Robbery charge dropped after representations made

Our client, along with a co-defendant, was charged in connection with an alleged robbery. The complainant, an off-duty police officer, claimed he had fallen asleep at a train station when he was violently attacked and had several personal belongings taken. The incident was captured on CCTV.

While our client admitted being present at the scene, the footage clearly showed he did not participate in the physical assault, nor was he seen taking any property. Nevertheless, the prosecution pursued the case under the doctrine of joint enterprise.

Vulnerability and Expert Evidence

Crucially, our client suffers from a rare genetic condition that significantly impairs his intellectual functioning. To support his defence, we instructed three medical experts, including two consultant psychiatrists, who independently concluded that due to his low IQ, our client could neither fully grasp the nature of the proceedings nor effectively engage with legal counsel. They also agreed he was highly suggestible and easily led.

The Crown did not instruct their own expert, and given the strength of our expert evidence, it became increasingly likely that the Judge would find our client unfit to plead, leading to a fact-finding hearing. In such circumstances, the court’s powers are limited to three disposals: a Hospital Order (which was clinically unnecessary), a Supervision Order (likely to set him up to fail), or an Absolute Discharge.

Outcome: Case Discontinued

Following detailed written submissions outlining both the evidential and legal issues — including the strong psychiatric evidence and the limited and disproportionate disposals available — the Crown ultimately made the decision to offer no evidence. The case against our client was formally discontinued.

Rachel Hobba was the solicitor who acted in this case. Laura Stockdale of Doughty Street Chambers was the barrister instructed.