Practice areas

Cases of note

• criminal law

  R v S, 2017

  Attempted murder/Section 18, in which the defendant eviscerated his victim with a machete. Not guilty both counts.

  R v F, 2016

  A Royal Marine charged with fraud and theft and possession of 500 rounds of rifle ammunition. Not guilty on all counts Truro Crown Court.

  R v B, 2016

  Wood Green Crown Court. Attempted murder/Section 18. A North London street gang stabbing. Not guilty on all counts.

  R v Baker, 2016

  Attempted murder, in which the victim was stabbed 46 times. Snaresbrook Crown Court.

  R v M, 2016

  Gross negligence and manslaughter, whereby the victim was killed by mechanical digger – guilty, sentence suspended. Wolverhampton Crown Court.

  R v K, 2016

  Murder, the victim shot in care home by husband who was found not guilty of murder and sentenced to a hospital order. Chelmsford Crown Court.

  R v B, 2016

  Murder, in which the victim was beaten to death. Client found not guilty of murder, guilty of manslaughter and sentenced to a hospital order. Winchester Crown Court.

  R v F, 2016

  Murder, in which the victim was stabbed 8 times by neighbour. Found guilty of manslaughter – 13 years imprisonment. Inner London Crown Court.

  R v C, 2016

  The victim, a suspected paedophile, was stabbed. Chelmsford Crown Court.

  R v R, 2016

  Victim was beaten to death. Winchester Crown Court.

  R v L, 2015

  Historical child sex offences. Guilty and sentenced to 23 years’ imprisonment. Southwark Crown Court.

  R v R, 2015

  Victim was driven over 6 times with a large Mercedes. Defendant sentenced to life imprisonment. Chelmsford Crown Court.

  R. v. C, 2014

  Murder of one identical twin by the other. Winchester Crown Court.

  R. v. I, 2013

  Cage fighter acquitted of murder. Maidstone Crown Court.

  R. v. S and others, 2013

  Substantial fraud involving stolen scrap metal. Acquitted of all charges. Oxford Crown Court.

  R. v. N, 2013

  Attempted contract killing. Victim survived. Acquitted on all charges.

  R. v. A, 2012

  Contract killing. Central Criminal Court.

  R. v. H and another, 2012

  Billion dollar negotiable instrument fraud. Southwark Crown Court.

  R. v. G and others, 2012

  Drugs conspiracy involving transport of heroin through British Army bases in Germany. Manchester Crown Court.

  R. v. A and others, 2012

  Unprovoked attack on a man at night. Acquitted of manslaughter. Central Criminal Court.

  R. v. K and another, 2012

  Money laundering Columbian drug funds. Southwark Crown Court.

  R. v. A, 2011

  Rape, s.18 and child cruelty. Acquitted of all charges. Blackfriars Crown Court.

  R. v. R and others, 2011

  Conspiracy to import drugs by the ton from Columbia. Acquitted of all charges. Central Criminal Court.

  R. v. A and others, 2009 – 2012

  Known as the Airline Bombers’ Case. The defendant was acquitted of the main charge of conspiracy to destroy aircraft. Woolwich Crown Court.

  R. v. Brown and others, 2008

  Known as the Lakeland Terrorist Training camp case. B was acquitted. Woolwich Crown Court.

• business crime

  R. v. H and others, 2014

  Corporate manslaughter and health and safety offences. Acquitted of manslaughter.

  R. v. H, 2014

  Multi-million investment fraud. Southwark Crown Court.

News

Practice areas

Cases of note

• criminal law

  R v. C Prosecuting Queens Counsel

  Man kills wife due to lesbian affair. Loss of control defence. Defendant convicted.

  R v. PC Prosecuting Queens Counsel

  Man pushes former Eurotunnel boss onto train tracks. Attempted murder. Defendant convicted.

  R v. L & M: Prosecuting Queens Counsel

  Gangs steal free evening standard newspapers for profit. Instructed to give detailed advice on the law of theft. Both defendants convicted following trial.

  R v AJ Defence Queen’s Counsel

  Seven-handed murder. Obtaining successful acquittal on charge of murder. Manslaughter alternative verdict.

  R v. HA Defence Queens Counsel

  Four handed gang related murder at the Old Bailey. Successful acquittal.

  R v BP Defence Queen’s Counsel

  Two-handed murder. Obtaining successful acquittal on charge of murder of a 15-year-old. Manslaughter alternative verdict.

  R v Cr Defence Queen’ Counsel

  Acquittal of husband and wife (separately represented) on allegation of shooting and using a knife against family members inside and outside their home on Easter Sunday. Both accused successfully raising pleas of self defence.

  R v Cu Defence Queen’s Counsel

  Defending in four-handed murder. Victim attacked with various weapons and having been killed attempts had been made to dismember his body with an angle grinder. Accused acquitted of murder convicted of manslaughter but all other defendants convicted of murder.

  R v A Defence Queen’s Counsel

  Four-handed murder charge in context of drug-related offences. Allegations of torture. 16-year-old vulnerable defendant.

  R v N Defence Queen’s Counsel

  27 day three-handed murder and attempted murder, defending vulnerable 16-year-old defendant; victims also 16. Case involved the aftermath of an acid attack. Defences considered were diminished responsibility, legal loss of control, lack of intent and Post Traumatic Stress Disorder (PTSD), alternatively an adjustment disorder. D acquitted of murder but manslaughter by diminished responsibility.

  R v D Prosecuting Queen’s Counsel

  Death caused by driving when under influence of alcohol/drugs. Obtained successful conviction following 7-day trial for manslaughter.

  R v B Prosecution Queen’s Counsel with junior and disclosure counsel

  Five-handed murder, attempted murder possession of firearms and section 18 assaults. All parties both accused and victims were members of gangs in the Birmingham area.

  R v F K Prosecution Queen’s Counsel

  Five-handed attempted murder/conspiracy to cause grievous bodily harm involving serious allegations that police evidence had been planted and raising issues of when a judge should recuse himself in an ongoing case.

  R v. AJ [2018]: Defence Queen’s Counsel

  AG Ref. on sentence in Murder/manslaughter case. Sentence was not increased.

  R v PW [2016] 2 Cr.App R 27, Prosecuting Queen’s Counsel

  The applicable mens rea in indecent images, abuse of process principles; the Tryell principle, preferring indictments on electronic system; jurisdiction of the Court of Appeal in Terminating appeals.

  R v JM [2015] EWCA Crim 1928 Prosecuting Queen’s Counsel

  Issues arising relating to abuse of process; missing documents; terminating rules in the context of historic allegations of sexual abuse.

  R v Sliogeris [2015] EWCA Crim 22 Prosecuting Queen’s Counsel

  The correct approach to circumstantial evidence in murder cases.

  R v. Stanton [2014] EWCA Crim 1695 Prosecuting Queen’s Counsel

  The correct approach to bad character hearsay evidence where cut-throat defences are being run in murder cases.

  Ulcay [2008] 1CR.App.R.27

  Ambit and scope of cab rank principle in complex fraud cases.

  Wallace [2007] 2 Cr App R 30 a

  Application of bad character provisions in circumstantial evidence cases.

  Malcolm v DPP [2007] 2 Cr App R Prosecuting Counsel

  Admissibility of new evidence after justices have retired.

  Abiodum [2005] EWCA Crim 09

  Criteria to be applied before lawful intercepts can take place in prison.

  De Silva (2003) 2 Cr..App.R. 40

  Ambit of customs co-operation interviews.

  Ex parte Salubi (2002) 2 Cr.App.R.40

  Abuse of process in section 51 transfer cases.

  Ofori & Tackie (No 2) (1994) 99 Cr.App.R. 223

  Admissibility of foreign evidence in English Courts.

  Okafor (1994) 99 Cr.App.R.97

  Applicability of code C.10-12 in customs cases.
  
  

News

Practice areas

Cases of note

• criminal law

  R v BM and another – Old Bailey – July to August 2020

  On 10th October 2019 at 3.19 pm, a boy boarded the 241 bus on the way to Stratford wearing a balaclava and armed with a very large hunting knife. He proceeded to knife two 15-year-old schoolboys a total of 4 times, in front of terrified passengers, before running off the bus after B. A. who later died of his stab injuries.
  
  Mr Fuad QC’s client was also a 15-year-old schoolboy and was carrying an identical hunting knife in his rucksack which he was seen on CCTV to take out on the same bus to inspect. The defendants’ knives had been bought together. He was alleged to have been the look out and the one who “tipped off” his best friend from the top deck via a lengthy phone call, and other phone calls, to know which bus the deceased and his friends were on and pinpointing where the bus was.
  
  There was previous Snapchat talk involving all the boys in which knives were talked about and threats were made, including who was going to “be the first to be on someone’s blade.”
  Mr Fuad’s client was acquitted of all 4 counts.
  This acquittal adds to Mr Fuad QC’s quite extraordinary record of Murder acquittals, in particular over the last 10 years.
  
  The other defendant was unanimously convicted of the Murder of B. A. He will be sentenced in due course following probationary reports.
  
  This case has been widely reported in the national press, although reporting restrictions apply in respect of child defendants and witnesses.
  
  On a separate note:
  
  Both Mr Fuad QC and Miss Karaiskos are Cypriots who come from each of the island’s communities. The trial was a classic example of the two working as a successful, cohesive and powerful team.
  
  https://www.bbc.co.uk/news/uk-england-london-50427925
  
  https://www.independent.co.uk/news/uk/crime/london-stabbings-baptista-adjei-death-knife-crime-stratford-latest-a9153776.html
  

  Kerim was instructed by Mr Joel Lamptey of Hanson Woods solicitors.

