News Archive 2013

19 August July 2013: Client acquitted in serious assault Jury trial in Stirling as MTM uncovers evidence not known to the prosecution

An MTM client has been acquitted of a serious charge of serious assault. The case was one of aggravated assault in which it was alleged that our client had bitten off a person’s finger. Detailed behind-the-scenes investigation and work with witnesses in the case revealed information that was not known to the prosecutor.

The prime witness had alleged that our client had committed the assault, but research and meticulous checking of accounts revealed that she had been seen with blood around her own mouth. She also had the victim’s blood on her clothing, a fact that was established by DNA experts brought in by the MTM team. Forensic tests showed no blood or other forensic evidence to link our client with the crime.

This was a case in which the Crown case simply did not disclose all the evidence. So it was careful research methodology on the part of MTM’s legal and forensic team that played a major part in saving the client from being wrongly convicted. A period of several years imprisonment would have been the inevitable outcome of a conviction in this serious case. This was the second case in a week won by the same senior Solicitor-Advocate.

13 August 2013: Prisoner cleared of weapon charge in Edinburgh Jury Triala>

A prisoner charged under Section 49C of the Criminal Law Act 1995 for having a weapon in prison has been found not guilty after a two-day Jury Trial in Edinburgh. Such a charge can on conviction attract a prison sentence of up to four years.

The acquittal was achieved despite evidence from two prison officers that the prisoner had not only admitted having the weapon in prison, but had handed it over to them. The item, an axe/hammer, had been made in the prison workshop and the jury were persuaded by a senior MTM advocate that the client had it as a tool.

29 July 2013: Schoolboy avoids criminal record

It is hard to think of anything that can blight a young person’s future more than getting a criminal conviction. A schoolboy charged with assault has been successfully defended in the Sheriff Court from just such a prospect.

MTM was able to persuade the Fiscal to deal with the case by way of plea adjustment, which removed some of the more major charges. Community service and an absolute discharge followed – this is not a conviction in law and the very least that the client could have received. The case was of critical importance to the fifth-year pupil who avoided getting a criminal record.

12 July 2013: MTM wins in neighbourhood dispute case

Neighbourhood disputes are a fact of life and can quickly get out of hand - with huge consequences for individuals and families. MTM successfully defended a person accused of threatening violence towards a neighbour. The acquittal was in the Justice of the Peace Court.

23 June 2013: Falkirk Lawyer warns of crimes of despair

Solicitor-Advocate Neil Hay warns of how economic conditions are driving some people to commit crimes – and points to sources of help

19 June 2013: MTM advocacy makes the difference for businessman in driving without insurance case

Despite having six points on his licence, a self-employed businessman has avoiding losing his licence for driving without insurance.

An MTM road traffic law expert was able to persuade the Court that there were special reasons for him to be driving without insurance at the time. Our client was saved from disqualification under the customary ‘totting-up’ procedure on a charge that normally attracts at least six penalty points.

7 June 2013: Serious charge in High Court Class A drugs case dropped following successful advocacy

In a high-value Class A drugs surveillance case at the High Court, one of MTM’s Solicitor-Advocates has successfully acted on behalf of a client accused of having destroyed a mobile telephone SIM card.

The charge, a serious one of attempting to defeat the ends of justice, was dealt with by a member of the MTM team. Skilful advocacy from an MTM Solicitor-Advocate with long experience of such cases convinced the prosecutors to drop the charge.

14 May 2013: Racial abuse charge ends in client acquittal in Sheriff Court

An MTM client has been acquitted of a serious charge of racial abuse. MTM has defended a number of clients charged with this particular offence, which, apart from being a serious charge, has a particular social stigma attached to it: it can cause huge damage to a person’s reputation and standing in the community.

In this case, MTM was able to secure an acquittal despite testimony from three eye witnesses whose evidence was successfully challenged by the firm.

29 April 2013: Medical professional receives only 3 points and a small fine despite travelling at almost twice the legal speed limit

A medical professional charged with driving at almost twice the legal speed limit has been given only a nominal fine and a minimum of penalty points. The client, whose work is dependent on her being able to drive, has received only 3 penalty points and a fine of £60.

Careful advocacy on the part of MTM meant that the Justice of the Peace was inclined to use a lesser sanction despite the fact that the client was recorded as travelling at 75 mph in a 40 mph zone.

