Shropshire judge orders probe over 'attack' case
A top Shropshire judge has demanded an investigation after a man received a jail term for attacking his ex-girlfriend – despite the fact there was "no evidence" of an assault in her statement.
Robin Onions has ordered the Crown Prosecution Service to look into how Daniel Langford was prosecuted and found guilty of assaulting Danielle Smart when the victim made no complaint of an attack and nothing was mentioned of it in her statement.
The 24-year-old punched and cracked Miss Smart's car windscreen after an argument between the pair as they drove back from a hospital appointment in Cannock in November last year.
But Shrewsbury Crown Court, which heard an appeal against the conviction and sentence, was told the glass did not shatter and there was nothing to suggest the victim had been assaulted.
Mr Nigel Stelling, prosecuting, had to admit to the judge: "There is, on the face of it, no evidence of assault."
Langford, of Southgate in Sutton Hill, Telford, failed to turn up for his trial at Telford Magistrates Court earlier this year and was found guilty in his absence of common assault and criminal damage.
Justices imposed a sentence of six months in prison, suspended for a year – the maximum term they are allowed to impose.
But Langford, who also failed to turn up at crown court, appealed against both the sentence and the conviction.
Judge Onions dismissed the appeal on the criminal damage charge – but said he had no choice with the assault charge because there was no evidence to say it happened.
The judge said: "There is no suggestion he hit her. The evidence falls far short of that.
"There being no evidence of all of common assault, the appeal must succeed."
Addressing Mr Stelling, he said: "I do want you to ask the CPS and go and take this back – how on earth was this case prosecuted when in her statement there was no evidence she was assaulted?
"I am sure the prosecutor at the magistrates court will claim some degree of competence, if so its a degree of competence I am not familiar with."
Langford's sentence was reduced to a 12-month conditional discharge.
It means if he does not commit further offences during the period he will escape punishment for the offence.
Rulings to pay Miss Smart £75 compensation and an £80 Government victim surcharge were allowed to stand, but the court costs payable by Langford were reduced from £640 to £300.