  R v CM and another – Old Bailey – January to February 2020

  Murder and Conspiracy to rob. His client used a dumbbell to kill a drug user in Acton and steal cash and Rolex watches from him.
  
  Very powerful evidence connected CM to the murder scene, including; ANPR, CCTV, Cell site, three I messages sent to him by the co- defendant at the time of the killing referring to the need to “Hurry up and get the P,” a contemporaneous phone call that was recorded of the killing and Crimewatch searches done on his phone.
  
  He was convicted and received a life sentence with a minimum term of 32 years’ imprisonment.
  
  https://www.bbc.co.uk/news/uk-england-london-53310091
  
  https://www.mylondon.news/news/west-london-news/convicted-killing-dumbbell-17787100
  
  https://www.standard.co.uk/news/crime/ealing-paul-tong-murder-manslaughter-rolex-watch-a4367651.html
  

  Kerim was instructed by Shahid Khan of AdviceWise solicitors

  R v AM and others – Old Bailey - December 2019

  Kerim Fuad QC today secured the unanimous acquittal of a young man alleged to have been involved in a “brutal and savage” murder. The trial before HHJ Leonard QC at the Central Criminal Court began on the 2nd December 2019 and lasted four weeks. It was alleged that the victim was stabbed repeatedly to death with a large kitchen knife in front of horrified eye-witnesses in retaliation for being on the “territory” of the three defendants having threatened two of them with a knife. He was instructed on behalf of the first defendant.
  
  It was the defence case that the defendant together with a friend were being robbed by the victim, in an unprovoked incident, when another male emerged from nearby bushes and murdered the victim. It was advanced that there were, in effect, two separate incidents and thus the absence of a joint enterprise. Eye witnesses were skilfully cross-examined to establish a punctuation in time between the initial start of the incident, namely an altercation between the victim and the defendant said to be a robbery, and the end of the incident, when the stabber emerged from a hiding position and brutally attacked the victim.
  
  This was a highly emotive case involving four young males and brought under the spotlight the issue of joint enterprise post Jogee, and the sheer brutality and prevalence of knife crime.
  
  The stabber was duly convicted of Murder. The defendant and his friend were acquitted, however in such sad cases there are never any winners.
  
  This case was another acquittal for Mr Fuad QC marking number eleven of the most recent and sensitive murder cases in which Mr Fuad QC has successfully defended.
  
  It is the third consecutive acquittal for Mr Fuad QC and Mr Witcher when defending together in such cases.
  
  https://courtnewsuk.co.uk/accused-killers-were-in-wrong-place-at-wrong-time/
  
  https://www.dailymail.co.uk/news/article-7858197/Man-21-guilty-brutal-horrific-murder-18-year-old.html
  

  Kerim was instructed by Mahomed Ismail, Director of MFI Law, London.

  R v CS – Lewes Crown Court – November 2019

  In a murder case dubbed “The Midsomer Murder,” Kerim Fuad QC represented a man who broke into a Waterside house in Bosham, West Sussex late at night in December 2013 with a claw hammer. He used the hammer to attack and kill a grandmother who was house sitting. The horrific injuries, in particular to her head were described as “extreme and akin to those seen in a road traffic accident.”
  
  He then fled to Dej, Romania from where he was extradited under a European Arrest Warrant 6 years later.
  The case led to the most extensive police investigation in Sussex history. 9,000 people were interviewed and over 3,000 DNA samples were taken in a police hunt for her killer.
  
  The damning evidence was that he confessed to his ex partner and his dna was found on the bloodied hammer discarded at the scene.
  
  https://www.dailymail.co.uk/news/article-7236667/Hammer-killer-suspect-28-Midsomer-murder-case-Sussex-appears-Romanian-court.html
  
  https://www.telegraph.co.uk/news/2019/07/23/romanian-man-accused-midsomer-murders-killing-remanded-custody/
  
  https://www.thetimes.co.uk/article/suspect-in-bosham-hammer-death-of-valerie-graves-is-arrested-in-romania-px5szmbtl
  

  Kerim was instructed by Sef Mani of Bark and Co Solicitors.

  R v TP – Old Bailey- January to February 2019

  Mr Fuad QC represented Mr T.P who accused of the Murder of his wife and Arson with intent to endanger his family and an alternate count of reckless Arson.
  
  After a 13 day trial before the Common Serjeant of London, the jury found him guilty of murder, not guilty of Arson with intent, but guilty of reckless arson.
  
  The jury had been 2 days in deliberation.
  
  He was sentenced to a life sentence with a minimum term of 25 years’ imprisonment. He received a 7 year concurrent sentence for the reckless arson.
  
  His client was alleged to have strangled his wife and forced a flannel deep down the back of her throat whilst she was alive. The prosecution (and pathology evidence) strongly suggested he then dragged her across the floor, removing clumps of her hair (which were found in the hall way and bedroom), locked her in a bedroom and set her body (her head and private parts) and two rooms in the house on fire. Fire experts gave evidence as to it “having to be a deliberate setting of different fires in rooms.”
  
  His three children were prosecution witnesses against him saying he had dragged their mother across the floor from one room to another in which her body was found.
  
  T.P maintained that he was in fact dragging a suitcase, not his wife, and the killing and lighting of the three separate fires was an accident. He could not explain why he lit fire so close to her private parts, but said “it was spiritual like a séance.”
  
  When a neighbour, the deceased’s 80 year old parents and the refuse men came to the burning house to assist, he claimed many times over (and was captured on body worn footage) that his wife was not in the house but had “gone for a walk.” He verbally and physically pushed people out of the house refusing to let them into the bedrooms.
  
  He told the police that he had lit candles to “lighten the mood” and that the bite injuries which matched her teeth on his hand (a piece of his skin was later found), putting the flannel deep in her mouth, were caused by their pet dog. Other injuries to his face were caused; “when shaving.”
  
  Three weeks before the killing he had set up life insurance for the maximum payable to him upon his wife’s death of £310,000 and was also to benefit from her pension. The jury also heard of two earlier separate but unproven reports of him assaulting her, once by attempting to strangle her.
  
  He said in evidence that it was “a shame” she was dead.
  
  In evidence he said he was in shock and was attacked by his wife first who had kicked him to his knee, having initially given a “no comment” interview.
  
  https://www.bbc.co.uk/news/uk-england-london-47201007
  
  https://www.birminghammail.co.uk/news/midlands-news/controlling-bully-thomas-peter-who-15812151
  
  

  Kerim was instructed by Chanelle Wray of Dexter Henry Solicitors

  R v DB and others – Old Bailey – September – November 2018

  Kerim Fuad QC’s extraordinary run of Murder Acquittals continues On 31st October 2018, after a 7 week trial at his home court, the Old Bailey, Kerim Fuad QC’s client, D.B was unanimously acquitted of Murder. D was a 17 year old who was clearly captured on cctv running with a large knife in Logan Place W8 in a chasing pack of 20 young men who were chasing down a man, LB who was then, as the crown put it, “butchered” defenceless on the pavement. His client was also remarkably acquitted of manslaughter and violent disorder.
  
  It was the 9th acquittal Mr Fuad QC has secured in his last 10 trials.
  
  

  Kerim was leading James Hasslacher and instructed by Deborah Spence of Banks and Partners Solicitors

  R v F-D I and others – Old Bailey – November 2018 – January 2019

  Kerim Fuad QC maintained his unique and extraordinary run of 10 acquittals in his last 11 homicide trials, at the Old Bailey. He led Edward Boateng-Addo, also of Church Court Chambers, successfully representing Mr I who had allegedly played a key role in planning Mr S’s brutal killing with axe handles. He had followed and passed the deceased’s red car 13 times in a space of a few minutes whilst constantly on the phone for just under half an hour and reporting the movements of the deceased’s car to the driver of another car. The multi handed trial ran from early November culminating with their client’s acquittal today. The first 2 defendants were unanimously convicted of murder, another of manslaughter. Another defendant was also acquitted.
  
  
  

  Kerim was instructed by Ebenezer Madeinlo of Hanson Woods Solicitors.

  R v FK – Murder – Old Bailey – July 2018

  Kerim Fuad QC secures another Murder acquittal. After a fascinating and extraordinary trial at Old Bailey that ran some 6 weeks, the jury unanimously acquitted FK of Murder but convicted her of manslaughter. The case widely reported by the media. The defence case not helped by the client who had taken a video and photo of deceased dying on pavement which she posted with the words “that’s what you get for fxcking with me.” She also fabricated documents in the middle of giving her evidence.
  
  
  
  Telegraph
  
  BBC
  

  Kerim Fuad QC led Kevin Molloy of Church Court Chambers. They were instructed by Attiq Malik of Liberty Law.

  R v AS and others – Murder – Old Bailey – May 2018

  Kerim Fuad QC wins again Mr Fuad QC’s winning streak continued. The jury at the Old Bailey unanimously acquitted AS on counts of murder and also manslaughter as a lesser alternative. The incident arose over a £20 drug debt in Plashet Park in East Ham on 15th October 2017. AS’s case was that he threw one punch at a man who he thought was an aggressor and then withdrew from the incident. Another stabbed the deceased who died at the scene from a single wound to the heart.
  
  Telegraph
  

  Kerim Fuad QC was leading Robert Newcombe. They were instructed by Mahomed Ismail of MFI Law, Solicitors.

  R v D. L and others – Old Bailey – Murder. February 2018

  After a hard fought six week trial at the Old Bailey, Kerim Fuad QC and Fiona McAddy’s client, DL was the only one of the 5 defendants to be acquitted of Murder & Manslaughter. DL was unanimously acquitted.
  
