Attempted murder charge avoided

Our client was facing an attempted murder charge at Inner London Crown Court. It was alleged that he intended to murder his partner by suffocating her with a pillow to the point where she lost conscious for a short period. Numerous times the defendant was alleged to have told her it was her last day and made threats to kill her.

Lengthy representations were made that a more suitable charge would be one of suffocation on the basis that the defendant, of his own accord, got up and offered her a glass of water just before the police arrived. We argued that despite his actions he did not have the intent to kill.

The prosecution agreed to offer no evidence in respect of the attempted murder charge and accepted to charge an alternatively lesser charge. The defendant falls to be sentenced for the lesser offence the difference of course being that suffocation has a maximum sentence of 5 years whilst attempted murder carries a maximum of life imprisonment.

Rachel Hobba was the solicitor with conduct of this case. Peter Caldwell KC of Doughty Street Chambers was the instructed barrister.