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No Case to Answer in Coercive and Controlling trial

27/05/2022

The defendant faced a single count of coercive and controlling behaviour, allegedly committed against his ex-wife during the last three years of their marriage. 

As well as the complainant’s evidence, the trial involved pre-recorded cross-examination of two children, and a significant amount of financial and digital material collected and collated by the defence.

At the conclusion of the Crown’s case, the Judge accepted the defence submission that taking the evidence at its highest the threshold for the offence had not been met – the conduct fell short of being controlling or coercive, and had not had a serious impact on the complainant as it did not have a substantial adverse effect on her day to day life – and allowed the submission of no case to answer under the first limb of Galbraith.

Alexandra was instructed by Riccardo Pagano of Thompson & Co Solicitors

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