  In what was one of his toughest cutthroat defences to date, Mr Fuad QC exposed the first 3 defendants’ lies, that their client DL was in the culprit car that went to the murder and whom was alleged by all to have played a lead part in the brutal and fatal knife attack on young Jermaine Goupall.
  
  This was in spite of DL getting a text shortly before the murder saying;
  
  “Get your nank we going 7.” 7 was a reference to “CR7” another part of Croydon with whom the gang who lived in “CRO” postcode had historical issues of taunting and violence.
  
  Complex issues relating to a co-defendant’s bad character dominated the case, and Mr Fuad QC’s powerful and incisive cross examination based in part around the fruits of the application decimated the accounts of the co-defendants, and critically, augmented the Crown’s case against them.
  
  Mr Fuad QC was the only silk to make a defence opening speech which firmly laid the foundation for their defence and took the sting out of the case against his client.
  

  He was instructed by Tim Edwards of Edwards Vaziraney.

• business crime

  R v S.H and others – Luton Crown Court -Rape and Misconduct in Public Office. December 2017.

  Mr Fuad QC represented the main defendant a Serco detention officer, Mr H, who was accused of very serious counts of rape and sexual assault of a female detainee at Yarlswood detention centre in Clapham, Bedfordshire.
  
  In addition his client faced an allegation of misconduct in a public office.
  
  In this high profile and complex trial Mr Fuad QC managed to thoroughly discredit the complainant’s account over two days by his incisive, sensitive but powerful cross examination.
  
  The allegations had hung over his client who was of impeccable character for over 5 years. His attention to detail and painstaking research into thousands of pages of material, comprising years of Serco and Home Office reports lead to a hugely focused and ultimately compelling cross examination of the complainant.
  
  His trademark opening speech set the tone from which the crown’s case never truly recovered.
  
  
  

  Kerim Fuad QC was leading Matthew Kirk instructed by Cartwright King Solicitors.

  R v S.E – Coventry Crown Court – Rape. October 2017

  Kerim Fuad QC succeeded yet again in university rape case.
  
  Mr Fuad QC represented a young man accused of the rape of a fellow University student. After a trademark opening speech by Mr Fuad QC, straight after the crown’s opening, and his meticulous cross examination (which was praised by the Judge for its sensitivity) Mr Fuad QC exposed the complainant’s account.
  
  Mr Fuad QC’s client who was a young man of impeccable good character, had given a complete and consistent account from the moment of his arrest that all sexual contact was consensual. He could not have assisted the investigation more.
  
  Unusually and a first for the very experienced trial Judge, the trial did not even get to half time as the crown in the exceptional circumstances of this case, simply had no choice but to offer no evidence after the cross examination had concluded. The Judge directed the jury who happily found him not guilty.
  
  Mr Fuad QC complimented his opponent in open court for the sensible decision he initiated, making plain how important it is that the independent Bar prosecute these sensitive and complex matters.
  
  
  
  

  Mr Fuad QC was instructed by Steve Halloran of Lawtons Solicitors.

  R v K.M and another – Old Bailey – Murder. July 2017.

  Another successful acquittal in a complex Murder trial, this time before HHJ Bevan QC at the Central Criminal Court. The victim had been stabbed at least 12 times in a senseless act of gratuitous violence; the motive inferred as revenge for the victim having dared “mess with the wrong people”. The defendant, K.M, an accepted road related (gang related) young man, was the owner of the car that carried the killers to the scene; the number plate having been noted down by an off duty police officer. The defendant was later positively identified on an ID procedure by an independent eye witness as being one of the two killers. When arrested the defendant’s face was half burnt – the car carrying the killers had been set on fire. Further, the defendant’s phone had ceased all contact with the co-defendant after the time of the murder.
  
  The jury acquitted K.M after the evidence, although seemingly compelling on its face, had been carefully dissected by the defence.
  
  The co-defendant was convicted of Murder and was sentenced to a life imprisonment with a minimum term of 26 years.
  
  
  

  Mr Fuad QC was instructed by Tim Edwards of Edwards Vaziraney and Co.

  R v L – Kingston Crown Court – Attempted Murder. March 2017

  An unusual case where the victim was stabbed repeatedly following a heated exchange over a trivial parking matter. The allegation was that the defendant, having had a fight with the victim on his doorstep, retreated to his house and retrieved a kitchen knife. After a few moments he was then captured on CCTV running through the cul-de-sac where both parties lived. Whilst the victim was sat in his car, unarmed, trapped by his seatbelt and sitting next to his partner, the defendant stabbed repeatedly through the open window, causing “devastating and life changing injuries.”
  
  The case was unusual in that the defendant’s evidence was that he simply could not remember what had happened – one moment he was at his front door with the victim, the next he was standing with a knife with people screaming at him that he had stabbed someone. The Crown argued that there was a clear intent to kill in that the defendant had said, as he went to get the kitchen knife; “Just watch what is going to happen next.” He then plunged the knife repeatedly into the victim and had told officers soon afterwards that he “had seen red mist”. He also made other unhelpful remarks noted by police officers. By good fortune and the commendable work of paramedics the victim survived, albeit being in a coma and sustaining life changing injuries. He spent many months in hospital. The added complexity to the case was that the defendant’s previous firm of solicitors withdrew having unusually breached legal privilege. As such the entire former legal team withdrew only a few days before the trial was scheduled to commence. The Learned Judge, HHJ Dodgson recognised that this unusual case deserved the attention of Queen’s Counsel – Kerim Fuad QC and Colin Witcher were instructed. The trial had in the first instance to be adjourned in October 2016 and the jury discharged, Counsel rightly not being satisfied that the case had been fully prepared by the original legal team and that critical matters of disclosure remained outstanding. The trial then took place this week and after a five day trial the jury took only an
  
  hour and a half to unanimously find the defendant “not guilty” of Attempted Murder.
  
  Kerim Fuad QC took the decision to make a robust and persuasive opening speech which helped quell much of the fire of prosecution counsel’s speech.
  
  The defendant had earlier pleaded guilty to section 18.
  
  Press: ITV: http://www.itv.com/news/london/2017-03-15/knifeman-jailed-for-frenzied-attack-on-his-neighbour-in-trivial-parking-space-row/ Standard: http://www.standard.co.uk/news/crime/jailed-for-five-years-thug-whose-frenzied-knife-attack-left-neighbour-in-coma-a3489841.html
  
  
  
  

  Counsel were instructed by Karmenah Vaziraney, Partner at Edwards Vaziraney

  R v J – Old Bailey – November 2016

  The Uber driver murder.
  
  Mr L googled how to stab his wife in the most painful way hours before he did so, inflicting many stab wounds.
  
  
  

  He was instructed by George Kampanella of EBR Attridge and Co

  R v E.S and others – Bristol Crown Court – May 2016

  Kerim Fuad QC’s client was acquitted of Murder in triple stabbing incident.
  
  After a two month Murder trial before the Honourable Mr Justice Openshaw, the jury unanimously acquitted Mr Fuad QC’s client, E.S of both Murder and S.18.
  
  E.S was one of the main defendants and was caught on a covert prison van recording, confessing to not only ‘not knowing whether he
  
  had licked the victim’ but also shouting ‘Get the Ting,’ at the time they were alleged by eye witnesses to have gone to the boot of the car to obtain the murder weapons.
  
  Two of the co-defendants were convicted JB of both Murder and S.18, and ND convicted of S.18. The rest were acquitted.
  
  Kerim Fuad QC led Ray Tully of Guildhall Chambers.
  
  

  He was instructed by Damon Whitlow and Emily Evans of Allen Hoole Solicitors, Bristol

Articles by Kerim Fuad QC

News

Practice areas

Cases of note

• criminal law

  R v SB and others

  Representing KM in R v SB and others (Operation Vex) Kingston Crown Court. Defendant involved in a massive MTIC fraud, causing a loss of approximately £90 million to the taxpayer.

  Anwoir, Meghrabi and others

  Representing JM in the second trial arising from the landmark proceeds of crime case, Anwoir, Meghrabi and others. Money laundering of £40 million through London Currency Exchange Bureau. Kingston Crown Court.

  R v Miah and others

  Defending in a money laundering enterprise through a Midlands currency exchange.

  R v Singh and others Central Criminal Court

  Defending the so called “honour killing” of Geeta Aulukh in a residential street in Southall by defendant and 3 others using machetes.

  R v Aiden Jackson CPS Lincoln/East Midlands

  Prosecuting leading Counsel Homophobic murder of an elderly disabled man by a 17 year old teenager who had lured the victim to a remote area in order to kill him.

  R v Malik Blackburn and another St Albans CC Thames Valley Complex Crime Unit (TV CCU)

  Conspiracy to Murder. Leading Prosecuting Counsel in a targeted shooting of a Organised Crime gang rival – The victim survived the attempt on his life and refused to provide evidence to the Crown of who shot him.

  R v Malik Blackburn St Albans CC TV CCU

  Corruption – Leading Prosecution Counsel in a case involving payment to a civilian employee in order to obtain access to Police Computer database and obtaining information on rival organised crime gang members. Computer and telephone evidence issues.

  v Masciopinto and 4 others Luton CC TV CCU

  Heroin and Cocaine supply conspiracies– Leading Prosecution Counsel involving surveillance visual and probe material. Sensitive unused material issues.

  R v Craig Leighton Reading CC CPS Reading

  Murder of a visually impaired and disabled man by the defendant.

  R v Wall and 2 others Reading CC TV CCU

  Leading Prosecution counsel. Murder of an Asian gang member by a rival Black gang in Slough. Gang member issues and anonymous witnesses.

