CPS North East - Domestic Abuse Prosecutions - July 2023

Below are examples of Domestic Abuse cases successfully prosecuted by CPS North East in July:

• The defendant was charged with intentional strangulation against his partner which took place while their young child was present. Despite pleading not guilty and the victim being unsupportive of a prosecution from the outset, the defendant was convicted at trial using the 999 call and officers' body worn footage as evidence. The case was committed to Crown Court for sentencing where he was given an 18-month custodial sentence, suspended for 24 months. He was also required to attend a “Building Better Relationships” course and complete 15 Rehabilitation Activity Requirement days. 
• This is a case involving offences of assault, non-fatal strangulation, and criminal damage. The victim refused to attend court so, due to the seriousness of the offences and the domestic violence history between the couple, a decision was made to obtain a witness summons for the victim to attend court. On the day of trial, the victim did not attend, however, the prosecutor proceeded without her evidence and the defendant was convicted of assault and non-fatal strangulation. The case has been sent to Crown Court for sentencing in August 2023. 
• The defendant and victim were in a relationship and had young children. While out socialising, the victim wished to return home and the defendant did not. This resulted in the defendant striking the victim with her bag and causing a cut behind his ear. The witness from the bar called police, however the victim refused to make a statement or attend court to give evidence. Nevertheless, the case proceeded with the eyewitness giving evidence and the defendant was found guilty of assault. The case was sent to Crown Court for sentencing. 
• The victim and defendant were at the victim’s home address when an argument ensued which resulted in the victim being dragged by her hair down the stairs, causing her to hit her head off the banister. The defendant then grabbed her by the throat before the victim was able to eject him from the property and call the police. The defendant was charged with assault by beating. At the trial neither the defendant nor the victim attended which resulted in a request to proceed in their absence being granted. The defendant was convicted of the offence of battery using the 999 call and officers' body worn footage as evidence. He was sentenced to a £180 fine. 
• The defendant was charged with an offence of stalking of his ex-partner. He pleaded not guilty but failed to attend the trial. The judge ordered that the case proceed in his absence, and he was found guilty on the victim’s evidence alone. The defendant was arrested and brought before the court the following day where he was sentenced to a 12-month community order which included 27 “rehabilitation activity requirement” days. He was also subject to a 12-month restraining order, not to contact the victim or enter the street where she resides. 
• Defendant was convicted of affray after he assaulted his ex-partner and another woman, as well as breaching his restraining order against his ex-partner. Despite the victims withdrawing support of the prosecution, 'res gestae' evidence (which can include, for example, demonstration of the emotional state of the victim and other elements that show that the events occurred as alleged) was used, including the 999 call and police officer’s body worn video showing the distress and terror of the victims following the attack. The defendant was sentenced to a total of 34 months of imprisonment.
• The defendant was convicted of assault occasioning actual bodily harm against his ex-partner after he pushed her to the ground which caused her to momentarily lose consciousness. He was also initially charged with battery against the victim’s daughter, but the prosecution accepted the defendant’s guilty plea to the ABH charge on the full facts only. Counsel read out the daughter’s Victim Personal Statement (VPS) at the sentencing hearing and the defendant’s ex-partner read out her VPS herself. The defendant was sentenced to 26 months of imprisonment and restraining orders were imposed indefinitely for the ex-partner, her daughter and her son.