R v Dean Bell [Agreed facts]

At 1857 hours Grace Pegg was taken by ambulance to St Hilda’s Hospital. She was seen there by Dr Singh who examined her and ordered an x-ray. Dr Singh also examined Ms Pegg for signs of head injury or concussion. Following an X ray, his note reads as follows:

“Smells of alcohol. States has drunk 3 glasses of red wine this evening. Coherent and able to express self properly. Undisplaced hairline fracture of nose. No further treatment necessary. Told to attend hospital if problems with breathing or further heavy bleeding. No signs of concussion but usual advice of warning signs given. Advised to take paracetamol for pain relief”

Upon being presented to the Custody Sergeant, Mr Bell complained of pain to his right hand and his ankle. A doctor was present in the custody suite, dealing with another detainee. At 1955 hours, this doctor (Dr Marsh) examined Mr Bell. He recorded the following:

“Patient complains of pain to right ankle and right hand. Upon examination, right ankle is red and appears to be developing bruising. Pain upon movement of ankle and weight bearing. No indication of any fracture. Consistent with blunt trauma? No Abrasions to skin. Right hand appears red around knuckles but no signs of bruising. Pain seems to emanate from wrist when flexion occurs. Prescribed 2 paracetamol for pain. Fit to be detained and to be interviewed”

The 999 call was made at 1832 hours. The caller refused to give their name although a mobile telephone number of 07002 099099 was recorded by the operator. This number related to an unregistered “Pay As You Go” phone.
Dean Bell lives at 221 West Ham Avenue, London E15. His house is approximately 1 minute walk from West Ham Station on the District Line.
Harry Pegg lives at 21 Marmoset House, Glamis Street, London E1. His flat is a 5 minute walk from Primrose Avenue.
The map “TE/1” was drawn by a police support worker who visited the scene.
Neither Grace Pegg nor Harry Pegg have any criminal convictions. Dean Bell has one conviction recorded against him as follows:

On 12th June y-4, at Thames Magistrates Court, pleaded guilty to one offence of common assault. He was conditionally discharged for 12 months and ordered to pay costs of £100. The facts were that he was with friends in a pub when he accidentally spilled his pint of beer over another customer. Despite apologising, the customer deliberately poured his own pint over Mr Bell. Mr Bell immediately lashed out with his fist and caught the customer under the eye, causing a small cut. Police were called. Mr Bell was rude and aggressive to the police officer and was arrested for affray and common assault. No further action was taken on the affray