  R v Newell and 4 others Luton CC TV CCU

  Conspiracy to Murder and attempted murder. Leading Prosecution Counsel Contract killing paid for by an organised crime gang on 2 rival gang members in Luton.

  R v Wali Khan & Others Birmingham Crown Court Mr Justice Globe

  The torture and murder of a businessman in a targeted robbery at residential premises in Leicester. The murder was carried out by the defendant and two others, forcibly wrapping the head of the deceased with layers of cloth in order to kill by asphyxiation. Cut–throat defences.

  R v Muhammed Shafi Reading Crown Court HHJ Z Smith

  A pre–planned murder of the defendant’s female partner, who was taken to a remote area late at night, the defendant using a knife and heavy metal cutters to kill. Loss of control was raised as the defence to murder.

  R v Frankie Parker and Gary Smith Cambridge Crown Court Mr Justice Singh

  The beating and brutal murder of a 76 year old man during a robbery, carried out in his own home by the defendant and another. Cut–throat defences involving witnesses who were all from the travelling community.

  R v Sandhu Penuts Harrow Crown Court

  An Albanian drug cartel the subject of surveillance operations conducted by the Serious Crime Agency. Defendant found with 4 kilograms of Heroin (street value 1 million pounds) and acquitted.

  R v Mark Lewis Northampton Crown Court

  19 year old defendant who robbed and killed a stranger in the town centre in the early hours of the morning.

  R v Sajjad Hussain & others Luton CC

  Defendant with three others attacked rival gang members with meat cleavers in Bedford Town centre, murder of one man and the attempted murder of another.

  R v Quaye and 2 others Norwich CC

  Leading Prosecution Counsel. Two defendant’s, age 15 and 17, charged with murder of a young man at a party by joint enterprise stabbing. Third adult defendant involved in assisting an offender after the murder.

  R v Suleiman and others

  Chelmsford Crown Court - joint enterprise murder.

  R v Hnida and others and R v Stawski

  Oxford Crown Court - Polish gang related murder.

  R v Clements

  Hull Crown Court - defending murder involving a killing by the cutting of the throat in a residential street.

  R v Thomas White

  Luton Crown Court - murder of a man involving GHB/GBL and Mephedrone overdose.

  R v Lewis Thornton

  Wolverhampton Crown Court - manslaughter during a robbery.

  R v Robert Chellingworth

  Exeter Crown Court - Assisted suicide.

  R v Paul Cooke

  Wolverhampton Crown Court - Prosecution of Murder of elderly homeowner during robbery.

  R v Michael Dannaher

  Oxford Crown Court defending the Excel Sheet/Wind in the Willows 1st Edition Murderer who was targeting celebrities.

  R v Swift, Ryan and 3 others

  Chelmsford CC – Honey trap murder prosecution.

  R v Ben Richardson

  Nottingham Crown Court - Prosecution of Murder by 19 year old with fitness to plead, diminished responsibility and loss of control issues.

  Operation Diesel

  Prosecuting Operation Diesel Birmingham CC. A 13 defendant Conspiracy to supply Cocaine and Money laundering.

  R v SE Cardiff Crown Court, December

  Recently advised and obtained leave to appeal the conviction of a mother for the murder of her 7 year old son by beating because of a failure of the boy to recite the Koran properly. Issues raised on appeal as to failure of trial Judge to allow expert evidence on Honour based violence sustained by the defendant at the hands of her husband.

  R v H Nottingham Crown Court

  Representing a Solicitor, who faced witness intimidation charges arising out of a criminal trial that he himself conducted. Appeal against original conviction successful but Court of Appeal ordered a re–trial. Appeared for the defendant in the retrial and Defendant was acquitted after submissions made of no case to answer.

News

Practice areas

Cases of note

• criminal law

  R –v- Petraglia (2017)

  Southwark Crown Court – Defendant acquitted on all charges in 3 month money laundering trial involving Multi-Million Pound alleged Italian Mafia linked Bureau de Change Fraud and linked tax avoidance case.

  R –v- C (2017)

  Inner London Crown Court – Defendant acquitted on Marital Rape case after submissions on disclosure forced Crown to offer to offer no evidence – ground-breaking case as to disclosure in sex cases.

  R –v- DC (2017)

  Lewes Crown Court – Acquitted in University Rape Case.

  R –v- Mitchell (2017)

  Lewes Crown Court – Acquitted of Murder in Multi-handed murder trial – after successful submission of no case to answer at close of Prosecution case.

  R –v Cash (2017)

  Guildford Crown Court – Defendant acquitted on all charges in Modern Day Slavery Case.

  R—v- Sadler (2017)

  Cardiff Crown Court – Defendant acquitted on Murder Charges – daughter had killed father in house fire and found not guilty by reason of insanity.

  R v D (2016)

  Chichester Crown Court : Historical Sex abuse case by carer on children and separate Adult Rape Allegations – acquitted on all charges.

  R v Meade ( 2015)

  Lewes Crown Court – Paedophile ring familial sex abuse trial- representing vulnerable Defendant.

  R v – X (2015)

  Belfast Crown Court – Paramilitary case – Attempted Murder/Perverting the Course of Justice.

  R v Miles Headley

  Instructed on high profile case focused on the rivalry between prolific south london gangs. National newspapers ran features on the prevalence of such gangs which are responsible for some of the worst crimes committed in recent years by organised gangs in the capital. Defendant cleared of two attempted murders.

  R v Steven Miles

  Instructed on the dexter copy-cat murder case where a teenager fascinated with the hit tv show “dexter” murdered his 17 year old girlfriend in a sadistic fashion. Overview as to applicability of defence of diminished responsibility and brain disorders.

  R v Sandland

  Instructed in “Assassins Creed Baby Murder” case. Huge media coverage across national headlines in extraordinary baby shaking case with medical complications for both baby and Defendant, who required 29 medical experts for assessment.

  R v Khan [2014]

  Conspiracy to murder; hired assassins; defendant acquitted.

  R v RH [2014]

  Multi-handed murder of homeless man; defendant acquitted of murder.

  R v Nichols [2014]

  Complex murder trial at the Old Bailey; new defence of “loss of control”; acquitted of murder.

  R v Haskell [2013]

  Trial of one of oldest historic rape cases in UK dating back half a century; Defendant acquitted.

  R v Vijashinghe [2013]

  Multi-handed, 6 defendant, Sri-Lankan Gang related murder trial at Old Bailey; representing only defendant to be acquitted.

  R v JC & others [2013] EWCA Crim 368

  First judgment of Court of Appeal by Lord Chief Justice on new slavery offences; Lewis Power QC leading 4 Junior counsel.

  R v Tommy Connors [2013]

  The first ever prosecution of the new offences of “Slavery” under the Coroners & Justice Act 2009; acquitted all charges at re-trial.

  R v Brida Connors [2012-2013]

  Representing only female defendant in Irish Traveller slavery case.

  R v Denford [2013]

  Church of England Vicar with historic sexual abuse allegations within Church.

  R v El-Kurd [2013]

  Largest money laundering case involving Bureau de Change in UK to date; involving laundering of approximately £200 Million.

  R v W & W [2013]

  Representing defendant in million pound bank factoring fraud & building construction fraud.

  R v Teke [2013]

  Attempted murder by youth in racially motivated campaign.

  R v Topping [2012]

  “The Missing Body Murder Case”; representing only defendant to be acquitted.

  R v Harris [2012]

  Sophisticated fraud on law firm by employee.

  R v Biliniewicz [2012]

  Murder of wife case where defendant advanced “morbid delusional jealousy” as partial defence re diminished responsibility.

  R v Sole [2012]

  Baseball bat murder.

  R v-M [2012]

  National art fraud conspiracy.

  R v Shephard & Steele [2011]

  Serious Fraud Office (SFO) international prosecution where some 22 Million Euros were dishonestly appropriated by the Defendant.

  R v Megan Smith [2011]

  Multi-million pound international identity fraud.

  R v Wasim Sheikh [2011]

  A complex conspiracy to defraud the O2 Telecommunications Network by way of an International Revenue Share Fraud (IRSF).

  R v Mike Zur [2011]

  Murder – one of the first murder cases under the new legislation re partial defence for murder in diminished responsibility cases;defendant was putting forward “Alcohol Dependency Syndrome “as diminished responsibility defence.

  R v Simon Gold [2011]

  Murder; manslaughter contrary to the common law and one count of administering a poison or noxious substance so as to endanger life, contrary to section 23 of the OAPA 1867; defendant giving a lethal heroin injection.

  R v Lambeth [2011]

  Manslaughter; cyclist road rage.

  R v Abdelgadir & Others [2008]

  London terrorist bombings case where only 1 out of 2 defendants acquitted.

  R v M [2007]

  Leading Counsel in the “Adams Family” gangland case “Operation Trinity”; joint Police and MI5 case quoted as the biggest corruption case to come before the UK Courts; acted as leading counsel and secured acquittal for family Accountant.

• international law

  R v Cheddi

  Acted for the first Defendant in this International Fraud case which involved the infamous Indian Corporate Giant Company Sahara India Pariwar. Secured the acquittal of the Defendant. Highly complex and novel case involving International Corporate Fraud on a huge scale and where the Crown acknowledged that this case involved concepts of “International Capacity Building” on money laundering and cash smuggling with recent foreign deployments and also and most crucially “Alternative Remittance Systems and Informal Value Transfer Systems” such as Hawala.

