Our team has secured a not guilty verdict following a six day trial at Sheffield Crown Court. Trainee Solicitor Jenna Downey prepared the case for trial and liaised with the client and his family. Mr Damian Warburton of Square 17 Chambers was instructed counsel for trial.
This blog explains what we did and how we supported our client throughout.
We were instructed to represent our client for trial, after he had been charged and had entered his pleas at the Magistrates Court. He made the decision to instruct us on a private basis, removing his right to legal aid and opting for specialist representation.
Our client was accused of the following offences:
- Intentional strangulation x4
- Controlling or Coercive Behaviour
- Making a Threat to Kill
- Threatening to Destroy or Damage property
- Assault by Beating
The Allegations
What is Intentional Strangulation?
Non-fatal strangulation is now recognised as a serious standalone criminal offence under the Domestic Abuse Act 2021. Allegations of strangulation or suffocation are treated as high-risk domestic abuse cases and are frequently charged as indictable offences before the Crown Court.
Strangulation involves compression of blood vessels or airways through external pressure applied to the neck, affecting normal breathing or circulation.
The offence focuses on intentionally affecting the victim’s ability to breathe. The prosecution must prove that the defendant intentionally strangled or applied pressure. The victim does not need to become insensible, and there does not need to be medical evidence of bruising or marks.
What is Controlling or Coercive Behaviour?
Section 76 Serious Crime Act 2015 (SCA 2015) created the offence of controlling or coercive behaviour in an intimate or family relationship. It can be tried summarily (in the Magistrates Court) or on indictment (in the Crown Court) and has a maximum penalty of five years’ imprisonment.
There are many courses of conduct which can amount to coercive or controlling behaviour, and they usually have to have been happening repeatedly over a period of time. Some examples include;
- Isolating a person from family or friends
- Taking a persons wages or benefits from them
- Depriving a person of basic needs
- Monitoring their time
- Checking their mobile phone
- Repeatedly putting a person down, telling them they are worthless
- Family dishonour
- Threats of violence or sexual violence.
The behaviour must be proven to have had a serious affect on the complainant and that the accused knew this would be the case.
What is Making a Threat to Kill?
Making a threat to kill is a serious criminal offence under section 16 of the Offences Against the Person Act 1861. The circumstances of such offences can very considerably and I have found that while some people may consider this to be ‘only words’ or ‘an empty threat’, the law takes such statements very seriously, particularly when they cause genuine fear.
What is Threatening to Destroy or Damage Property?
An offence contrary to section 2(a) of the Criminal Damage Act 1971, a person is guilty of if they threaten with the intention of the other person fearing it would be carried out, without lawful excuse, to destroy or damage property.
What is Assault by Beating?
An assault is any act (and not mere omission to act) by which a person intentionally or recklessly causes another to suffer or apprehend immediate unlawful violence.
The time limit for prosecuting common assault or battery in domestic abuse cases is two years, unlike cases which apply in non domestic settings where the time limit is 6 months.
Trial Strategy for Not Guilty Verdict
Consideration of all Evidence
The first and an important step was for us to understand the prosecution case, and to make sure our client understood the evidence being used against him. We gained access to all material and undertook a thorough no stone unturned approach to examining it. This also included material which formed part of unused evidence- evidence gathered during the police investigation against our client which was ultimately not being relied on by the prosecution but may assist the defence.
Obtaining Defence Evidence
Having discussed the case against our client with him in depth, and by ensuring he understood the evidence being used against him, we were able to formulate a defence strategy, this opened up lines of enquiries for us to take on our client’s behalf including but not limited to; taking witness statements, obtaining recordings and footage and also obtaining his mobile phone seized by the police under s.21 Police and Criminal Evidence Act for examination by us.
Bad Character Applications
We made an application to admit bad character of the complainant, specifically the use of drugs and alcohol.
A non-defendant bad character application in criminal proceedings is an application made by the prosecution (or sometimes a co-defendant) to introduce evidence of a witness’s or other non-defendant’s previous misconduct or criminal behaviour.
Its purpose is to show that the person has a history of dishonesty, misconduct, or relevant bad behaviour, which may affect their credibility or reliability as a witness.
Unlike defendant bad character evidence (which is tightly controlled under the Criminal Justice Act 2003), evidence about non-defendants is governed mainly by common law and the court’s discretion, and it will only be admitted if it is relevant and its probative value outweighs any unfair prejudice.
In short: it’s an attempt to tell the court “this witness has a bad history that matters to whether they should be believed.”
Half Time Submission of No Case to Answer to
During the complainant’s evidence there was a material change to one of the allegations of intentional strangulation, defence counsel Damian Warburton, noted this and successfully made a half time submission.
A half-time submission in a criminal trial is a legal argument made by the defence at the end of the prosecution case, before the defence decides whether to call evidence.
The defence is essentially saying to the judge: “Even taking the prosecution’s evidence at its highest, there is no case to answer.”
If the judge agrees, they will stop the case at that point and direct a not guilty verdict without hearing any defence evidence.
It’s called “half-time” because it happens halfway through the trial—after the prosecution has finished but before the defence presents its case.
Instruction of Expert Report
Our client had sadly suffered a stroke prior proceedings rendering his ability to recall events. We instructed a expert Neuro Psychologist to provide a report on how this may impact proceedings. Our client was deemed fit enough and therefore, gave evidence at trial.
Enquiries with Family Court
During the preparation of the case it became apparent that there had been family court proceedings relating to the complainant and her children. In some instances what happens in proceedings in one court can be fundamental in assisting with proceedings in another court. With domestic and sexual abuse cases, the presence of family court proceedings is common and although it was eventually deemed irrelevant in this case, we often find helpful material in most cases.
Commitment to Our Client
Our client was remanded into custody whilst he awaited trial however, we held face to face, video and telephone conferences with our client. We kept his family members informed and worked to support them throughout the trial preparation process.
At Eventum Legal we understand the impact on not only the accused but family and friends directly affected, with our client’s consent we aim to look after all involved and impacted by allegations whilst we strive to prove innocence and obtain not guilty verdicts.
Not Guilty Verdict
Following a six day trial, which involved complex legal arguments, careful cross examination of the complainant and legal submissions, our client was found not guilty of all offences he was charged with and ultimately released from custody.
Contact Us Today!
If you are facing allegations of a domestic or sexual nature then contact our team today for a free initial consultation. We can take your case at any stage of investigation or court proceedings, and will apply a committed and pro-active approach.