Jonathan Underhill secures acquittal at trial of S.18 wounding following collapse of prosecution case

15th February 2024

3PB's crime and regulatory barrister Jonathan UnderhillJonathan UnderhillCall: 2008’s client CW was charged with a serious allegation of wounding with intent to cause grievous bodily harm (GBH) following a violent incident inside his own home in 2021. CW raised, and maintained, self-defence at trial.

Over the course of careful and decisive cross examination, the complainant admitted not having told the complete truth to the police; accepting that he had failed to mention his own consumption of Class A drugs that night, and agreed that his account was incomplete and inaccurate. The complainant did however maintain that he had not caused any injuries to CW in the course of the incident, and that CW was the only aggressor.

Praised by the Trial Judge for his “dogged persistence” in pursuing failures in both the police investigation and prosecution disclosure; Jonathan’s efforts unearthed forensic and photographic evidence showing significant injuries to CW, including deep lacerations, significant bruising and bleeding, as well as a human bite mark. The material had been obtained by police, but never submitted to the Crown Prosecution Service and was only uncovered by Jonathan’s efforts at trial.

Following defence submissions, the Prosecution conceded that there was no longer a reasonable prospect of conviction, and the case was abandoned.

Jonathan was instructed by Patricia Sheehan of Owen & Sharpe Solicitors.

To instruct Jonathan, or see about his availability, please email Jonathan's clerk, Stuart Pringle on [email protected] or call him on 01962 868884.