Sean Summerfield secures not guilty verdict in aggravated burglary
Sean’s client was the first defendant on an indictment charging three people with aggravated burglary involving a knife and a machete. Each were jointly accused of forcing their way into the property of a lone female late at night, inflicting violence, ransacking the property, and leaving with her belongings. Sean’s client was said to have entered wearing a balaclava and to have held a knife to the complainant’s throat. He had a long history of previous convictions, including for burglary and possession of offensive weapons, all of which went before the jury.
It was the defendant’s case that he had attended the property that day to speak to the complainant’s drug-dealing former partner about a drugs debt. He had been invited in and left once he had satisfied himself that the former partner was not present. In frustration, items belonging to the complainant had been taken. This was theft, but not aggravated burglary, and claims of forced entry, violence and weapons were a fabrication designed to cover-up the complainant’s own links to drug dealing.
The defence sought disclosure of the complainant’s phone data, which evidenced contact between the complainant and her former partner immediately after this incident. This had not been disclosed to police by the complainant. A 2-day delay in reporting the incident was suggestive of the complainant giving her former partner time to resolve the matter by other means. That she had cleaned her flat prior to police attendance indicated an attempt to conceal evidence undermining of her case. No injuries were ever recorded.
The Croydon Crown Court jury were invited in closing argument to conclude that the complainant had been less than honest with both the police and Court, and that her account of what happened that day could not be trusted.
Sean’s client was unanimously acquitted of all counts the following day, after a 7 day trial. His co-defendants were acquitted of the same, and witness intimidation.
Sean Summerfield was instructed by Michelle Simpson of Amosu Robinshaw Solicitors.