Judge incensed over bid to accept lesser plea in home violence case

Judge Kerry Macgill stood the case down at Leeds Crown Court so the Crown Prosecution Service lawyer involved could come to court to explain the situation.

After a hearing in chambers he returned and said it was now accepted that a "gross error of judgment" had been made but he wanted his concern to go on record.

The judge said: "Rarely have I been so incensed at the possibility of such a plea being accepted."

The 24-year-old defendant had indicated a plea of not guilty to causing grievous bodily harm with intent but guilty to grievous bodily harm. He is also accused of burglary.

Judge Macgill said it was alleged the man had kicked in a door and attacked his ex partner, punching her and then banging her head on the floor. While she was then cradling in her arms a four-year-old-child woken by the disturbance, he was said to have stamped on her face. The woman was treated in hospital for a four-inch cut on her scalp and a broken eye socket.

Judge Macgill said it was hard to imagine how any sensible person, whether a lawyer or not, on hearing of such alleged violence could consider it not deliberate.

Chief Crown Prosecutor for West Yorkshire Neil Franklin said later: "When making this decision, a CPS prosecutor did not address her mind to the alleged offence of serious violence and her decision to accept lesser pleas was only in respect of the other matters with which the defendant had been charged.

"Nevertheless we fully accept that this was a serious oversight. We must always ensure that every issue is addressed. In this case, this clearly did not happen."