The situation
The prosecution alleged that following the separation from his partner, the defendant repeatedly followed the victim and her children as they moved addresses. The evidence included repeated messages and calls despite the separation.
More seriously, the victim alleged that the defendant had made threats to kill her and the children, and had physically assaulted her by punching her in the face, causing swelling and redness. The Crown sought to prove a pattern of coercive control and physical violence.
The charges
The defendant initially faced a serious domestic violence indictment involving multiple counts:
Controlling or Coercive Behaviour in an Intimate or Family Relationship.
Assault Occasioning Actual Bodily Harm (ABH).* Damaging Property (x2).* Putting a Person in Fear of Violence by Harassment (x2).
The allegations painted a picture of sustained abuse, threats, and physical violence following a relationship breakdown.
Our approach
Basis of Plea Strategy
The defence team, led by Fosia Jury and Meltem Asenova, rigorously examined the history of the relationship. We advised the client to enter a Guilty plea on a specific "Basis of Plea".
The basis accepted that while some messages were abusive and the defendant did attend the victim's address, the relationship was actually ongoing during the alleged period. By establishing this context, we successfully negotiated with the prosecution to accept a plea to the Harassment charge only. Crucially, this meant the charges for Coercive Behaviour, ABH, and Criminal Damage were not pursued to conviction.
The outcome
Basis of Plea Strategy
The defence team, led by Fosia Jury and Meltem Asenova, rigorously examined the history of the relationship. We advised the client to enter a Guilty plea on a specific "Basis of Plea".
The basis accepted that while some messages were abusive and the defendant did attend the victim's address, the relationship was actually ongoing during the alleged period. By establishing this context, we successfully negotiated with the prosecution to accept a plea to the Harassment charge only. Crucially, this meant the charges for Coercive Behaviour, ABH, and Criminal Damage were not pursued to conviction.
"The art of cross examination lies not in the aggression of the question, but in the precision of its construction."
"A witness who remains calm under questioning speaks louder to a jury than one who becomes defensive."
Legal disclaimer and restricted access
The details provided in this case study are for informational purposes only and do not constitute legal advice. Every criminal case is unique; the outcomes described here depend on specific facts and the application of current English law, which is subject to change.
Viewing this material does not establish a solicitor-client relationship. If you are facing criminal charges, you should seek immediate advice from a qualified legal professional. This firm accepts no liability for actions taken based on this content. By continuing to review these case materials, you acknowledge that you understand these limitations and accept full responsibility for your use of this information.
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FAQ
Some questions we get, which may help you in this moment
Yes. A voluntary interview is a formal police caution and what you say can be used as evidence in court. You have a legal right to free and independent legal advice at the police station, regardless of your financial circumstances. Having a solicitor present ensures your rights are protected from the outset.
Most firms offer a range of payment options, including fixed fees for specific stages of a case or hourly rates. Depending on the seriousness of the charge and your financial position, you may also be eligible for Legal Aid to help cover some or all of your legal costs.
Less serious offences (summary offences) are typically handled in the Magistrates’ Court. More serious matters (indictable-only offences) are sent to the Crown Court to be heard by a Judge and Jury. Some cases are ‘either-way,’ meaning they can be heard in either court depending on the severity of the specific allegations.
Not necessarily. The UK courts follow strict sentencing guidelines that consider the nature of the offence and any mitigating circumstances. Possible outcomes can include fines, community orders, suspended sentences, or discharges, depending on the specifics of the case and the quality of the legal representation.
There is no fixed timeframe. An investigation can last from a few weeks to several months or even years for complex financial or historical cases. A solicitor can help manage this period of uncertainty by liaising with the police or the Crown Prosecution Service (CPS) to get regular updates on the status of your case.