30/10/19

The Cut-Throat Defence | Kangs Criminal Defence Solicitors

Share

A cut-throat defence arises where, during criminal proceedings, a defendant gives evidence on his own behalf and which is not only likely to strengthen the prosecution case but is designed to damage a co-defendant’s case to the extent that it may go as far as blaming the co-defendant whilst endeavouring to exonerate himself.

John Veale of Kangs Solicitors comments on this tactic.

Important Considerations | Kangs Criminal Defence Team

  • Defendants accused of criminal activity frequently seek to place blame on other defendants to the same alleged criminal conduct with a view to avoiding liability.
  • Each such circumstance requires detailed consideration of the surrounding events, the likelihood of the evidence which it is proposed to put forward being believed and the aim of the tactic being achieved.
  • The general view of experienced criminal defence practitioners is that, more often than not, proceeding by way of such a defence is likely to fail, but if a defendant is adamant that such is the course of proceeding he wishes to follow, the possibility should not be lightly dismissed.

Potential Consequences | Kangs Crown Court Trial Team

  • No matter how the evidence is given, a hostile atmosphere is likely to be created during the trial, with defendants accusing one another and particularly so where issues of bad character become a major consideration. 
  • The risk of the jury failing to believe any defendant engaging in such activity is perceived to be a high one.
  • The pursuit of a cut-throat defence may lead to severance and a separate trial may be ordered. There are very technical evidential considerations that may arise which may be harmful to the result which the defendant wishing to pursue this form of defence is seeking to achieve.

How Can We Assist? | Kangs National Criminal Defence Solicitors

The team at Kangs Solicitors offers a great depth of experience in defending clients facing all manner of criminal litigation and overcoming the many pitfalls that await the unwary.

It is essential that a solicitor experienced in the technique of criminal defence is instructed as soon as possible at the start of any criminal investigation in order to ensure that the correct strategy is identified and followed. 

Kangs Solicitors adopts a pro-active approach to the requirements of each client and if we can assist you, please do not hesitate to contact any of the following:

Hamraj Kang
hkang@kangssolicitors.co.uk
07976 258171 | 020 7936 6396 | 0121 449 9888

Helen Holder
hholder@kanngssolicitors.co.uk
0121 449 9888 | 020 7936 6396 | 0161 817 5020

Sukhdip Randhawa
srandhawa@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396

Amandeep Murria
amurria@kangssolicitors.co.uk
020 7936 6396 | 0121 449 9888

News insights, Serious Fraud, Services
A former Labour MP, Jared O’Mara, has received an immediate custodial sentence of four years having been found guilty, following his trial, of six counts of fraud relating to false expenses claims for work that he never carried out in respect of jobs that did not even exist. For further Press details please follow the […]
07/03/23
Criminal Litigation, News insights, Services
Kangs Solicitors has recently successfully defended a client facing an allegation of assault occasioning actual bodily harm arising from an incident forced upon him whilst he was simply conducting his  business, running a restaurant in London’s West End, when confronted with an unsavoury situation. Kangs Solicitors was instructed from the onset attending the interview under caution at Charing […]
06/03/23
Insolvency, News insights, Services
Kangs Solicitors has been instructed to defend claims against our client alleging breaches of Section 212 and 213 of the Insolvency Act 1986. The claims are being brought by the joint liquidators of our client’s company on the basis that our client allegedly knew that he and his company were participating in ‘Missing Trader Intra- Community’ Fraud’ […]
01/03/23

Get in touch

Need legal assistance? Contact our experienced team for prompt and professional support.
Old map of Birmingham