Emily Mitchell represents a family at an inquest, securing a conclusion of unlawful killing

Emily Mitchell, instructed by Hudgell Solicitors, represented a bereaved family at an inquest at Croydon Coroner’s Court.

Riccardo Holness, aged 42, was killed following a single punch to the head, delivered following an altercation outside a bar in Beckenham in the early hours of 17 October 2021. Riccardo died in hospital on 12 November 2021.

The CPS decided not to bring charges against Mr Thomas Spicer, the individual who punched Riccardo.

The facts engaged the law regarding self-defence. The Coroner considered potential verdicts of lawful killing, unlawful killing or a narrative conclusion.

During the inquest, Emily cross-examined Mr Spicer who, in response to most questions asked of him, exercised his right not to answer questions as he believed his answers may have incriminated him.

Through questioning of an independent witness, Emily elicited answers to the effect that at the time of the punch, Riccardo did not pose an immediate threat to anyone and the use of violence was not necessary in the circumstances. In light of that, the witness’s view was that the punch was excessive. The Coroner viewed this account to be consistent with his own viewing of the CCTV footage and found that the force used was excessive in the circumstances.

The verdict returned was one of unlawful killing.

The family of Riccardo and Hudgell Solicitors have called for the CPS to reopen the criminal investigation. The press release is available here.

The inquest received extensive media coverage to include a review of Emily’s questioning of Mr Spicer and a summary of the Coroner’s decision.

 

Emily Mitchell accepts instructions in all of Chambers’ practice areas.  For further information, please contact her Clerking Team.

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