03/04/23

Delighted Client | Sexual Assault Allegations Withdrawn

Share

Kangs Solicitors has successfully defended our client, a thirty-two years old professional man with no previous convictions, who was facing charges at Birmingham Crown Court for alleged offences of Sexual Assault and Assault Occasioning Actual Bodily Harm.

Helen Holder of Kangs Solicitors reports on this highly successful outcome.

Kangs Solicitors fields an expert Team defending clients on a national basis charged with criminal conduct of every nature including allegations of Sexual Assault.

The firm is led by senior partner, Hamraj Kang, an award-winning solicitor recognised for his expertise in criminal investigations and defence work.

For an initial no obligation discussion, please contact our team at any of the offices detailed
below:

0207 936 6396

0121 449 9888

0161 817 5020

07989 521210

London

Birmingham

Manchester

24 Hours number

The Circumstances | Kangs Serious Crime Defence Solicitors

  • Our client was originally arrested in November 2021 under suspicion of numerous offences. Upon being charged with Sexual Assault and Assault Occasioning Actual Bodily Harm, our client changed his legal representation and instructed this firm
  • The Complainant alleged that our client had, whilst trying to engage her in sexual intercourse, which she had refused, inflicted physical violence including repeatedly punching and kicking her

The Relevant Law | Kangs Sexual Assault Offences Defence Solicitors

The Sexual Offences Act 2003 states:

Section 3 Sexual Assault                                    

‘ (1) A person (A) commits an offence if—

(a) he intentionally touches another person (B),

(b) the touching is sexual,

(c ) B does not consent to the touching, and

(d) A does not reasonably believe that B consents.’ 

Assault occasioning Actual Bodily Harm (ABH)

The Offences against the Person Act 1861 – Section 47

The offence is committed when a person intentionally or recklessly assaults another, thereby causing Actual Bodily Harm.  It must be proved that the assault occasioned or caused the bodily harm.

Bodily harm has its ordinary meaning and includes any hurt calculated to interfere with the health or comfort of the victim: such hurt need not be permanent, but must be more than transient and trifling: (R v Donovan [1934] 2 KB 498).

Preparation for Trial | Kangs Assault Offences Defence Solicitors

Our client vehemently denied the charges against him and by way of preparation for his Trial, the Team at Kangs Solicitors:

  • analysed in full all the Prosecution served evidence and unused material,
  • attended our client taking his detailed instructions on all of the evidence and unused material served by the Prosecution and recording his version of events,
  • prepared our client’s detailed Proof of Evidence and Comments on the Prosecution evidence,
  • advised our client in detail upon his position and the future conduct of his defence,
  • represented our client at all Court Hearings,
  • attended Witnesses obtaining detailed Statements in support of our client,
  • identified and instructed Counsel of the highest calibre and attended all requisite conferences with both our client and counsel whilst preparing for trial,
  • prepared a detailed Defence Case Statement which outlined our clients defence and which contained numerous requests for Disclosure of pertinent evidence from the Prosecution.

The Successful Outcome | Kangs Sexual Offences Defence Solicitors

Following the service of our client’s detailed Defence Statement, the Prosecution requested further time to review and consider its case and the numerous requests we had submitted for the service of further important detail.

Subsequently, the Prosecution confirmed that, upon the evidence, there was no realistic prospect of achieving a conviction against our client.

The Case was listed at Court for a Mention Hearing at which the Prosecution offered no evidence to both charges and the Court, as a matter of course, entered ‘Not Guilty’ verdicts. 

Our client was obviously delighted and relieved that he had retained his impeccable good character and that the severe stress and worry that he had endured was finally at an end.

He left Court encouraged that his stance had been vindicated by the fact that he had been cleared of all charges and that the allegations were not sufficient to even justify a Trial.

Who Can I Contact for Help? | Kangs National Criminal Defence Solicitors

Our nationally recognised Criminal Sexual Offences Defence Team is here to assist you and is available 24/7 on telephone number 07989 521 210.

We welcome enquiries by telephone or email info@kangssolicitors.co.uk.

We provide an initial no obligation consultation from our offices in London, Birmingham and Manchester.

Alternatively, we provide initial consultations by telephone or video conferencing.

Contact:

Hamraj Kangs 0340 BW scaled e1690223799706

Hamraj Kang

Email Hamraj

07976 258171

020 7936 6396

0121 449 9888

Helen Kangs 0491 BW

Helen Holder

Email Helen

0121 449 9888

020 7936 6396

Services
The Government has now announced that from 30 March 2023 the Magistrates’ Sentencing Powers will revert back to the original power to impose a sentence of up to six months’ custody for a single triable ‘either way’ offence i.e. one which is triable either before a Magistrates’ Court or a Crown Court. (Regulation 2 of the Sentencing Act […]
24/04/23
Services
The circumstances in which a youth will be sent to the Crown Court for trial will be rare, even where the case appears to be of a complex nature, as recently confirmed in the case of BH v. Norwich Youth Court & CPS (2023). Youths facing even the most serious offences cannot elect Crown Court trial, before a […]
17/04/23
Services
In order to constitute a ‘memorial’, at least one of its purposes must be to commemorate an individual or animal, whether living or deceased or an event, or a series of events, such as an armed conflict. A ‘memorial’ may be a building, other structure or thing erected or installed on land, or in or […]
14/04/23

Get in touch

Need legal assistance? Contact our experienced team for prompt and professional support.
Your privacy is important to us and all details you share will be kept confidential.