Kinloch Solicitors Client Acquitted of Threatening Behaviour

Domestic Assault Offence Client Acquitted under Section 38 of the Criminal Justice A Licensing Scotland Act 2010

A client of Kinloch Solicitors in Glasgow was acquitted of Section 38 of the criminal Justice Licensing Scotland Act 2010 on 08September 2023.

Mr Kinloch from David Kinloch & Co Solicitors represented a client for an allegation of threatening behaviour against his ex-partner and threatening to stab the ex-partners new boyfriend.

This was down for a Trial and there was a substantial amount of evidence.

Client was Charged with a Contravention of the Section 38 of the Criminal Justice Licensing Scotland Act 2010

Charged with threatening Behaviour in an Abusive Manner

The client was charge with behaving in a threatening and abusive manner in that he appro ached his ex-partner and refused to leave her address and threatened to stab the ex-partners new boyfriend.

The client had previous convictions of a substantial nature and would have received a substantial custodial sentence if convicted.

The witnesses against him were his ex-partner and indeed his son. The witnesses were in attendance.

A conviction under this section would have resulted in a substantial custodial sentence. The evidence was complex and difficult and sensitive. Mr Kinloch spoke to the Prosecutor and explained the background that the client only attended to obtain his car keys and the complainer or so called victim was under the influence of alcohol.

The Prosecutor took this on board and after some enquiries, indicated to Mr Kinloch the case would not be proceeding.

The Outcome of the Case

What was Agreed

After hearing legal submissions from our Mr Kinloch, the Prosecutor took all the information under consideration and simply decided not to prosecute the case this resulted in the case being deserted and his bail conditions being removed. The client was absolutely delighted with this outcome.

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