Hannibal & Mountford: Criminal Litigation 2017-2018

Case Study 5: R v Nicholas Jones

DOCUMENT 1 - DEFENDANT'S PROOF OF EVIDENCE

Proof of Evidence

NICHOLAS JONES of 9 MOUNT PLEASANT, FENLEY LYME, will state: -

I am 39 years old. I was born on the 18/06/-

I am a self-employed window cleaner. My round includes several commercial

premises.

I have been charged with a section 18 OAP Act 1861 (wounding with intent). It is
alleged that I "glassed" a man at a nightclub. I intend to plead not guilty. Even if the
prosecution reduces the charge to a section 20 offence of wounding, I shall still
plead not guilty. I deny the allegation completely.

On Friday, 2nd April, I went into The Void, a nightclub in town at about 10.30pm. I
was alone. I had arranged to meet up with a friend of mine but could not see him
upon entering the nightclub. I got talking to two girls by the bar. I believe they were
called Judy and Louise. Louise had blonde hair and was aged about 20. Judy had
black hair and was also about 20. The bar is a few metres away from the dance
floor and it’s a bit quieter. I had a couple of drinks; however, I was not drunk. The
girls were friendly and we were having a good time. We had been chatting for about
15 minutes when one of them (Louise) said she had to go to the toilet. I continued
to talk to her friend. After a further five minutes or so Louise came back all upset.
She said she wanted to go. I gently put my hand on her arm to enquire why she
wanted to leave so early. Suddenly, I am jumped on by a man I have never seen
before.

Naturally I tried to defend myself. I cannot remember if I had a glass in my hand or

not but I just instinctively put up my arms to try and protect myself. I am left-handed.
I tried to extricate myself. There was a bit of scuffle and I managed to push the man
off me. I think he might have fallen to the floor. Someone intervened and I managed
to escape. I didn’t stick around and left the nightclub immediately. I did not witness
what occurred thereafter.

The police allege that I deliberately glassed a man. I deny this. I honestly do not
recall having a pint glass in my hand. Even if I did have one in my hand, I cannot
recall it coming into contact with anyone's face. Certainly after the incident I had no
cuts to my hand. I cannot remember what happened exactly during the course of
the struggle. All I know is that I didn't intend to harm anyone, only to defend myself.

I have since been told that the youths concerned in this are well known trouble
makers. I recall during the course of the struggle that I heard someone shouting

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 Hannibal & Mountford: Criminal Litigation 2017-2018
Case Study 5: R v Nicholas Jones

"glass the bastard". I accept I was scared and that I left the nightclub as soon as I
could extricate myself.

Apparently the police tried to arrest me at my home on the 6th April. My wife let
them in and they searched through my clothes, retrieving the shirt I had been
wearing on the night from the washing basket. My wife neglected to inform me that
the police were after me. I was arrested at home the following morning. I have been
interviewed twice about the incident on separate occasions. On the first occasion I
chose not to be represented by a solicitor. I'm not sure that I gave a good account
of myself. I was wound up and I felt the police were trying to trick me into admitting
something I had not done. I’d also had a lot to drink the night before and did not feel
too well. They just kept going on and on at me, accusing me of being a liar. I was
getting really fed up during the interview. They just would not believe me. The truth
is I can't honestly remember what happened that night. It was dark and busy. For all
I know, there may well have been broken glass on the floor. I don’t know how this
man claims to have been injured. There must be witnesses who would swear I was
not involved in an incident which caused such a serious injury.

I agreed to participate in an identification parade because I thought it would help

clear up the misunderstanding. It didn’t make any difference. I was picked out. At
my second interview, I was represented by a solicitor and chose to remain silent.
The police claimed to have forensic evidence to support their case. I was
subsequently charged with wounding with intent. I cannot believe that I am in this
position.

I understand that the injured party had to have 15 stitches to a facial injury. If I had
been responsible for inflicting this injury I feel sure I would have been covered in
blood.

On the night in question, I was wearing a dark red silk shirt, and black tie with white
markings on it and a pair of dark trousers. There are a few drops of blood on the
sleeve of my shirt. I cannot be sure they came from the injured man. I cut myself
shaving before I left the house so they might have come from me.

I live at home with my wife. We have no children. It is my second marriage and it

has been on the decline for a number of months now. This incident has put it under
even more strain.

