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Simone Newton represented a 15-year-old youth client who was charged with two separate instances of burglary dwelling with intent to cause criminal damage. Miss Newton’s client was aged 14 at the time of the alleged offending and their DNA was found on scene.
At first appearance Miss Newton persuaded the court to delay entering of pleas so that written representations on both the evidential and public interest tests could be served upon the Crown Prosecution Service.
Miss Newton drafted written representations addressing issues including a lack of disclosure, paucity of independent evidence, lack of CCTV and lack of evidence of intent. Miss Newton also challenged the particularisation of the allegations on the basis that the building in question was under construction and was not lived in. In addition, Miss Newton also asserted a failure to pursue reasonable lines of enquiry and a lack of public interest in the criminalisation of a child.
Miss Newton successfully persuaded the Crown Prosecution Service to offer no evidence in relation to both charges. Miss Newton’s lay client retains her good character as a result.
Simone Newton was instructed by Paul Robinson of Goldkorns Solicitors.
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