Tasmin Malcolm Challenges Prosectution Claim in Newton Hearing

Tasmin Malcolm Challenges Prosectution Claim in Newton Hearing

Tasmin Malcolm, instructed by Rhean Bailey of Goldman Bailey Solicitors, had success in a Newton hearing before HHJ Cole.

The Defendant was indicted with attempted s.18 GBH with intent. He pleaded guilty to offences of dangerous driving, possession of an offensive weapon (a Samurai sword), assault by beating and associated driving matters.

The Crown’s alleged that following reports of a man with a Samurai sword, police were searching the area. When the Defendant was seen by an officer, it was alleged that he deliberately drove at the officer, sandwiching him between two cars.

The issue before HHJ Cole was whether or not the Defendant drove at the officer intentionally, or whether he had been driving recklessly in his attempts to evade the police. Following evidence from the officer and a stationery Uber driver, HHJ Cole did not find the Prosecution case proved.

This being his third strike, the Defendant was sentenced to a total of 18 months imprisonment; 12 months for possession of the Samurai sword, 3 months concurrently for the assault, and an additional 6 months for the dangerous driving. The sentence would have been more severe had Miss Malcolm not successfully contested the assertion that the Defendant drove deliberately at the officer.