Prosecution for grievous bodily harm and affray discontinued

Louise’s client, MC, was alleged to have voluntarily engaged in a tumultuous and public fight with a neighbour resulting in serious injury. However, MC had in fact tried to diffuse the situation and calm the drunk neighbour down. When the neighbour attacked him regardless, MC had punched him unconscious in self-defence.

Louise drafted strong written representations, arguing that the charge of affray was thoroughly bad practice and that they had greatly overcharged the case by bringing a charge of assault occasioning grievous bodily harm. She addressed both the evidential limb and the public interest limb at an early stage, leading to the affray charge being discontinued. Louise subsequently wrote further representations which highlighted the evidential weaknesses of the case and requested critical disclosure about a witness who she suspected may have perverted the course of justice. As a result, the entire case was discontinued due to a lack of evidence to provide a realistic prospect of conviction.

Louise Willocx was instructed by Cunninghams Solicitors.