Articles by Lewis Power QC

News

Practice areas

Cases of note

• criminal law

  R v Hassankhail

  Child Abduction Act, compatibility with Human Rights Act, 2015

  R v Benn

  DNA challenge to robbery identification, 2015

  R v Anderson and Dennis

  Affray and self defence, 2015

  R v Nyandu

  Non-insane automatism, 2014

  R v Kankananage

  Computer Sales Fraud, 2014

  R v Carth

  Using noxious substance with intent to do GBH, 2014

  R v Kerr

  Blackmail, 2014

  R v Carty

  Dangerous Driving and identification, 2014 Court.

Practice areas

Cases of note

• international law

  Counsel to Thelen Marrin Johnson & Bridges of San Francisco

  Insurance coverage litigation and arbitration

  Counsel to Sidley & Austen of New York and Chicago

  Antitrust/competition issues.

  Counsel in attendance at Senate Confirmation Hearings

  on Appointment of Special Attorney General for Antitrust.

  Counsel to Amnesty International

  Human rights litigation.

  Counsel to Dene Nation at United Nations

  Human rights conflict resolutions.

• civil law

  Member of Parliamentary Group for children in care

  Member of Family Justice Reform committee

  Re Asbestos Coverage Cases

  Presenting US Insurance industry in litigation against Lloyds of London –”LMX Spiral.”

  Atlantic Capital v Johnson

  £100m “share ramping” allegation.

  Bank of Angola v Kojo

  Multi million pound Anton Pillar fraud.

• criminal law

  R v Ludford & Ors

  Alleged multi-million pound excess fare frauds successfully defended.

  R v Smith

  Multi-million pound advance fee fraud successfully defended.

  R v Goff

  Alleged perverting course of justice in civil proceedings-successfully defended.

  R v Sansom

  £100M drugs importation.

  R v B

  Murder by poisoning –successfully defended.

  R v C

  Multiple murders by stabbing –successfully defended.

  Prosecution

  Counsel for Scotland Yard, Civil Aviation Authority, Port of London Authority, Serco

News

Practice areas

Cases of note

Practice areas

Cases of note

• business crime

  R v X

  Instructed as leading counsel in multi-handed million pound fraud trial at Southwark Crown Court to commence in 2016.

  R V Gorecia 2010

  The defendants were accused of cheating the Revenue of £1.2 million pounds. An abuse of process argument advanced by previous counsel had been dismissed. The defendants continued to maintain they had immunity from prosecution. Isaac Jacob of 9 Stone Buildings co-defended in the matter using a multi-disciplinary approach with their respective knowledge of tax law and criminal law. In due course the Revenue found a file which lead to the re-opening of the abuse argument and the case against the defendants was stayed.

  R v W and others

  In R v W (and others) at Maidstone Crown Court the defendant was charged with a conspiracy to defraud the NHS by way of dishonesty in respect of procurement of contracts. The trial was estimated to last 6 weeks but collapsed after 4 days as a consequence of the defence raising issues in connection with disclosure and failure of the Crown to properly investigate matters which may have pointed to the defendants’ innocence.

  R v X

  Croydon Crown Court. Defendant charged with substantial benefit fraud but no evidence offered after DWP accepted the level of domestic violence she had suffered was so severe that she was psychiatrically incapacitated by post traumatic stress syndrome.

• criminal law

  R v X

  Drugs Importation / Class A Drugs at Croydon Crown Court.

  R v X

  Case involving serious Harassment of Officials with issues of Fitness to Plead to be determined at Aylesbury Crown Court.

  R v M and others

  Case involving the arranging of Sham marriages. Newcastle Crown Court.

  R v X

  Sham marriage case at Isleworth Crown Court.

  R v X Central Criminal Court

  Undercover police operation in respect on online attempts to be provided with 3 year old child.

  2019 R V M Woolwich Crown Court

  Supply of class A drugs. Defence of duress advanced.

  2019 R v T Luton Crown Court

  Sexual Activity with child. Female offender.

  2018 R v M Birmingham Crown Court

  Acting for the lead defendant in multi-handed trial accused of blackmail, threats to kill and witness intimidation.

  2018 R v S Birmingham Crown Court

  Drug importation. Multi-handed case concerning the importation of £1 million pounds of heroin.

  R v Bernard Wright

  [Serial rape case with defendant attacking victims at knifepoint]

  R v Peter Ramsay

  [Internet date rape case followed by serious physical assault on victim]

  R v X Woolwich Crown Court

  [Rape of 13 year old girl by mentally impaired defendant]

  R v X Woolwich Crown Court

  [Sexual Assault upon stepdaughter]

  R v X Inner London Crown Court

  [Multi-handed rape by school boys upon fellow pupils]

  R v X Croydon Crown Court

  [Historic sexual abuse by stepfather upon stepdaughters from different families. Abuse spanning 1960’s -1980’s]

  R v X Croydon Crown Court

  [Historical case. Rape by father of his biological daughter when she was 11-14. Complaint made when accused aged 76]

  R v X Reading Crown Court

  [Historic sexual touching of granddaughter. Successful application to exclude lie detector evidence the Crown wished to place before the jury]

  R v X

  Child Cruelty. Croydon Crown Court. Mother aged 17. Accused of fracturing bones of new born baby.

  R v X

  Aggravated Burglary Luton Crown Court. Brain injured defendant accused of breaking into his sister’s house and attempting to kill her.

Articles by Lesley Manley

News

Practice areas

Cases of note

• criminal law

  R v B 2018

  Snaresbrook CC. Successfully defended a warehouseman in £8m value drugs importation from Holland investigated by The Serious and Organised Crime Command. Operations Ultra, Bush

  R v M 2018

  Successfully defended a man at The Central Criminal Court accused of wounding his brother with intent to cause GBH when he drove his truck onto the pavement at the victim.

  R v K 2018

  Operation Cave, Wood Green CC, defended in a £1m tobacco and alcohol duty evasion organised crime case.

  R v O 2017

  Operation Pileated, Cambridge CC Represented a defendant in a courier fraud conspiracy involving multiple elderly victims.

  R v S 2017

  Operation Limit, Leicester CC. defended in an allegation of the supply of “Skorpion” machine gun and ammunition as part of organised crime group.

  R v K 2017

  Nottingham CC, Operation Feast & Zephyr. Lead defence counsel in industrial scale cocaine supply from London to Northampton.

  R v S 2017

  Leicester CC. Represented a man accused of serial rape and sexual offences on young boys in 1980s.

  R v S 2017

  Leicester CC. Represented a male accused of serious sexual assault by penetration of a resident in a special needs care home.

  R v A

  Snaresbrook CC. Prosecuted a teenage male for rape of 10 year-old sister.

  R v B 2015

  Represented the alleged leader of gang of five men responsible for the kidnap, false imprisonment and torture of two separate victims and subsequent blackmail of the families.

  R v S 2015

  Defended one of five men accused of largest haul of ram -raid burglaries of rural banks in East Anglia.

  R v N 2015

  Successfully defended man accused of multiple rape counts.

  R v H 2015

  Prosecuted a case of familial sexual allegations dating back to 1965.

  R v G 2015

  Represented the man known as the “night stalker” in his appeal against conviction for several rapes of elderly people in their homes.

  R v R 2014

  Represented man accused revenge slashing of former police officer investigating licensed taxi offences.

  R v T 2015

  Successfully prosecuted a leader of a gang of men who had embarked upon a campaign of rape and sexual offences towards a 12-16 year old girl in Bucks in 2004-13.

  R v M 2013

  £1.5 m VAT Evasion Prosecution Central CC for HMRC.

  R v W 2012/13

  Leading defence counsel in the largest ever Flying Squad Bank Robbery Operation involving over 12 armed bank robberies spanning 10 years.

  R v H 2013

  Successfully defended one of the three acquitted defendants out of ten Charlton FC fans accused of racist violence.

  R v K 2013

  Defended man in multi handed trial in which he was accused of firearm possession in large Trident case.

  R v T 2013

  Defence counsel in successful defence of man accused of domestic violence featuring all the accused’s children supporting his “battered wife”.

  R v M 2013

  Successfully represented woman accused of stabbing her former boyfriend in the street.

  R v C 2012

  Defence counsel in multi handed car ringing/burglary case in Maidstone CC.

  R V A 2012

  Central CC. Successfully defended when led by QC man accused of murdering drugs rival with shotgun.

  R v M 2010

  Conducted an appeal against conviction before full Court of Appeal in the case of an appellant who had been convicted of throwing acid over barristers appearing against him in a High Court action he was bringing. High Court barrister burned in courtroom acid attack.

  R v M 2010

  Defended an alleged gang member accused of having a sawn off shotgun which was alleged to have been used to threaten others.

  R v G and others 2008

  Represented a defendant who was acquitted of his part in a murder and further stabbing of another victim in an alleged racist gang attack in the Isle of Sheppey.

  R v A 2009

  Familial historic sexual assault.

  R v W 2007

  Leading defence counsel for one member of a cash-in-transit robbery gang. K.B., the leader of said gang, was a notorious criminal. The trial lasted three months and was conducted under the tightest security ever witnessed in an English court.

  R v A 2007

  Representing as leading counsel one female member of a gang said to have committed the largest alleged fraud of its time on a health authority: NHS fraudsters jailed (From News Shopper).

  R v H 2010

  Sexual assaults on children within a church congregation.

  R v N 2010

  Random slashing of stranger giving rise to IPP sentence.

  R v S and others 2010

  An internal fraud of a national bread manufacturer by managers worth £300k.

• business crime

  2016

  Instructed for the Finance Officer of a business who along with others is accused of a £1.5m fraud on State/ local authority agencies in a trial listed for 2016.

News

Practice areas

Cases of note

• criminal law

  R v O

  People trafficking, young women from Nigeria to Prague and then on to Heathrow, case required an understanding of the Nigerian culture and traditions of Nigerian village traditions.

