Suspended Sentence and Successfully Opposed Restraining Order - Racially Aggravated ABH and Witness Intimidation - Isleworth Crown Court 2025
Our client appeared before Westminster Magistrates’ Court where he pleaded not guilty to one count of Racially Aggravated Assault Occasioning Actual Bodily Harm. The allegation concerned an incident in which our client assaulted his neighbour outside their home addresses and used racial insults towards him. Whilst on bail awaiting trial, our client proceeded to intimidate his neighbour on numerous occasions, leading to a further arrest and charges of witness intimidation. His case was subsequently sent to the Crown Court due to the seriousness, and our client was remanded into custody, which was the first time he had ever been in prison. Our client later pleaded guilty to all offences with which he was charged.
When our client originally appeared before the Court to be sentenced, it became clear that the Crown sought to impose a Restraining Order of which we had received no prior notice. The terms of the Order sought were extremely stringent and would make our client’s daily life extremely difficult. It was therefore opposed by the Defence, and the hearing was adjourned to allow for the Crown to re-draft the Order.
We prepared the case pending the new sentence date, including visiting our client in custody to take detailed instructions on the Restraining Order, gathering character statements, and instructing counsel to represent our client.
The Crown sought an indefinite Restraining Order in which they proposed to place heavy restrictions on our client’s ability to frequent his own home. As a carer for his disabled mother whom he lived with, the Order would have a detrimental impact on the quality of care our client was able to provide. Through meticulous research and analysis of maps of the area, paralegal Maeve Carroll drafted a detailed response to the Crown’s application, opposing all of the proposed terms restricting our client’s movement. It was argued that the terms sought by the Crown, including an indefinite duration, were unnecessary and disproportionate.
At the hearing, the Judge found in favour of the Defence, and made a Restraining Order which placed no limitations on our client’s movement. The Order was also made for a fixed duration, meaning that it was come to an end automatically after a set period of time, rather than indefinitely as sought by the Crown. Further, despite our client’s case involving a serious course of conduct against a single neighbour, and being racially aggravated, the Judge took into account the mitigation put forward by the Defence and accepted that there was a realistic prospect of rehabilitation. Consequently, our client was handed a sentence of 1 year 6 months’ custody suspended for 2 years, and was therefore released from prison after the hearing. We are so pleased that our client will now be able to start rebuilding his life and continue providing his mother with high-quality care without unnecessary difficulty.