act. Phil negotiated this plea on the basis that our client had offered the threats after his father had been knocked out.
In relation to the incident as a whole, thankfully our client’s father made a full recovery.
Conditional Discharge Imposed
Following argument persuasive mitigation from Phil, the Recorder was prepared to deal with his client separately from the two co-accused, ending the ordeal of court proceedings. He felt able to take the very unusual step of imposing a 12 month conditional discharge. If his client is in further trouble during the period of the discharge he can be re-sentenced for the original allegation and any fresh offence. Otherwise the conviction is ‘spent’.
Often the prosecution and court need persuading to look at alleged offence realistically and sympathetically. As a result you will need a persuasive specialist advocate. If you wish to instruct us or seek initial advice then please telephone Phil or Caine on 0115 9599550 or email them here.