October Cases 2016
R v M
Our client was charged with cultivating a large number of cannabis plants found inside his house when the police found his friend dead. This case should have been sent to the crown court due to its seriousness which would have meant a significant prison sentence if found guilty. The District Judge however was persuaded, with heavy mitigation, to step out of the sentencing guidelines and give a good year direction that would avoid a prison sentence. Given this the defendant pleaded guilty and kept his liberty.
R v H & others
In a very serious case our client with another, was alleged to have been in a London gang dealing drugs and used violence to falsely imprisoned two members of the public. Thorough case analysis and preparation exposed the weaknesses of the prosecution’s case and with skilful advocacy our client was acquitted.
R v H
The police suspected that our client was a drug dealer and through his supply a person had died. At the first hearing the prosecutor believed that if found guilty the starting point for the defendant’s sentence would be four and half years. Due to careful research of caselaw we were able to support our assertion that in fact this was a case of joint possession between friends who had chipped in together, not a supply of drugs. We therefore made authorative and persuasive representations to the prosecution who agreed and accepted a guilty plea to possession, withdrawing the other charge, and our client was sentenced to a fine.
R v F
Charged with making indecent images at the most serious level and possible distribution charges, our client faced a significant custodial sentence if found guilty. We however guided him through the proceedings obtaining references and expert testimony. We managed to persuade the Judge that in sex cases like these the defendant needed specialist counselling and supervision rather than prison, which may do nothing other than to encourage the emotional and psychological issues driving the offending. Therefore, the Judge suspended the prison sentence allowing the client to receive treatment.
R v F
In a very a complex case our client, who suffered from Asperger’s syndrome, was in breach of his Sexual Harm Prevention Order for a third time and was told on the second breach that he would receive a custodial sentence if there was another. The case was sent to the crown court when the client pleaded guilty to the breach but in addition we put the court on notice that we would make an application to vary the order prior to sentencing. In preparation for this hearing we obtained a detailed expert report from a local psychiatrist and a short report from a leading psychiatrist in the Autistic spectrum field. Together with counselling sessions and a report from the specialist counsellor, we were able to put forward a highly persuasive argument for the variation of the order and also convincing mitigation for a non-custodial sentence. The Judge agreed and accordingly amended the order and imposed a community order sentence.
R v F & others
Our client was charged with a conspiring to steal high value cars by using advanced technological equipment, as part of an supposed organised crime syndicate, and faced a substantial period in prison if found guilty. We employed a top technological expert to rebut part of the Crown’s case and with meticulous preparation our advocate was able to persuade the court, that he had no role in the offence and was duly acquitted.
