Benjamin Aina KC

Benjamin Aina KC is a leading silk with extensive experience in the most serious and complex areas of criminal law. Renowned for his meticulous preparation and commanding court room presence, he specialises in murder, complex fraud, business crime, confiscation and asset recovery and serious sexual offences. He also has considerable expertise in commercial, constitutional and administrative law, and a wealth of experience acting in international and cross jurisdictional matters. He has previously been appointed to advise the Governor of the Cayman Islands concerning a police corruption inquiry. He has also advised a former governor of a Nigerian state, plus many high-net-worth individuals both in the UK and overseas. He has been instructed in over 70 homicide cases and has a particular speciality in defending juveniles accused of homicide. He is regularly instructed to act on behalf of high-net-worth individuals including footballers, musicians and politicians.

Benjamin is also highly experienced in advising in Private Prosecutions, both on behalf of the applicant, and the defendant.

Whilst primarily a criminal practitioner, he also maintains a significant public law practice.

Benjamin is frequently instructed in cases where there has been a fundamental failure within the criminal justice system, or where novel, difficult, or esoteric points of law arise. His work is characterised by matters requiring not only legal expertise but also careful judgment, and sensitivity.

Notable Criminal Cases

• R v Khan (2017) Benjamin took over the murder prosecution after allegations of misconduct by police witnesses and former prosecuting counsel. He successfully argued against abuse of process claims, advised on replacement of the police CCTV witness, and assisted the trial judge in navigating a complex three-month trial with sustained legal challenges.
• R V Beckford (2017) Five-handed murder and attempted murder arising from a gang shooting. Benjamin addressed the admissibility of gang evidence, PII applications, police witnesses under investigation, and expert imagery evidence.

• R v Adua (2017) Defended a 16-year-old in a four-handed murder and related offences involving torture and fatal knife injuries. Case required careful explanation of intent to a juvenile and running a defence without attributing blame to co-defendants.
• R v Nyarko (2017): Three-handed murder and attempted murder. The jury accepted defence medical evidence of PTSD, leading to conviction for manslaughter by reason of diminished responsibility and attempted murder. The case raised novel issues on psychiatric evidence, loss of control, and self-defence in juveniles.
• R v Cuthbertson (2017) Four-handed murder arising from a vigilante killing. Benjamin represented a defendant admitting presence but denying participation, navigating Jogee principles, no-case submissions, cut-throat defences, bad character evidence, and potential privilege. Defendant acquitted of murder; co-defendants convicted.
• Lucima v CCC; DPP v Woolwich [2020] EWHC 3243 (Admin): Benjamin invited the Lord Chief Justice to impose an eight-month custody time limit for juveniles during the pandemic. Although declined, Parliament subsequently adopted the approach in legislation.
• R v Lanning & Camille [2021] EWCA Crim 450: Benjamin invited the Court of Appeal to revisit the law on overwhelming supervening act in homicide cases, addressing secondary party liability where the defendant lacked knowledge of a knife.
• Anderson v AG Isle of Man [2021] UKPC 20: Prosecuting on behalf of the Attorney General, Benjamin advised on expert psychiatric evidence in diminished responsibility, assisting with interpretation of statutory provisions not previously considered by a UK appellate body.

Constitutional and Public Law matters

In 2008, Benjamin advised the Governor and Chief Justice of the Cayman Islands on the proposed removal of a Grand Court Judge for misbehaviour. This involved 20 criminal and civil cases, statements from court staff, court transcribers, members of the legal profession and the public, and detailed advice on the constitutional law governing judicial removal. He drafted proceedings that led to the convening of a Constitutional Tribunal. His role was expressly noted with approval by the Privy Council (Re Madam Justice Levers [2010] UKPC 24, paras 14–20, 32).

Between 2010 and 2011, he advised on complaints against three Grand Court Judges, the Attorney General, the Solicitor General, and a senior civil servant regarding an alleged conspiracy to prematurely end a police corruption investigation. He reviewed over 5,000 documents, managed tensions between the Governor, judiciary, and Attorney General, and temporarily performed the functions of the Attorney General. His 185-page report, later considered by Moses LJ, received judicial approval.

Selected Earlier Authorities

Benjamin has appeared in cases clarifying key principles, including: Okafor; Ofori & Tackie (No 2); ex p Salubi; De Silva; Abiodun; Malcolm v DPP; Wallace; Ulcay; R v Stanton; R v Sliogeris; and R v PW.

Advocacy Training

Benjamin is an Advocacy Teacher Trainer at Lincoln’s Inn and holds the highest grade of Tutor Trainer. He teaches Bar students, pupil barristers and newly qualified practitioners, and has trained advocates and judges throughout the Commonwealth and in the United States.