News & Insights
Anjelica Smerin‘s client was accused of stalking and sending false communications following the disintegration of a relationship. The client accepted their conduct but disputed the mental element of the offences.
Anjelica’s client had suffered severe frontal lobe damage following a road traffic accident, causing short-term memory loss and impacting their ability to communicate and process new information. The client was supported throughout trial and gave lengthy evidence with the assistance of an intermediary.
Through careful cross-examination of the complainant and the evidence of her client, Anjelica persuaded the magistrates that a reasonable person in her client’s position would not have known their conduct had amounted to harassment. The magistrates also accepted that her client believed the information communicated to be true and had no intention to cause harm.
Anjelica was instructed by Joan Mitchell of Clifton Solicitors.
A related article is available here.
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