Section 18 GBH charge dropped before trial
Our client was charged with s18 GBH following his partner calling for an ambulance in respect of a serious head injury.
Police attended her address as an ambulance was not available. Despite the complainant making no specific allegation our client was the only other person at the address and as a result of various circumstances was arrested and charged.
As a team we undertook extensive defence work to essentially prove our clients innocence. Of course it is for the Crown at trial to prove guilt but the circumstances of this case made it feel the burden was on us. We instructed a blood spatter expert and causation expert, both considering whether the injury could have been accidental as was our defence. A voice analyst was also instructed to consider the background noise in the 999 call and whether it recorded our client as alleged by the Crown. We obtained defence witness statements and independent records from Uber and EMS to show his movements in the earlier hours of the evening which contradicted prosecution witness accounts, and had our client assessed by a psychiatrist to consider his mental health issues which may had resulted in his behaviours which aroused suspicion. We made an application to dismiss which was unsuccessful but our efforts didn’t stop there. After pursuing disclosure requests and making detailed written representations the Crown reviewed the case and offered no evidence accepting there wasn’t a realistic prospect of conviction.