The incident occurred when a concerned member of the public rang the police. She had witnessed a woman being robbed late at night in Wood Green, North London by two men.
Our client had dropped her dog off at her friend’s house before attending a wake at another friend’s home. After having a few drinks, our client left the house to collect her dog and return to her own home.
Our client has no recollection of what happened on her way home.
The police attended the scene after receiving a call from a witness who had just seen a woman robbed by two men.
The police alleged that our client was found lying on the road when they arrived at the scene. She appeared to be asleep and could not be roused, by her service dog. They claimed further that our client was not acting cooperatively and had slurred speech.
It is at this time that police claim that our client became aggressive and struck a police officer in the face. When she was arrested, detained, and taken to the police station, it was alleged that she kicked another police officer.
When our client woke up the next morning in custody at the police station, she had no recollection of the events that had transpired the night before other than the various injuries she sustained. This included a large gash that needed 4 stitches, facial bruising, arm and leg bruising as well as multiple abrasions.
Ms M was interviewed by police the next day. She gave a full comment interview.
In this interview, she maintained that she had no recollection of the events that transpired that night before. However, she did believe she had been robbed and attacked as she was injured, and her personal property was missing.
Ms M notified police that her dog was a service dog who helps her cope with her chronic mental health conditions.
Stuart Miller Solicitors were instructed to represent Ms M. Our adept solicitors quickly determined through a detailed review of disclosure released by the police, in particular, the police’s body-worn video that our client was a victim of assault and robbery. In this video, the witness can be heard telling the police that the defendant was a vulnerable person and she had witnessed Ms M be attacked and robbed prior to the police arriving at the scene.
Our expert solicitor quickly established that our client had been robbed and attacked. She sustained injuries to her head where she required medical attention. She was taken to the hospital by the police before being detained.
Our solicitor made an application to vacate the trial, which was upheld, to consult an expert witness who confirmed our solicitor’s expert assertion that Ms M was suffering from Traumatic Brain Injury (TBI) when she committed the offences alleged against her.
Therefore, our solicitor made representations to the Crown Prosecution Service that the defence of medical automatism as a recognised defence to assault applied to our client Ms M.
Further, our solicitor made representations to the Crown Prosecution Service that our client was likely the victim of robbery and a violent assault or accident that resulted in a Traumatic Brain Injury as well as symptoms of associated Post Trauma Amnesia, along with photographic evidence of Ms M’s injuries and the expert report.
Our Spokesperson on this case said:
“I got the expert report which supported the assertion that our client was suffering from a traumatic brain injury following the assault and therefore there was the possibility of raising the defence of automatism.”
Our solicitor requested that the Crown Prosecution Service conduct a full review of the case as there was no real prospect of convicting our client.
Stuart Miller Solicitors’ dedicated criminal defence solicitor working on Ms M’s case continually chased the Crown Prosecution Service for their decision as they made no response.
Our solicitor called CPS and finally received confirmation that they agreed to have Ms M’s case dropped two days before the trial commenced.
Contact us today if you have been charged with assault on a police officer. Don’t let the legal system chew you up, get in touch with us today to speak with an expert criminal defence lawyer.