R v PW (2017)

Eloise Emanuel was sole counsel for Mr PW, who faced trial for 2 assaults, theft and affray. Ms Emanuel successfully argued a novel point of law and the case was dismissed.

Over the course of a number of weeks, Eloise drafted and served 5 skeleton arguments: 2 separate Applications to Dismiss, 2 in relation to a novel point of law which arose during the course of proceedings, and 1 Abuse of Process argument.

A partially successful Application to Dismiss on the theft count was made at a hearing in January 2017, leaving two summary only matters, the assaults, on the Indictment before the Court.

Following that hearing, His Honour Judge Sanders invited submissions from Counsel on a number of matters before the Court. Further oral argument was heard at two further hearings in January 2017, the Learned Judge inviting further legal submissions by way of skeleton arguments as to the correctness of continuing proceedings against Mr White in the Crown Court following that partially successful Dismissal argument. 

Following further oral argument at a hearing in early February 2017, further skeletons were required in furtherance of a second Application to Dismiss (as a result of the novel legal circumstances in the case), and an Abuse of Process Argument.

On 6th February 2017, the Learned Judge handed down his 11 page Judgement on the novel point of law argued, in favour of the Defence. Further oral submissions were made, and the second Application to Dismiss argument, in relation to the Affray, was successful, bringing the Crown Court proceedings to an end.

Eloise was instructed by Gary Monks of Hodge Jones & Allen LLP.

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