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Client Accused of Assaulting Wife During an Argument Over Dogs Wins His Appeal

Hill Twine Solicitors & Barristers was instructed by JS to represent him in an appeal against conviction for an offence of assault by beating. We had not represented him in the magistrates' court proceedings when he had been found guilty after trial. Read on to learn more about how we secured a successful outcome for our client.

Hill Twine Solicitors & Barristers was instructed by JS to represent him in an appeal against conviction for an offence of assault by beating. He had not been represented by us in the proceedings before Poole Magistrates’ Court and was found guilty after a trial. JS had been accused of assault by his wife (the complainant). Although the couple were separated and going through divorce proceedings, they still lived together. An argument ensued after the complainant had left their dogs alone during a weekend away with her new partner. Although JS accepted having a verbal argument with the complainant, he denied assaulting her in the manner alleged.

JS was not legally represented for the trial in the magistrates’ court, although the court had appointed an advocate to cross-examine the complainant on his behalf. After hearing evidence, the court found him guilty of assault and sentenced him to 8 weeks imprisonment, suspended for 12 months.

How Did Hill Twine Deal with the Appeal Against Conviction Proceedings?

JS approached Hill Twine Solicitors & Barristers to represent him in the appeal against conviction proceedings in Bournemouth Crown Court. An appeal from the magistrates’ court is dealt with by the Crown Court and is a full re-hearing of the evidence. This means that the trial takes place again, this time before a Crown Court judge and two magistrates.

An argument ensued after the complainant had left their dogs alone during a weekend away with her new partner

As JS had not been previously represented, Hill Twine prepared the case from scratch. As part of this, we took full instructions from the client to understand what his view of the prosecution evidence was, as well as to understand what he said happened on the night in question. We also obtained and reviewed the file from the solicitor who represented the client at his police station interview.

To deal with the advocacy in the Crown Court we instructed barrister Hannah Douglas from 12CP. It took some time for the appeal to be heard due to the backlog of cases in the Crown Court and problems finding prosecution counsel, a far from ideal situation for anyone.

The appeal hearing took place in July of this year. The complainant’s evidence was that our client had assaulted her during an argument, pushing her against a wall and grabbing her chest/shoulder area. Our client’s evidence was that a verbal argument had taken place, but there had not been any physical contact.

The outcome of this appeal demonstrates why it is so important for people to be represented in criminal proceedings

As a result of the case preparation and Miss Douglas’s advocacy, the Crown Court did not uphold our client’s conviction. The prosecution had to make the court sure that a physical assault had happened and the court did not find the case proved to the required standard. Our client’s conviction was quashed and he retains his good character (meaning he does not have any convictions on his record).

The outcome of this appeal demonstrates why it is so important for people to be represented in criminal proceedings. It is so often the case that high quality legal representation by solicitors and barristers who specialise in criminal defence makes all the difference to the outcome of cases. Whether that is the difference between a ‘guilty’ and ‘not guilty’ verdict, or between a sentence of immediate imprisonment and a non-custodial alternative, securing representation by the best criminal defence solicitors is crucial.

If you are accused of a crime and would like to know how Hill Twine Solicitors & Barristers can help you, visit our Contact Us page now.

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