Our client was convicted of causing grievous bodily harm with intent, which carries a maximum sentence of 16 years imprisonment. He was sentenced to 14 years. Solicitor Joe Davis and the instructed barrister put forward an argument that the sentencing judge at the Crown Court was manifestly excessive and failed to consider our client’s personal circumstances when sentencing – specifically his mental health disorders including PTSD.
The appeal process is difficult and one which requires a great deal of legal research and hard work. In this case getting to know our client well enabled us to identify the relevant mental health issues which eventually provided us with success on appeal. At National Legal Service Solicitors we have forged essential relationships with highly experienced, approachable, and responsive barristers. We ensured that a passionate and diligent barrister who was willing to fight for the appeal until the very end was instructed in this case.
The judgement sets a precedent in terms of how culpable someone is of an offence when they have significant mental health issues. In this particular case the sentencing judge was found to be excessive and the sentence was reduced from 14 to 10 years. This is a significant win for us, as this case has already been cited in court as a precedent to ensure that mental health is considered when judging how an individual should be sentenced. The case has been reported and will be used as case law moving forward in similar cases.
National Legal Service Solicitors- Mental Health & Crime – Criminal Defence Solicitors
At National Legal Service Solicitors we fight for justice. We act decisively to defend your best interests and will robustly represent and advise you.
From initial stages, including representation of clients with mental health at police stations, we are able to provide expert advice on the law as well as liaise with police and other agencies to ensure our clients are not detained without a reasonable cause. If you need to speak with our specialist criminal defence solicitors, call us on 0203 601 5051 or complete our online enquiry form