Successful application excludes complaint evidence results in acquittal

James successfully opposed the Crown’s application to adduce hearsay evidence resulting in the Crown offering no evidence. James’ client, CG, was charged with causing grievous bodily harm with intent. CG was said to have thrown a table at his 91-year-old grandmother and that that attack was the cause of a wound to her temple and a fracture to her spine. The complainant gave several accounts to the police, on the day of the incident and at hospital in the days that followed.

On the day of trial, James successfully argued that the hearsay accounts given by the complainant were inadmissible due both for reason of her lack of capacity and for the unfairness faced by CG where the sole or decisive evidence was not capable of being tested. The Crown ultimately determined to offer no evidence.

CG was sentenced for the offence of damaging his grandmother’s property (also by throwing a table) and was sentenced to an £80 fine. James successfully opposed the imposition of a restraining order.

James was instructed by Joseph O’Hara of Bond Joseph Solicitors.