We represented a vulnerable client charged with threats to kill and malicious communications. It was the Crown’s case that our client had made a number of abusive phone calls from prison. The person that our client made the telephone calls to was not supporting the prosecution and had never even made a report to the police.
We instructed Dr Dan Cleall, an independent psychiatrist, to meet with our client and prepare a report. Whilst Dr Cleall concluded that our client did not have a defence in law on the basis of his mental health, he made clear that our client was very unwell at the time. We obtained a statement from the person that our client had made the phone calls to and they agreed to attend Court to give evidence in support of our client at trial if necessary.
We subsequently made representations to the Crown Prosecution Service, enclosing the report and the witness statement, in which we invited them to review the case against our client. On the first day of trial, the Crown Prosecution Service offered no evidence against our client in relation to all matters on the basis of our representations.
Our client was represented by Denika Swack and Sabrina Neves of our Croydon Team and in Court by Sarah Memmi of Goldsmith Chambers.