  R v R

  Defendant charged with rape allegation that the victim was drugged. Defendant acquitted.

  R v O

  International sex trafficking gang, trial at the Central Criminal Court.

  R v DN (akaL-F)

  Representing serving prisoner in sexual activity with a child. Defendant had substantial links with the Manchester underworld.

  R v N

  Illegal immigrant fraud exposed by BBC Panorama programme.

  R v B

  Representing man charged with historical rape offences whilst serving a long sentence for rape.

  R v S

  Multi handed fraud case in the North of England.

  R v T

  Perverting course of justice in a multi handed Murder case

  R v I

  Multi-handed mortgage fraud heard in Manchester Crown court.

• business crime

  R v A

  Leading counsel in £1 million fraud. Five men charged with setting up fraudulent firm with the aim of providing fraudulent HGV licence. Representing only defendant to be acquitted.

• banking and finance law

  R v O

  Banking fraud, money laundering.

News

Practice areas

Cases of note

• criminal law

  R v R

  Leading Counsel in R v R where the Crown and co-defendant, (a practicing solicitor) were represented by Silk and Juniors. Secured an acquittal following a successful dismissal argument in an international money laundering case that had taken 6 years to come to trial.

  R v P

  Led a junior in a large scale conspiracy in Plymouth Crown Court where it was alleged that huge quantities of Class A drugs were being brought into ports from Holland.

  R v W

  Led a junior in a heroin conspiracy where a huge network of defendants were charged and the trial process in total took almost 6 months.

  R v R

  Represented a client charged with conspiracy to pervert justice in civil proceedings where her two co accused were practicing solicitors. It was alleged by the Crown that his client had falsified documents and altered civil pleadings. The client was eventually acquitted after a trial lasting 6 weeks.

  2019

  Andrew is currently appearing in a long running case in Inner London Crown Court where his client is facing two allegations of MTIC fraud along with money laundering

  2019

  Later this year Andrew is instructed on behalf of a defendant who is facing an allegation of murder where it is suggested that he used a sawn off shotgun to kill a man over a dispute they were having. The case is listed to last 6 weeks.

  October 2019

  Andrew is representing a Defendant who along with two others is accused of conspiracy to defraud a local authority out of hundreds of thousands of pounds.

  September 2019

  In September Andrew is due to represent a client facing multiple Human Trafficking allegations.

  December 2015

  Andrew achieved the first acquittal in “Operation Dino” which involved 89 Defendants who were charged in a well-publicised case known as “Cash for Crash” and involved conspiracies to defraud. The Crown ultimately convicted 87 of the Defendants.

  November 2016

  Andrew’s client in a double handed murder ran cut throat. He was acquitted of murder but convicted of Manslaughter. The co accused was convicted of murder.

  May 2016

  Andrew’s client in a long case at Southwark Crown Court was acquitted of conspiracy to defraud the DWP of almost £1 million.

News

Practice areas

Cases of note

• criminal law

  R V S

  This was a case where it was alleged that the defendant was a serial rapist who had raped 3 women who were unknown to each other. Following a day of legal argument, the Crown offered no evidence.

  R V D

  This was a case which was widely reported in the National Press ( http://www.dailymail.co.uk/ news/article-2063439) It was an historic allegation of Rape involving 2 young complainants.

  R V F

  This was a case involving allegations of Sexual Activity with multiple complainants who were suffering from dementia by an employee of a Care Home.

  R V F

  This was a case involving an allegation of Rape where both the complainant and defendant suffered from very severe learning difficulties and mental health problems. Both required intermediaries. The defendant was acquitted of the charge.

  R V Y

  This was a case concerning an allegation of Rape where it was alleged that a date rape drug had been administered. The defendant was acquitted.

  R V J

  This was an allegation of Rape where the complainant had learning difficulties. A defence application for disclosure was made and this resulted in the CPS obtaining third party material. In light of this material the Crown offered no evidence.

  R V E

  This case involved an allegation that the defendant was part of a long running international advanced fee fraud which involved the defrauding of millions of pounds from vulnerable victims.

  R V L

  In this case it was alleged that the defendant had fired a shot gun at a 12 year old girl, causing injury.

  R V K

  This was a case involving a conspiracy to supply large quantities of Cocaine that originated from Colombia.

  R V W

  This was a case involving 2 separate conspiracies to supply large quantities of Cocaine.

  R V C

  This case involved an employee of the DWP who was alleged to have made a fraudulent claim re invalidity benefit. There was extensive surveillance evidence and expert medical evidence. The proceedings were stayed as a result of a successful abuse of process application being made.

News

Practice areas

Cases of note

• criminal law

  R v AH

  Defending as junior counsel the main 18-year-old defendant in a revenge murder.

  R v I

  Defending Yarlswood detention officer charged with sexually molesting a detainee.

  R v W

  Historic allegation of molesting boys in the woods (high profile case).

  R v H

  Attempted murder with a knife in a revenge attack between drug dealers.

  R v W

  Sham marriages conspiracy with brides being flown in and out of the UK.

  R v N

  Housing benefit fraud defending the lead applicants partner.

  R v H

  Defending in False Trademark prosecution.

  R v S

  Violent disorderly involving two rival gangs.

Articles by Michelle Clarke

News

Practice areas

Cases of note

News

Practice areas

Cases of note

• criminal law

  R -v- Ian Hersey [1998] Crim.L.R.281 CA.

  This is the leading authority on voice identification and the first case in England and Wales to rely solely on voice identification using sophisticated auditory techniques without any further supporting evidence. It broke new ground at the time and resulted in a new area of forensic expertise.

  R -v- Lynsey (Jonathan Simon) [1995] 3 All ER 654

  This case resulted in the CA deciding that for the purposes of the Criminal Justice Act 1988 Common Assault was to be construed as including Battery. It involved tracing the entire history of the law relating to violence and is used today for statutory construction.

Practice areas

Cases of note

• criminal law

  R v A – Reading Crown Court

  Attempted murder – Complex case involving multiple experts on injuries, weapon, glass, CCTV identifying vehicle, cell site and mobile phone evidence.

  R v O – Peterborough Crown Court

  Historic rapes and ABH. Acquitted on rapes.

  R v B – Bristol Crown Court

  Leading Ms. Chiara Maddocks. 8-week carbon credit fraud. Six hander, conspiracy to defraud and conspiracy to convert criminal property. Voluminous commercial, financial and digital evidence, expert evidence and over 50 lay witnesses. Acquitted on both charges.

  RSPCA v W

  s.8 Animal Welfare Act offences re organised dog fighting.

  R v C – Hove Crown Court

  Conspiracy to produce cannabis – Cut-throat three-hander. DNA, fingerprint and satellite navigation evidence.

  R v E – Oxford Crown Court

  s18 GBH. Suspended sentence and compensation order.

  R v W – East Croydon Crown Court

  Benefit Fraud, Suspended sentence.

  R v C – Cambridge Crown Court

  Sexual assaults – Acquitted on both charges.

  R v T – Isleworth Crown Court

  Possessing criminal property. Acquitted.

  R v S – Luton Crown Court

  Aggravated burglary, false imprisonment and robbery. Firearms, knives. Acquitted on all charges.

  R v M – Harrow Crown Court

  Theft of BMW removed beyond EU. Trial 1 – hung jury. Trial 2 – Acquitted.

  R v A – Aylesbury Crown Court

  Affray, Offensive Weapon, Damaging Property. Absent witness, Hearsay evidence successfully excluded. Three hander. Acquitted.

  R v W – Croydon Crown Court

  Acting in breach of Restraining Order – Acquitted.

  R v A – Southwark Crown Court

  PWIT – 5 counts of class A and having article with blade – Secured agreement for reduced indictment and sentence.

  R v H – Harrow Crown Court

  s.18 and s.20 GBH. Secured agreement for ABH & suspended sentence.

  R v P – Lewes Crown Court

  Arson – Fitness to plead enquiry – capacity to form intent.

  R v D – St. Albans Crown Court

  Burglary & Theft – secured agreement to Theft only – penalty of fine.

  R v R – Guildford Crown Court

  Burglary, Damaging Ppty and Theft – Secured agreement to amended indictment re damaging ppty only. Community Order and Restraining Order.

  R v M – Wood Green Crown Court

  PWIT –Various Class A & B – Community Order and suspension of curfew.
  

  R v M – Central Criminal Court

  Making indecent photos of child – Cats A, B & C. Possessing extreme photographs. Expert report obtained and at trial prosecution offer no evidence.

  R v H – Birmingham Crown Court

  S.18 GBH and ABH. Secured agreement for Affray.

  R v K – Kingston Crown Court

  Affray – suspended sentence.

  R v S – Lewes Crown Court

  POCA hearing.

  R v T – Leicester Crown Court

  Two separate counts of Dangerous Driving – hung jury on one count.

  R v L – Kingston Crown Court

  ABH and having offensive weapon – Acquitted on both counts.

  R v T – Leicester Crown Court

  Putting person in fear of violence by harassment, breach of Non-Molestation Order, ABH, Dangerous Driving. Secure agreement to harassment count only.

  R v K – Guildford Crown Court

  PWIT – Class A. Secure agreement to possession only.

  R v V – Central Criminal Court

  ABH – Exclusion of hearsay evidence and BWV – Acquitted.

