Client avoids custodial sentence after serious attack in bar fight

We initially represented our client at the police station in our capacity as duty solicitor having been arrested on suspicion of an offence of s18 GBH following a serious, sustained attack in a bar in central London. The incident was covered by unfavourable CCTV footage. Our client who was a man of good character had never been involved with the police before and had no recollection of the incident. 

After careful consideration of the case file, our client was advised to enter a Not Guilty plea to s18 GBH instead offering a guilty plea to the lesser offence of Assault Occasioning Actual Bodily Harm (ABH), raising the argument that whilst our client did not dispute he had carried out the alleged attack, the complainants injuries did not satisfy the elements of the offence required in order for him to be guilty of the s18 GBH charge. 

After a review of the case and the submissions made by Counsel at the PTPH, the Crown subsequently accepted a guilty plea to the lesser offence of ABH, withdrawing the s18 GBH charge. Whilst the offence still clearly crossed the custody threshold,  powerful mitigation and presentation of strong character statements meant our client avoided immediate custody and was sentenced to a Suspended Sentence Order which would not have been available to him had he been convicted of the much more serious s18GBH charge.

Poppy Ingall acted on this case. She instructed Mr Daniel Murray of 25 Bedford Row Chambers.