Katrina Walcott secures unanimous acquittal of man charged with threatening his child with a bladed article and ABH

DH stood trial at Kingston (Thames) Crown Court on charges of threatening a child with a bladed article (in a private place) and ABH. The complainant, the 11-year-old child of the accused, alleged DH had held a butcher knife to their throat and had also whipped them with a tea towel, occasioning ABH. The complainant informed their mother and teacher the day after the alleged incident.

The prosecution relied upon the complainant’s pre-recorded video interview; their mother’s evidence of recent complaint and adduced several of the defendant’s previous convictions. 

The defence successfully argued that the complainant had fabricated the incident regarding the knife, and that the towel ‘whipping’ was merely a game the pair played, which did not and could not result in injury.

The defence made a successful application under s.100 of CJA 2003, and was able to adduce the fact that the young complainant had twice before made serious false allegations about their fellow classmates and their own sister. The defence argued that the complainant previously lied when feeling dissatisfied at home and at school, and that this context applied to the current case.

Following a three-day trial, and after under an hour of jury deliberation, DH was unanimously acquitted of both charges.

Katrina Walcott was instructed by Ellie Bird of Birds Solicitors.