• civil law

  Williams v Fisher (1998)

  Kemp & Kemp, The Quantum of Damages Vol. 3 F2-001 (Leading case on whiplash injury);

  Miles v McGregor (23/1/98)

  EWCA Civ 361; [2001] PIQR Q13 (loss of chance)

  Langford v Hebran [2001]

  EWCA Civ 361; [2001] PIQR Q13 (loss of chance)

  Parker v TUI [2009]

  EWCA Civ 1261 (toboggan accident)

  Systemcare (UK) ltd. v Service Design Technology Ltd. & Sharif [2011]

  EWCA Civ 546 (Costs of company awarded against Director)

  R v James Gray [2013]

  EWHC 500 (Admin) (Animal Welfare)

  R v Manh Toan Dang [2014]

  EWCA Crim 348 (Industrial scale production of cannabis)

  R (on Appn of RSCPA) v Colchester Mags Ct & D. Fuller & P Shelldrake [2015]

  EWHC 1418 (Admin) (unlawful use of warrant)

  OF – Rolls Court

  Companies Court. Part 7 and Part 8 claims. International Share purchase agreement & cross-application. Application to re-open previous High Court judgment and various costs orders successfully defended against Leading Counsel.
  FPM – Central London County Court – Appeal under s.214 Housing Act 2004 for failing to protect deposit. Secured massive reduction of claimed costs.

  S – Brighton County Court

  Upper limb work related claim – settled for Claimant.

  S – Central London County Court

  Resulting and Constructive property claim against family member. Claim succeeds.

  SA – County Court at Clerkenwell

  Setting aside default judgment.

  KK & CT – Brentford CC

  Defending Dogbite claim.

  FPM – Central London County Court

  Appeal under s.214 Housing Act 2004 for failing to protect deposit. Secured massive reduction of claimed costs.

  DOO – Central London County Court

  Infant settlement including substantial award for gratuitous care by friend of family.

  AH – Royal Court of Justice

  Family Division – Opposing Local Authority Application for Contempt of Court. Application dismissed with costs.

  EN – RCJ – Court of Appeal

  Opposing Appeal against Order dismissing claim for defamation. Appeal dismissed.

• business crime

  Fraud involving summary judgment against fraudulent accountant, Freezing Orders and Injunction involving firms of solicitors, fraud and restitution concerning national company, Insolvency and bankruptcy.

• international law

  Litigation regarding contractual disputes, building and construction, shareholding and directorships, international drilling contracts.

  Litigation against multi-national oil companies in Niger delta.

Articles by Michael Fullerton

News

Practice areas

Cases of note

• immigration law

  R -v- M, Snaresbrook C.C.(2007)

  A 3 handed conspiracy to defraud / commit forgery (production of counterfeit / forged immigration documents). The issues included a cut throat defence by a partially sighted co-defendant, alleged by the Crown to have held himself out as an immigration lawyer and therefore able to assist his clients in obtaining false do.

• criminal law

  R -v- B, C.C.C. (2013)

  Murder (led junior). A 12 handed gangland shooting case. Cut throat defences abound. Cell site analysis played a key part in this case. 8 week trial. Reported in the media.

  R -v- A, Woolwich C.C. (2013)

  Rape. Complainant had psychological difficulties.

  R -v- C, Croydon C.C. (2013)

  Kidnap and false imprisonment in the context of an attempted rape.

  R -v- D, C.C.C. (2012)

  Murder (leading counsel). Drug gang execution. Cut throat defence. Cell site analysis and CCTV analysis played significant roles in the trial.

  R -v- R, C.C.C. (2012)

  Murder (leading counsel). The multiple and frenzied stabbing of the defendant’s drug dealer who attempted to rob and attack the defendant with a baseball bat and knife. Unlawful burial of the corpse. Detailed cross examination of the pathologist and blood spatter expert. Bad character played a significant role in the trial. Reported in the media.

  R -v- L, Ipswich C.C. (2012)

  Murder (led junior). The execution (shooting) of two hit men who had attended the defendant’s small holding with a view to committing arson and to attack the defendant. Mobile phone evidence, D.N.A, ballistics and bad character played significant roles in this trial. Reported in the media.

  R -v- P, Lincoln C.C. (2012)

  Sexual assaults in relation to 3 of the defendant’s step children and computer downloading of voluminous quantities of child pornography. A forensic computer expert was instructed to analyse this case and to give evidence as to the likely user of the computer at the relevant times of the downloads, based upon the actual internet activity on the computer over a 6 month period.

  R -v-M, Isleworth C.C. (2011)

  A two handed, historic sexual abuse case. Stephen defended the first defendant, who had been accused of sexually assaulting an 11 year old pupil, when he was a senior lay teacher at St Benedict’s Roman Catholic School. It is noteworthy, that the defence adduced at trial the defendant’s previous convictions (guilty pleas) to similar allegations against former pupils, in three previous prosecutions, as part of the defence case.
  
  This case, and several other cases in relation to this school, have been reported in The Times newspaper. Lord Carlile of Berriew, recently lead an inquiry into sexual abuse at St Benedict’s in the 1970’s and also into the efficacy of the past and current child protection provisions at the school.

  R -v- A, Oxford C.C. (2011)

  A nightclub doorman was accused of raping a customer jn the toilets of the club. Reported in the media.

  R -v- P, Maidstone C.C. (2011)

  A very unpleasant child cruelty case.

  R -v- K, Croydon C.C. (2011)

  An historic case, of systemic rape and sexual assaults by the defendant of 3 of his grand children and two of their young friends over a period of 4 years.

  R -v- K, Maidstone C.C. (2011)

  Murder (junior alone). The successful defence of a Polish man, accused of murdering a fellow compatriot. As a result of defence submissions, the Crown were persuaded to offer ” no evidence” prior to the P.C.M.H.

  R -v- W, Reading C.C. (2011)

  A 4 handed witness intimidation case with threats to kill a key witness if he gave evidence the following day in a murder trial. Reported in the media.

  R -v- X, Y C.C. (2011)

  A case of the utmost sensitivity involving P.I.I. and informant information. A very successful result.

  R -v- F, Oxford C.C. (2011)

  Murder (led junior counsel). The issue in this case was whether the strangulation / death of the defendant’s partner, occurred during a consensual sex game and was manslaughter, or did not and was murder. Reported in the media.

  R -v- C, Harrow C.C. (2010)

  A major 5 handed conspiracy to steal railway equipment.

  R -v- A, C.C.C. (2010)

  Murder (leading counsel). The preliminary issue here, was whether the defendant was fit to plead and or stand trial. The issue at trial, was whether the defendant “did the act”. The case had a heavy forensic scientific content, notably pathology, blood spatter and psychiatric evidence. The representation of Ali, was described by the trial judge, as “excellent” (See above). The case included a relatively novel aspect, as the defendant who was “unfit” to travel south, watched and participated in the proceedings, via video link from Sheffield Crown Court.

  R -v-W, C.C.C. (2010)

  Manslaughter (junior alone). The Issue was self defence. A one punch manslaughter case. Reported in the media.

  R -v- P, Newcastle C.C. (2010/2009)

  Representing the first defendant, in a multi million pound,
  12 handed cannabis cultivation case, using dozens of house in the wider Newcastle area.

  R -v- B, Newport C.C. (2010/ 2009)

  Representing one of the main defendants’ in a 16 handed
  conspiracy to supply Class “A “drugs between Birmingham and South Wales. The case included a significant amounts of probe and surveillance evidence.

  R -v- J, C.C.C. (2009)

  The stabbing of the defendant’s drug dealer. The defence raised diminished responsibility and intoxication.

  R -v- T, Cardiff C.C. (2009) – (V.H.C.C.)

  (Led junior counsel) Stephen conducted the majority of the cross examination of the co-defendants’ in a 6 handed cut throat murder case. The case flowed from a nationwide cannabis cultivation conspiracy. The deceased was punished / attacked for stealing a crop from one of the factories.

  R -v- S, Wood Green C.C.(2007)

  An 8 handed, major nationwide D.S.S. fraud.

  R -v- C, Southwark C.C. (2007)

  A 16 handed, conspiracy to supply Class “A” drugs. The case
  involved 150 hours of undercover surveillance evidence and test purchasing audio / video tapes. The defendant relied upon the defence of duress.

  R -v- O, Wood Green C.C. (2006)

  A 5 handed conspiracy to supply Class “A” drugs. The issues
  were duress and entrapment.

  R -v- M, Harrrow C.C. (2006)

  A 4 handed conspiracy to import / supply Class “A” drugs with an actual supply to two undercover officers. The issues included entrapment and duress and the admissibility and relevance of an intelligence gathering interview ( the officers were in the witness box for 3 ½ days). The defendant was in the witness box, giving evidence in chief for 3 days. The defendant admitted to being a retired drugs dealer / police informant in Nairobi, Kenya.

  R -v- K, Birmingham C.C. (2009)

  A 7 handed attempted murder and violent disorder, at the
  Vaisakhi festival, emanating from political differences between worshipers at a Sikh Temple in Birmingham. Reported in the media.

  R -v- A, C.C.C. (2008)

  A 3 handed murder case. The Crown successfully applied for multiple anonymity of witness orders.

  R -v- J, C.C.C. (2007)

  Representing a 12 year old boy charged along with 5 other boys under the age of 15, with the manslaughter of a 65 year old man. The issues were joint enterprise, causation, and the legal requirements of unlawful act manslaughter. The conviction was overturned on appeal. Reported in the media.

  R -v- H, Birmingham C.C. (2007)

  Murder. The Issue was the identity of the killer.

  R -v- S, Middlesex C.C. (2005)

  Murder. The issues included the conflict of expert evidence as to whether the stab wound was consistent with the claim of self defence, whether the client was fit to plead and stand trial and whether “he did the act.” Mental Health Act disposal.

  R -v- H, Nottingham C.C. (2003)

  A 7 handed Murder case. The case involved a 16 year old contract killer who turned Queen’s Evidence.