I have previous convictions. With reference to these previous convictions, and to

the best of my recollection: -

Nine years ago - common assault. This conviction shamefully arose out of a
domestic argument I had with my first wife. Both of us were drunk at the time. She
accused me of having an affair. She said things that really hurt me. I lost my

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 Hannibal & Mountford: Criminal Litigation 2017-2018
Case Study 5: R v Nicholas Jones

temper. We struggled and I hit her causing her a black eye. I pleaded guilty and
was fined. We split up soon after and she commenced divorce proceedings.

Six year's ago - this is an 18 month period I would prefer to forget. I was convicted
of assault. The assault arose out of a road rage type incident. I pleaded guilty to the
offence. I was under a lot of pressure at the time. I had my own business at the
time selling and fitting carpets. My business was failing and I was going through a
messy divorce. I was under investigation by the Inland Revenue for failing to pay
VAT. I was in a hurry one morning. I admit I was very wound up because of all the
pressure I was under. I was driving my Range Rover and in my hurry to overtake, I
clipped the wing mirror of the car I was overtaking. I wasn’t aware that I had clipped
the vehicle. The couple in the car must have followed me. When I pulled in a bit
further up the road, I was approached by the man. He was verbally abusive to me. I
just saw red mist descend before me and I punched him in the face, causing him a
broken nose. It was all in the heat of the moment. I pleaded guilty to careless
driving, and assault occasioning actual bodily harm. I was very lucky not to go to
prison. I received a community punishment order of 160 hours, 5 penalty points and
a fine. I was also ordered to pay £1,500 in compensation which I did.

Not long after I was convicted of VAT fraud - my business was struggling. I was on
the verge of going into liquidation. I had been running my carpet business for about
6 years. My wife (first wife) was responsible for keeping the books and was paid a
wage for this. When our marriage started to break down, the
business/administrative side of things started to get neglected. Over a period of 15
months or so, I was paying staff without deducting tax and I neglected to pay VAT.
The Inland Revenue commenced an investigation. My wife was also under
investigation as she hadn’t paid any income tax. It all became a mess. In the end I
pleaded guilty to two counts of defrauding the Inland Revenue to the tune of
£10,000 over a 12 month period. I just couldn’t take the hassle anymore. I was sent
to prison and declared bankrupt shortly thereafter.

Last year - threatening words or behaviour. I pleaded not guilty but was found guilty
- conditional discharge for 15 months. I was wrongly convicted of this offence (in my
opinion). I stood trial for it at Lyme Magistrates' Court. I gave evidence but was not
believed. I was having a drink in a pub in Lyme Town Centre. It was around 11.30
in the evening. A public order incident arose outside. A group of us went to see
what was happening. From what we could see it was a dispute between groups of
lads. By the time the police arrived, it was all but over. I noticed the police had
surrounded a lad I know. He is the son of a good friend of mine. There was nothing
going on at this point and I was afraid that the lad might do something stupid. I went
over to see if I could help. I was stopped by one of the police officers. I tried to
explain that I wanted the lad to come with me. The officer then pushed me back. I
told him that he had just assaulted me and that I wanted his name and number. He
told me to “fuck-off.” I stress there was no public disorder at this time. Most of the

© Oxford University Press, 2017. All rights reserved.

 Hannibal & Mountford: Criminal Litigation 2017-2018
Case Study 5: R v Nicholas Jones

youths had moved on. I tried to gently get past the police so that I could speak to
the lad. I was jumped on by at least two officers. I tried to extricate myself and
ended up getting arrested. The officers gave evidence at my trial. I intended to call
three defence witnesses but only one turned-up. In the circumstances and despite
the best efforts of my solicitor, I was convicted.

I have worked really hard to re-establish myself. I now have my own business as a
window cleaner. This includes commercial clients. My financial affairs are looked
after by an accountant. Although I give the appearance of living well, I do have a lot
of debts still to pay. I have capital of around £3000. My annual gross profit is around
£30,000. Out of this I have to pay all the usual business expenses. My wife works
part-time and earns approximately £10,000 per annum. I have the following
monthly outgoings:

Mortgage £550
Overdraft £100
Inland Revenue £150
Credit card debts £100
Business Loan £400
Vehicle running expenses £50
Food £50
Gas £60
Electricity £50
Telephone £40
Council Tax £60
Water £25
Subscriptions £25

I also employ two lads to help me with my work.

Dated: 30th April Signed: N Jones

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