A very busy week for Kirsty Day with 3 great results in 3 cases:

A very busy week for Kirsty Day with 3 great results in 3 cases:

07 Nov 2022
Kirsty Day

In case one on Tuesday in Cambridge, Miss Day was instructed by Elfreda Sarfo of Sarfo Solicitors. Following numerous emails and skeleton arguments over the course of 9 months, regarding disclosure and the location of evidence concerning a Defendant charged with being in possession of indecent images, the Crown offered no evidence on all matters. This was as a result of a number of lengthy written submissions drafted by Ms Day, a detailed defence statement, two section 8 applications and an abuse of process skeleton argument being submitted.

In case two on Wednesday in Oxford, a case was listed for trial where the Defendant faced an indictment of GBH (consisting of an allegation that the Defendant had forcibly twisted his partner’s foot causing her bones to break in 3 places.), ABH, controlling and coercive behaviour and assault which, if convicted, would have resulted in him serving a number of years in custody. Following the service of an expert report analysing the medical evidence, the Crown accepted a plea to an assault on a basis and a schedule offence. No evidence was offered on the GBH, ABH and controlling and coercive behaviour. As a result of the amount of time the Defendant had been waiting for his trial, the sentence was deemed time served and the Defendant was released. Miss Day was instructed by Karla Sims of Albin & Co.

In the final case today in Birmingham, Miss Day, instructed by Janita Patel of JP Law, prosecuted a two-handed RSPCA case where D1 was charged with breaching a disqualification order and D2, D1’s Mother, was charged with aiding and abetting D1 in breaching the disqualification. D1 pleaded guilty and D2 took the case to trial on the basis of a lack of knowledge of the terms of the disqualification. Following a difficult trial and successful applications under S74 of PACE and S34 of PACE, D2 was convicted.