Successful prosecution in stabbing at Whitstable train station

July 11, 2024

James Harrison successfully prosecuted two defendants who stabbed a member of the public in an alleyway next to Whitstable train station just before midnight on 16 December 2023. After a ten-day trial, the jury convicted Lewis Day of wounding with intent (s.18, OAPA 1861) and Daryl Brown of wounding (s.20, OAPA 1861).

Both defendants were on Platform 1 at Whitstable train station when Modasher Hossain arrived on a train coming back from work. In the following few minutes, CCTV showed the defendants cross onto the opposite platform and have an exchange with Mr Hossain that culminated in Mr Brown throwing a can of beer at Mr Hossain and, when that beer can was thrown back, both defendants sprinted after Mr Hossain. Footage shows both defendants entering the alleyway and, after a time, Mr Brown returned followed by Mr Day. Mr Hossain was found by a member of the public some 20 minutes later having suffered five stab wounds to the back of his left leg and (revealed in later CT scans) a severe brain injury.

The case presented particular challenge because Mr Hossain did not recall the attack in consequence of his brain injury. The case was presented on the basis of comments made by the defendants to each other in the minutes following the attack where each was said to have blamed the other.

The defendants will be sentenced on 4 October 2024.

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