February 4, 2017

CPS victimless prosecution successfully defended

The Crown Prosecution Service (CPS) brought a victimless prosecution against a client of Sheppards for an alleged assault on her partner.

During what was said to have been a medical emergency involving the clients child, two paramedics who had attended the address thought that they had witnessed the client strike her partner to the face.  Despite the client’s partner providing a statement to the police confirming he had not been assaulted, the CPS prosecution proceeded on the basis of the two paramedic witnesses.

The trial was prosecuted due to the policy on cases deemed as “domestic assault” and despite representations to the CPS regarding the evidence in the case, the matter was listed for trial.

Lucy Taylor-Grime represented the client at trial where the prosecution witnesses gave evidence regarding the alleged assault.  As part of the defence case,  the client and her partner gave evidence at trial to state that an assault had not taken place and that the witnesses must have been mistaken, particularly given the heightened situation of the attending circumstances.

The Magistrates having considered the case carefully, found there was no guilty act, that the prosecution had not proven there case against the client and subsequently she was acquitted of the criminal charge.

The client was understanably relieved with the outcome.