Representations result in s18 GBH to lie on file

Sonn Macmillan Walker represented a client who first appeared at Thames Magistrates in 2024 in relation to two charges, s18 GBH and an alternative offence s20 wounding.

Phoebe Coleman was the solicitor of conduct of this case.

Incident Overview and Crown’s Case

This case involved an altercation in which part of the complainant’s ear was bitten off, a serious injury requiring reconstructive surgery. It was the Crown’s case that the co-defendant, rather than our client, caused this particular injury and our client was charged under the rules of joint venture.

Based on his instructions, we advised our client to enter an early guilty plea with regard to the s20 offence, to preserver his credit should the Crown accept this lesser offence down the line.

Successful representations

The Crown initially refused to accept a plea to s20 only.

A letter of representations was submitted to the prosecution in relation to the s18 offence. Our client was of good character, and was willing to take responsibility to the parts of the altercation he engaged in. The trial was also listed for June 2027, and we argued that this was an unacceptable delay in having his proceedings concluded, using the Crown’s Covid-19 Guidance.

There was clear CCTV footage of the incident which showed the respective roles our client and co-defendant had in this matter.

Key Argument on Our Client's Knowledge

Critically, we successfully argued that there was no realistic prospect of proving our client knew his co-defendant intended to cause GBH, as he would not have anticipated, and therefore assisted or encouraged, his co-defendant to bite off part of the complainant’s ear.

Whilst our client accepted that his conduct was excessive, there was a big distinction between his actions (punching and kicking) and his co-defendants (biting the complainants ear off). Ultimately, the charge was left to lie on the file.

Mitigation and Sentencing Success

In relation to the s20 offence, Phoebe compiled a thorough mitigation package featuring character references and a letter of remorse. This, alongside our clients’ positive steps towards rehabilitation and early guilty awarding him full credit, resulted in an excellent sentence. Where the starting point for s18 GBH would have been 5 years immediate imprisonment for a man of good character, our client received 20 months imprisonment, suspended 2 years, meaning immediate custody was avoided.

Phoebe was assisted by Matthew Baker and Laura Stockdale of Doughty Street Chambers.