Acquittal in `Attempted Murder by Asphyxiation` trial

Published on 07/01/2020

Malcolm Gibney secures an acquittal for a client charged with attempted murder by asphyxiation. The prosecution`s case was heavily reliant upon multiple `significant statements` made by the client both on arrest and while in custody, and upon two detailed interviews under caution.

After lengthy submissions challenging the admissibility of much of the prosecution evidence by reason of breaches of PACE and the availability and competence of an Appropriate Adult, the trial judge excluded some `significant statements` and both interviews.

By agreement the prosecution then added a charge of Attempted ABH to which the client pleaded guilty and avoided a custodial sentence.