Shearman Bowen made a successful application to dismiss on behalf of our client at Basildon Crown Court in front of Resident Judge, HHJ Leigh. Our client was accused of making a false statement to procure the burning of human remains, contrary to section 8 of the Cremation Act 1902.
It was alleged that our client falsely declared that her former mother-in-law was aware that she was applying to have her ex-husband cremated when, in fact, the dispute centred on the deceased’s mother’s and sisters’ upset at not having been invited to the funeral.
Following careful analysis of the evidence and the form of the indictment, Alistair Richardson of 6KBW, was instructed to successfully argue that the Crown had conflated the issue of knowledge of the fact of a cremation with knowledge of the arrangements for a funeral service. As a result, there was no evidence that the defendant had committed any offence. We are now pursuing a wasted costs application against the prosecution for bringing this case, seeking full reimbursement of our client’s costs.