Success at Leamington Spa Magistrates Court for Kate Hatton

Kate Hatton, our in-house Barrister got a great result at Leamington Spa Magistrates Court recently.

She represented a client who faced a charge of s20 GBH without intent and a s39 assault – both serious charges where he faced a prison sentence if convicted. He was also charged with a minor matter of criminal damage to a mobile phone.

Kate’s client pleaded not guilty to the two assault matters and guilty to criminal damage. The case then went for trial.

On the day of trial the victim of the assaults did not attend. It was made it clear to the Crown that they did not wish to proceed with the case. However, the Crown wished to proceed on the 999 call to the police under hearsay provisions. They also relied on photos of the injuries and initial account at the scene.

Kate Hatton made a s78 PACE application to exclude the 999 call as evidence. She also made an application under the Human Rights Act – both applications were refused.  The prosecution’s case was heard.

At half time Kate Hatton made a submission of no case to answer and succeeded.  Both assault charges were thrown out and the client walked away with a financial penalty for damage to a mobile phone.

Needless to say he was very happy with this result and Kate’s tenacity in the case.

Kate Hatton is a regular at Leamington Spa Magistrates Court and Warwick Crown Court. To contact her or one of our other solicitors click the link here, or contact us on 01926 886007.