Conviction Overturned On Appeal

Caitriona McLaughlin has won an appeal against conviction for a client charged with an offence of domestic common assault after he had been found guilty by the magistrates’ court.

The trial before the magistrates’ court raised serious concerns that the magistrates had not considered carefully enough whether there was sufficient evidence to show that our client had assaulted his girlfriend. Although the evidence in the case came from an independent witness, the girlfriend he was accused of assaulting did not support the prosecution case. Following the magistrates decision Caitriona immediately appealed against the conviction and ensured the case was listed for a re-trial before Isleworth Crown Court on the first available date.

At the re-trial, Caitriona successfully showed that there were serious concerns that the prosecution evidence met the requisite test for a finding of guilt (proof beyond reasonable doubt). The Crown Court judge agreed and overturned the magistrates’ court conviction. The client was therefore cleared of the conviction and a ‘not guilty’ finding was formally recorded.