Vulnerable Client Acquitted of Assaulting Family Members

Our client, a young man with a speech and language disorder and autism, was charged with common assault, assault occasioning actual bodily harm (ABH) and affray, arising from an incident dating back to September 2023.

The allegation arose following our client, a keen footballer, attending his cousins house after receiving a text that he had been removed from their football team. A physical altercation occurred which left all parties involved with various injuries. The prosecution alleged that our client had attacked his cousins including biting the arm of one cousin, and the other receiving a graze and some reddening.

Our client was subsequently arrested and represented by this firm at the police station when he put forward a prepared statement in interview, outlining that any actions he took during the altercation was in reasonable self-defence as in fact our client was attacked first. Our client accepted that he bit his cousin’s arm, however, it was because his cousin was holding him down by a knee on his neck at the time, affecting his breathing. Our client simply reacted because he was scared. At the police station Amy Cox made sure to photograph the visible marks on our client’s neck, which appeared to be consistent with pressure or force applied to the neck.

Due to our clients’ vulnerabilities, he had the benefit of an Appropriate Adult during his police station interview. Following assessments with a psychologist and intermediary, an application was made to the Crown Court for our client to have an intermediary with him during the trial to ensure he had a fair trial and was able to fully engage with the proceedings. Our application was granted by the Court for our client to have an intermediary with him to assist with communication whilst giving evidence.

The trial took place at St Alban’s Crown Court. Following the prosecution evidence Counsel made a half-time submission that there was no case to answer in respect of the affray charge, which was successful. The Judge therefore formally entered a not guilty verdict in respect of that charge. Our client continued to give evidence and as our client was of good character, numerous friends, family and members of the community provided character references to demonstrate that our client was not the angry person the prosecution alleged him to be.

After 44 minutes deliberation, the jury unanimously acquitted our client of both assault charges.

Our client's mother after the trial said 'Thank you!!!!! Izzie (who attended Court throughout trial) and Clare were fantastic.'

Amy Cox, Katie Lobo and Izzie Bond-Mills prepared this case. Clare Wade KC of 25 Bedford Row Chambers was instructed as trial advocate.