D, now 20, was charged with assault occasioning grievous bodily harm (GBH) on another young person at a party when both were only 16 years of age. The prosecution alleged that our client had punched the other boy to the head knocking him unconscious and causing Mild Traumatic Brain Injury. Jurisdiction was declined. Ed Caute of FMW Part Of GT Stewart Solicitors was privately instructed. He made extensive representations throughout the proceedings that D had acted in self-defence, that the medical evidence was flawed and that is was not in the public interest to prosecute our client. He also made representations that, even if we were wrong on these points, D should have been diverted via a caution rather than being prosecuted. These representations were repeatedly rejected by prosecution.
One week before the trial was due to start, following a series of s.8 disclosure applications made by the defence team for missing medical records and third party material, an application to stay for abuse, and the service of a Consultant Neurologist’s report from a defence expert, the prosecution eventually agreed to proceed by way of caution and offered no evidence against D. This meant that at last D could move on with his life and, more importantly could do so with a clean record.
D was represented by Ed Caute of FMW part of GT Stewart Solicitors and instructed Brenda Campbell KC and Alex Rose of Garden Court chambers.