12 April 2013: MTM client receives absolute discharge in a serious Jury Court case

An MTM client facing a charge of assault that could have resulted in a sentence of up to five years imprisonment has received an absolute discharge instead.

The client pled guilty to a charge of assault to the severe injury and impairment of the complainer or victim of the assault. Following reports, MTM was able to persuade the Sheriff to grant an absolute discharge. This is not a conviction in law because the circumstances are so mitigatory.

In other words, MTM was able to save the client from conviction by presenting evidence surrounding the circumstances of the assault. It was these circumstances and MTM’s skill in presenting them that saved the client from receiving a conviction

23 March 2013: MTM untangles financial process to get client acquittal in serious fraud case

Defending financial cases is not just a matter of legal skill: it is also about mastering complex financial issues and understanding how complicated deals and products are structured.

MTM has extensive experience in this challenging area of criminal law and has recently secured the acquittal of a client in relation to a serious charge of a £40,000 fraud against a mortgage company. A five-day Jury trial ended in our client being acquitted thanks to thorough research by the MTM legal team, the team’s extensive knowledge of the law of fraud and painstaking examination of a welter of financial documents.

16 March 2013: MTM announced as guest speakers at Criminal Law Conference

Neil Hay, Solicitor-Advocate, and Martin Morrow, Solicitor-Advocate, of MTM have been announced as guest speakers at the forthcoming Criminal Law Conference in Edinburgh on 1 May 2013, run by The Solicitors Group.

Neil will be focusing on the use of prior statements of witnesses in criminal trials, a particularly complicated area of law. Martin will be exploring the law regarding diminished responsibility – a little understood, but highly significant area of law, particularly when defending murder cases. More information about the event can be found here.

20 February 2013: Serious charge of assault ends in admonishment only

A member of the MTM legal team has defended a client charged, together with a co-accused, with assaulting a female by repeatedly punching and kicking her on the head and body, pushing her to the ground and holding a firearm or imitation firearm against her neck, all to her injury.

The case proceeded to trial and evidence was heard from the complainer and other eye witnesses, but, on the second day of the trial, MTM was able to persuade the court to accept a plea of guilty to a reduced charge of breach of the peace. Further persuasion on the part of the MTM team meant that the client was in the end simply admonished by the Sheriff, given that the client had spent around five months in custody.

15 February 2013: Exceptional Hardship Proof accepted in Road Traffic case for business client

A client running a delivery business has been saved from disqualification thanks to skilful advocacy by MTM in the Justice of the Peace Court. The client’s delivery business employs a further nine people whose livelihoods also depend on it.

The client already had a previous 9 points, and yet MTM successfully persuaded the court not to disqualify the client - even though he had now gained a further 6 points, making 15 points in total. The client retained his licence and avoided a totting-up disqualification as the court accepted that exceptional hardship would exist if it were to impose a disqualification. It was a great result for the client, his business and his employees.

6 February 2013: Serious charge of supply leads to limited sentence thanks to expert advocacy

A client who pled guilty to his third supply of Class A drugs on Indictment, and who also has a summary conviction for supply of drugs, has received a limited sentence to only 27 months. This serious crime and charge would customarily result in a period of several years imprisonment; once again, expert defence led to a much reduced sentence.

22 January 2012: Drink driving charge client receives discounted disqualification

An MTM client facing seven road traffic charges, including one of drink driving, has received a discounted disqualification and a financial penalty after successful representation by one of MTM’s road traffic team. Other charges faced by the client included: driving without insurance; careless driving; failing to stop and report; and having no valid MOT.

The Sheriff could have called for reports, given the high level of the breathalyser reading: the client was three times over the legal limit. Instead, the Sheriff decided to fine the client £400 and impose a disqualification of only 18 months, discounted from 24 months, following an early plea of guilty to the drink driving charge. All other charges disappeared as a consequence.

15 January 2013: MTM saves accountant’s career in road traffic case

An MTM client, who is a single parent and an accountant, has been given a discretionary disqualification of only 60 days, enabling her to keep her career. She had been charged with speeding on the motorway at 111mph and already had 9 points on her licence - yet MTM was still able to secure a discretionary disqualification. The result was critically important for the client, both personally and professionally.

9 January 2013: MTM secures absolute discharge in internet case

Sending abusive messages over the internet is a crime that attracts a conviction in the vast majority of cases. MTM was, however, able to persuade a Sheriff to grant an absolute discharge in the case of a client charged with this offence. It was a highly unusual disposal that allowed the client to keep her employment.