Allegations of Non-Fatal Strangulation Withdrawn
KANGS recently assisted a client in securing the withdrawal of allegations of ‘non-fatal strangulation’ made against him. Following his arrest, he was taken into police custody before being released on conditional bail, subject to a number of bail conditions.
Recognising the seriousness of the allegations and the potential custodial sentence of up to five years’ imprisonment if convicted, our client sought advice and representation from the team at KANGS before attending a police interview under caution.
By obtaining specialist legal guidance, our client was able to approach the investigation fully informed and supported throughout the process.
Mohammed Ahmed of KANGS explains how the team secured the successful withdrawal of this serious allegation.
What is Non-Fatal Strangulation?
Non-fatal strangulation or suffocation are serious offences that involve the intentional restricting of another person's breathing. Despite not resulting in death, the conduct can potentially cause physical and emotional harm.
The offence, which was created by the Domestic Abuse Act 2021, is committed by a person who:
- intentionally strangles another person or
- does any other act to that person which affects that person's ability to breathe and constitutes a battery to that person.
Battery is committed by the intentional or reckless application of unlawful force to another person.
The Circumstances
The complainant alleged that, during consensual sexual activity at an hotel in London, our client applied excessive pressure to her neck causing reddening and bruising.
The alleged incident was reported to the Police following therapeutic discussions between the complainant and her medical therapist.
How We Assisted Our Client
In preparation for his police interview under caution, the team at KANGS:
- obtained disclosure from the police and carefully examined all of the material provided,
- collated and reviewed all supporting material provided by our client,
- attended upon our client taking and discussing his detailed instructions, seeking to understand the motive behind such a complaint,
- advised upon the appropriate course to adopt and generally prepared him for the police interview,
- prepared a detailed Written Statement addressing the background to the relationship, the sequence of events leading to the allegation, and communications sent to our client by the complainant following his arrest,
- prepared and submitted to the Police an accompanying, comprehensive and paginated exhibit bundle.
The Successful Outcome
During the police interview, the detailed Written Statement and exhibit bundle were provided to the interviewing officer. In the interview our client was asked a series of formal questions which he answered in accordance with the advice we provided to him.
Following the interview, the Police conducted further enquiries and, having carefully considered all of the available evidence, including our client’s detailed Statement and supporting evidence bundle, the Crown Prosecution Service decided that there was no evidence which supported any further action against our client. The criminal investigation was therefore formally closed.
How Can We Help?
Allegations involving non-fatal strangulation and domestic violence are investigated thoroughly by police forces and can lead to arrest, restrictive bail conditions, lengthy investigations and police interviews under caution.
At KANGS, our team of specialist criminal defence solicitors has over twenty-five years of experience advising and representing individuals facing allegations of physical violence of every nature, including sexual offences and offences involving domestic abuse.
Early legal advice can be crucial in:
- understanding the allegations and available evidence,
- obtaining and analysing police disclosure,
- preparing for interviews under caution,
- identifying potential defences,
- protecting your position throughout a criminal investigation.
If you are under investigation or have been requested to attend a voluntary interview under caution, our team is available to provide immediate advice and representation. Contact us using the details below:
Tel: 0333 370 4333
Email: info@kangssolicitors.co.uk
We provide initial no obligation discussion at our three offices in London, Birmingham, and Manchester. Alternatively, discussions can be held through video conferencing or telephone.
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