No Evidence Offered Following Strong Bail Application

Our client was charged with aggravated burglary. It was alleged that he forced his way into the complainant’s premises, threatened him with a knife and stole items including a phone and a bank account which was then used to purchase various items. The complainant was said to be a vulnerable victim suffering with illness with had flared up that night.

Bail was initially denied given the seriousness of the allegation and the location of the only available address.

From the outset it was clear there was gaps in the evidence, there was no medical evidence to support the complainant’s apparent illness and there was no evidence regarding the use of the card by the defendant for instance CCTV of him in various stores

CCTV footage was then served which showed the complainant being let out of the property by another (must have been the complainant given he stated he was the only one in the property at the time) rather than the defendant making his own way as was alleged.

The defendant maintained that he was invited into the premises, the parties took drugs together and at no time did he take any items from him.

Another bail application was made in due course with a change of circumstances namely another address, by this time a Defence Statement had been served and the prosecution sought two extensions to respond.

The bail application fully highlighted the continued gaps in the evidence, the prosecution however wished to continue with the prosecution and firmly objected to bail.

It was granted by the Judge, and no evidence was offered by the prosecution the next day

Rachel Hobba litigated this case and Charlie Austin Groome of Crucible Law was instructed.