We represented a client charged with assaulting his ex-partner by pinning her against a wall, holding a knife to her throat, and threatening to kill her. It was also alleged that, as the complainant attempted to leave the house, our client chased after her with two knives, which he allegedly disposed of near the site of his arrest. Our client exercised the right of silence during his police interview, but he was later charged with:
- Assault Occasioning Actual Bodily Harm (Section 47, Offences Against the Person Act 1861)
- Possession of two bladed articles (Section 139, Criminal Justice Act 1988)
- Threats to kill (Section 16, Offences Against the Person Act 1861)
Our client asserted that his ex-partner had orchestrated the incident with the help of her friends in an attempt to falsely accuse him and have him arrested. To properly prepare our client’s defence, we needed evidence to support this claim. Specifically, we sought a download of the complainant’s mobile phone, which could potentially provide crucial information. We formally requested this evidence from the Crown as part of our Defence Case Statement.
Just four weeks before the trial at Leeds Crown Court, the Crown had failed to provide the requested mobile phone download. The case was then scheduled for a mention hearing, at which point the Crown offered no evidence against our client. As a result, a not guilty verdict was recorded in our client’s favour.
Our client was represented by Leila Taleb of Park Square Chambers, instructed by Hasan Khan from our Leeds office.
