Nathan Toms has secured an intensive referral order for a youth, aged 14 at the time of the offences and 15 at the time of sentencing, convicted of grievous bodily harm with intent.
The victim sustained multiple stab wounds during a pre-arranged fight.
A favourable basis of plea was entered on the day of the trial, highlighting the victim’s role in arranging the fight and arming himself. Following submissions, this basis was accepted by the Court without the need for a Newton hearing.
At the sentencing hearing, the Defence's submissions regarding the law on ‘grave crimes’ were accepted. The Court concluded that, given the mitigation and circumstances of the defendant, although section 250 of the Sentencing Act 2020 applied, the venue allocation guideline persuaded the Judge to retain jurisdiction.
The Defence successfully opposed an application by the Crown for the Court to hold a fact-finding hearing regarding the persistence of the defendant’s previous offending history
Having ruled that a committal to the Crown Court under the grave crimes provisions was not appropriate, and that a detention and training order was not possible, the Court imposed an intensive referral order along with a restraining order.
This means the young client could return home after three months in a secure placement.
Nathan was instructed by Mr Richard Frank of Wannops.
Nathan Toms has a busy practice exclusively based in the criminal courts. He has experience defending in a wide range of matters and is known for his client care, easy-going demeanor, and natural advocacy. He is trial counsel for clients facing serious allegations involving kidnap, firearms, and serious violence with intent.
