Nottingham crime solicitor Alex Chapman represented a client at Nottingham Magistrates’ Court. The allegations arose out of an alleged road rage incident.
The case proceeded to trial and after witnesses had been called Alex addressed the Magistrates on the evidence. Our client was found not guilty.
The Allegation
It was said to be a road rage incident. The complainant and Alex’s client were said to have pulled over in their vehicles. They then got out of their cars and confronted one another.
The complainant told the Court that our client punched him twice without provocation. Alex’s client denied punching the complainant in his police interview. Instead he said that he did have to push him backwards to defend himself. This was only after the complainant had tried to punch him first.
Command of the evidence allowed focused questions
Alex’s command of the evidence allowed him to cross-examined the complainant in detail. In particular he asked him about several comments he had made to the police in his statement. He had not repeated them in court.
For example, he had stated that when he got out of his car his ‘blood was up’. He accepted that he had been swearing at our client. The complainant also said that he practised mixed-martial-arts. A belief had been expressed that he could have ‘wiped the floor’ with our client if he had wanted.
These comments were capable of raising a doubt as to who was the aggressor. The Magistrates might be suspicious of the complainant’s motives for withholding this information.
The complainant’s wife gave evidence as well. Under careful cross examination Alex brought out a number of discrepancies. The effect of this was to cast substantial doubt over the Prosecution case.
Our clients was a victim of road rage
Alex’s client gave evidence. He explained that his wife, mother-in-law and two young children were present at the scene. The Court was told Court that the Complainant had been acting extremely aggressively. The complainant swung a punch at him first so he had little choice but to push him away.
Our client’s wife also attended to give evidence, Although extremely nervous, she gave an account entirely consistent with that of her husband.
Burden and standard of proof
In order to convict our client the Magistrates’ had to be sure of his guilt. He did not have to prove anything. Alex addressed the Magistrates in his closing speech. Discrepancies in the Prosecution case were highlighted to the Court. Alex reminded the bench of the level of aggression expressed by the complainant in his original police statement.
It appeared that the complainant had been unable to contain his own bravado when he had spoken to the police officer. This revealed the truth of the incident.
In the circumstances Alex’s client had little reason to have punched the complainant without provocation as described.
On considering all of the evidence the Magistrates decided that Alex’s client was not guilty.
Free legal aid funding
Alex’s client was financially eligible for legal aid to ensure his free representation before the Magistrates’ Court.
Contact a Nottingham criminal defence lawyer
If you are under investigation by the police or face court proceedings then you will want to seek expert advice and representation in your case.
The trial here was at Nottingham Magistrates’ Court. Alex’s client lived in the Chesterfield area. Alex was able to see him at our Chesterfield office to prepare his case. This prevented a lengthy, expensive and inconvenient journey for him and his family. We will always seek to prepare your case in the most convenient manner for you.
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