The police will tell you that attempted murder is one of the most difficult charges to bring because a defence lawyer will argue that you are guessing someone’s state of mind. It’s usually downgraded to assault with intent to cause gbh. The fact that she didn’t sustain sufficient injuries rules that out.That kick/stamp to the head whilst she was on the deck could have resulted in a number of injuries, including skull fracture, eye injuries, bleed on the brain and broken neck. Death from those kind of injuries is a real possibility. In a premeditated attack, as that clearly was, it absolutely should be treated as attempted murder.
I knew it would be a struggle to make attempted murder stick in this case. I know a solicitor who used to work for the CPS, and she said it one of the most frustrating jobs she ever did.The police will tell you that attempted murder is one of the most difficult charges to bring because a defence lawyer will argue that you are guessing someone’s state of mind. It’s usually downgraded to assault with intent to cause gbh. The fact that she didn’t sustain sufficient injuries rules that out.
The girl that carried out the attack will be charged with common assault. The others will be charged with either conspiracy to commit or aiding and abetting. They’ll plead guilty on the advice of a solicitor, which will go in their favour, and receive a fine plus court costs.
I’ve seen cases where someone has committed an assault which has resulted in permanent scars or broken bones and walked free. These girls won’t get anywhere near a custodial sentence.
The sound of that young girl crying in terror is hard to listen to without shedding a tear.