Daniel Martin recently obtained two successive victories for clients contesting trials in the West London Magistrates’ Courts.
R v V – this case concerned a client who had instructed Mr Martin privately to defend an allegation of assault by her ex-partner. The man in question was a company director who had made a number of false allegations to the police, resulting in our client being prosecuted. Mr Martin vigorously cross-examined the complainant, who proceeded to mislead the court on numerous points concerning his relationship with our client. He was eventually forced to accept that he had given false evidence under oath. Following a half-time submission by Mr Martin, the presiding Justices dismissed the charge on the basis that no tribunal could reasonably convict on the evidence of the complainant. Our client was awarded her legal costs.
R v S – this case concerned a young mother of three who was charged with benefit fraud. The charges against her related to alleged over payments of tens of thousands of pounds, whilst the client was in receipt of student finance. As a result of the investigation the family had been served with a notice of eviction and faced becoming homeless. Mr Martin robustly tested the evidence of the fraud investigator appearing on behalf of the local authority, and established that the client had never been positively advised of her obligations in terms of what must be declared to the authorities or what constitutes income for the purposes of the assessment. The presiding Justices found that the Crown had failed to prove that our client had acted dishonestly and she was duly acquitted. As a result of this victory the Council agreed to backdate our client’s housing benefit and clear her rent-arrears, meaning that her family avoided certain eviction from their home.
If you would like to speak to Daniel Martin surrounding any of the matters highlighted in this article, or for any other issues related to a criminal matter, please contact Daniel on firstname.lastname@example.org, over the phone on 01784 273 907 or via our Enquiries contact form.