Acquitted of Assault by Beating of an Emergency Worker – Case Dismissed at St Albans Magistrates’ Court

• Charge: Assault by Beating of an Emergency Worker
• Trial Date: 7th November 2024
• Court: St Albans Magistrates’ Court
• Outcome: Acquitted – Case Dismissed
• Trial Length: Half-Day Trial
• Consultant Paralegal: Emma Llanwarne

Background:

Our client was charged with assault by beating of an emergency worker, arising from an incident during which a police constable alleged they had been bitten while carrying out their duties. The case carried serious implications for the client, including potential damage to their professional reputation and personal life.

Trial Issue:

The central issue at trial was whether a bite had occurred, as alleged by the complainant. The defence denied that any bite took place and maintained that there was no evidence to support the claim.

Case Preparation:

The defence was led by Emma Llanwarne, an experienced consultant criminal defence paralegal. Emma conducted a comprehensive review of the prosecution’s evidence, including:

• The defence was led by Emma Llanwarne, an experienced consultant criminal defence paralegal. Emma conducted a comprehensive review of the prosecution’s evidence, including:
• Body-Worn Video Footage (BWF)
• Custody records
• Initial Details of the Prosecution’s Case
• Prosecution Witness statements
• Client’s PNC
• Client’s medical and mental health history

Emma’s attention to inconsistencies in the evidence and her coordination with the trial advocate were instrumental in preparing a robust defence. The case strategy focused on the lack of physical evidence and the complainant’s changing account.

The Trial:

The trial took place at St Albans Magistrates’ Court on 7th November 2024 and lasted half a day. Representation was provided by an experienced and persuasive trial advocate whom we instructed.

The advocate conducted a thorough cross-examination of the complainant and presented the defence case with clarity and precision. Their advocacy effectively exposed the unreliability of the allegation and the lack of objective evidence supporting the claim.

Outcome:

The client was acquitted of the charge, and the case was dismissed.

Key Findings of the Court:

• Lack of Evidence of a Bite: The Court found that there was insufficient evidence to support the allegation that a bite took place. The complainant had initially stated she believed she was bitten, but there were no physical signs such as teeth marks or injury to confirm this. The Body Worn Footage (BWF) was reviewed and showed no visual evidence of a bite.
• PAVA Spray Likely Cause of Rash: While some contact between the client’s face and the complainant’s arm was acknowledged, the Court concluded that the rash observed was more likely caused by PAVA spray, not a bite. The complainant’s pain was attributed to the chemical irritant, not physical assault.
• The Complainant’s Uncertainty: The Court noted that although the complainant reported experiencing pain, she later admitted she was unsure whether a bite had actually occurred. Her initial assertion was contradicted by her later acceptance that there were no bite marks, and she appeared uncertain during testimony.
• No Finding of Dishonesty: The Court made clear that it did not find the complainant to be dishonest, instead concluding that she genuinely believed she had been bitten, though no objective evidence supported that belief.

Conclusion:

This case clearly demonstrates the importance of thorough case preparation and skilled trial representation in achieving a just outcome. Through careful case management by a member of our legal team and the effective advocacy of an experienced representative, the client successfully challenged a serious allegation and avoided conviction. Following the trial, the client was acquitted and was granted a Defence Costs Order by the Judge, allowing her to recover a portion of her legal expenses.

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