Millennium Chambers is pleased to report a successful outcome for Tess McCarthy, who’s client was acquitted following trial at Croydon Magistrates’ Court.
The defendant faced charges of assault occasioning actual bodily harm, criminal damage, and possession of Class A drugs, arising from allegations in a domestic setting.
Prior to trial, the Crown applied to adduce the defendant’s bad character, arguing it demonstrated a propensity for violence in interpersonal relationships. Tess McCarthy successfully opposed the application, submitting that the evidence was irrelevant, sought to bolster a weak prosecution case, and any remaining probative value was outweighed by its prejudicial effect.
At trial, the defendant advanced self-defence in relation to the assault allegation, lawful excuse in respect of the criminal damage, and challenged the possession of the drugs on the basis the defendant had no knowledge or ownership of them.
Through careful cross-examination and detailed scrutiny of the complainant’s own footage, Tess challenged the complainant’s account and highlighted inconsistencies in the crown’s case
Following trial, the court acquitted the defendant of all charges.
Tess McCarthy was instructed by Stephen Tosswill of Tosswill & Co Solicitors.