  R -v- R, Kingston C.C. (2006)

  An 8 handed conspiracy to import Class “A” drugs from several islands in the West Indies and South America, with a further conspiracy to supply the drugs within the U.K. – Birmingham. The issues included a cut throat defence, cell site analysis, mobile phone evidence and significant disclosure matters. As a result of a section 8 C.P.I.A. 1996, disclosure request, on behalf of this defendant, the Crown offered no evidence against her.

  R -v- N, Croydon C.C. (2002) – (V.H.C.C.)

  A 16 handed conspiracy to import and supply Class “A” drugs within the UK – London to Birmingham, and Yorkshire. The issues included probe evidence, mobile phone and observation evidence.

  R -v- G, Sheffield C.C. (2005)

  The possession with intent to supply “Class A” drugs between
  Leeds and London . The issues included entrapment and or fit up.

  R -v- S, Birmingham C.C. (2002)

  A 6 handed conspiracy to supply Class “A” drugs. The issues
  included a detailed cross examination of 16 surveillance officers and disclosure.

  R -v- B, Maidstone C.C. (2000)

  A 7 handed conspiracy to import Class “B” drugs. The issues
  included one defendant turning Queen’s Evidence. The client’s co-defendant brother, was a serving
  National Crime Squad officer. The case was stayed for an abuse of process, three months after the trial
  started.

  R -v- Y, Birmingham (2009)

  a 14 handed rape case. The one co-defendant at trial, had committed the offence whilst on the run for the murder of W.P.C. Beshenivsky.

  R -v- A, Birmingham C.C. (2006)

  An historic 4 handed gang rape and false imprisonment of two 13 year old girls, over a 3 day period, in 1995. The client was arrested in 2004, on the basis of advances in D.N.A. technology. Stephen led the submissions re: abuse of process (investigative failings). The conviction was overturned in the Court of Appeal, on the basis of the claim of an abuse of process.

  R -v- A, Harrow C.C. (2004)

  A 6 handed conspiracy to commit kidnap, false imprisonment, blackmail, rape, indecent assault and possession of firearms with intent re: 3 complainants. The issues included similar fact evidence and the admissibility of the statement of an unavailable complainant. The defendants were described by the Crown as “dangerous members of a mafia style, Eastern European protection racket”.

  R -v-T, Blackfriars C.C. (2006)

  A 6 handed conspiracy to commit armed robbery / burglary of
  circa 75 supermarkets and warehouses in the South East, over a 12 month period. The issues included a
  cut throat defence, the extent of the clients involvement and cell site analysis.

• business crime

  R -v- M, Southwark C.C. (2013)

  Wine investment / boiler room conspiracy to defraud investors of over £4 million (leading counsel.) 10 week trial. Reported in the media.

  R -v- H, Southwark C.C. (2010 / 2009)

  Representing (leading counsel) the first defendant, in a 5 handed conspiracy to steal over £1 million, from a bank account. The funds were laundered by a practising solicitor – one of the co-defendants’ at trial. The client had a cut throat defence with 3 of the 5 defendants. Reported in the media.

  R -v- K, Birmingham C.C. (2008) – (V.H.C.C.)

  Represented the first defendant on the Indictment, in a 5 handed conspiracy to defraud / steal 30 high value cars from national dealerships, by making fraudulent applications for loans / hire purchase.

  R -v- T, Ipswich C.C. (2007)

  Represented the director of a company, in a 3 handed conspiracy to defraud people who had paid for time share accommodation and cheap flights. Reported in the media.

  R -v-A, Birmingham C.C. (2006)

  A 5 handed conspiracy re a large scale and complex car cloning case. The issues included the admissibility of bad character evidence, a cut throat defence and fit up.

  R -v- K, Blackfriars C.C. (2004)

  A V.A.T. fraud over 8 years by a West London chain of
  restaurants

News

Practice areas

Cases of note

• criminal law

  R v Brett & Others

  Conspiracy, £ 28 Million VAT fraud.

  R v Patel & Others

  £38 million, confiscation hearing. Resulted in one of the highest confiscation orders in the UK.

  R v Bambo Agbonyin

  Bad character in the Court of Appeal.

  R v Darren Mansfield

  Causing Death by Dangerous Driving, allegedly hit a cyclist like a golf ball at 99mph. Found not guilty.

  Organised crime involving black on black killings in North London and Indian/Pakistani gang war crime.

  False imprisonment involving the torture of a vulnerable witness with disabilities found gagged with his arms and legs tied up by the police. Found not guilty.

• business crime

  Successfully represented a major European airline against customs and Excise.

News

Practice areas

Cases of note

News

Practice areas

Cases of note

• criminal law

  2019

  Defending in large scale conspiracy to supply over 50kg of ketamine (£1.25 million street value).

  2019 R-v-MH

  Prosecuting manslaughter.

  2019 R-v-SR & Ors

  Successful appeal to the Court of Appeal for interested third party (wife) in multi-million pound confiscation proceedings.

  2018 R-v-AC & Ors

  Attempted murder.

  2018 R-v-CW

  defending historical sexual offences case: defendant acquitted of all 33 offences arsing from alleged incident in 1970s [Stafford Crown Court].

  2018 R-v-A & Ors

  Murder: Central Criminal Court, led by QC

  2017

  Successful appeal against conviction representing senior consultant physician re possession of indecent images of children (Court of Appeal).

  2017

  Successful appeal against conviction and subsequent acquittal representing defendant charged with causing death by careless driving.

  2017 R-v-NW & Anr

  Murder: Central Criminal Court, led by QC

  2017 R-v-UF

  Defending attempted murder (Blackfriars Crown Court).

  2017 R-v-RE

  Defending attempted murder with gangland background (Inner London).

  2016 R-v-HA

  Cardiff: prison riot; attempted murder/section 18 Cardiff Crown Court.

  2015 R-v-SC & Ors

  Lewes Crown Court: representing lead defendant in trial arising from large scale drug importation of Class A drugs in excess of £10,000,000

  2014

  Defending in prison violent disorder/attempted murder trial (Worcester Crown Court)

  2013

  Represented Defendant in high-profile multi-handed racially aggravated public disorder case.

  2012 R-v-S

  Represented Defendant at trial for importation of over 10kg of high purity cocaine.

  2010 R-v-C, H & A

  Prosecution on behalf of RCPO re the importation of 90kg of heroin into UK.

  2010 R-v-G, M & Ors

  Defended in relation to a conspiracy to commit burglaries and steal high performance motor vehicles for onward sale; value £450,000.

  2007

  Represented Father in care proceedings arising from his alleged involvement in an extensive paedophile ring

  2006

  Represented the Sandwell Borough Council in care proceedings arising from alleged anal rape of infant.

  2006 R-v-S & H

  Inner London Crown Court: defended firearms case (as led junior) arising from Operation Trident investigation into gun crime.

• regulatory and disciplinary law

  2010

  Represented Appellant before the Employment Appeal Tribunal; setting aside of finding of dishonesty made against senior health care official in his claim for unfair dismissal.

  2005

  Represented Claimant in successful clinical negligence proceedings arising from obstetrician’s negligence; award of over £500,000 achieved

• business crime

  2017 R-v-FN

  Defending owner of money exchange business in trial of multi million pound money laundering conspiracy Reading Crown Court.

  2011

  Prosecuted as led junior a large scale money laundering conspiracy arising from the proceeds of an MTIC fraud.

  2009 R-v-M & Ors

  Prosecuted re-trial of Barclays Bank manager alleged to have stolen from employers as part of a conspiracy with participants in organised crime.

  2010 R-v-D

  Prosecution on behalf of RCPO re importation of 40kg of herbal cannabis.

  2008 R-v-K

  Prosecuted on behalf of RCPO case involving just under £1,000,000 evaded duty on imported cigarettes.

  2004 R-v-G & Ors

  EWCA Crim 1368: led junior defending banker allegedly engaged in largest “arrangement fee” fraud ($80,000,000) ever prosecuted by the Serious Fraud Office. Leading authority on issue of accidentally disclosed PII material and its effect on fairness of criminal trial.

  2003 Advised Messrs

  McClean McNally, International Attorneys, Turks & Caicos in relation to the first copyright case brought in that jurisdiction (re application and extension of the Copyright Acts 1911 and 1956 and the Copyright, Designs and Patents Act 1989 to the Turks and Caicos Islands).

Articles by Shaun Esprit

News

Practice areas

Cases of note

• criminal law

  R v S Southwark Crown Court (2014)

  Leading Dejan Mladenovic of chambers. Defendant denied conspiracy to manufacture and distribute identity documents on an industrial scale. He was convicted and sentenced to 4 years imprisonment after a two month trial.

  R v B Teesside Crown Court (2013)

  Leading counsel in two day Proceeds of Crime and sentencing hearing involving multi-million pound drugs conspiracy. Negative equity in residential property portfolio.

  R v C Croydon Crown Court (2011)

  Leading Oliver Grimwood of chambers. Defendant was acquitted of laundering cash to Jamaica using money transfer companies after a two month trial.

  R v S Inner London Crown Court (2008)

  Leading counsel, where defendant was convicted of being in possession of a Skorpion sub-machine pistol, key-ring gun and handgun, and more than a kilo of heroin, with intent to supply. Defendant granted bail between conviction and sentence.

  R v H Central Criminal Court (2017)

  Multi-handed fatal stabbing and perverting the course of justice. To be tried in 2017. Led by Kerim Fuad QC.

  R v A Central Criminal Court (2015)

  Defendant acquitted of Murder after being present at the scene of a fatal stabbing, led by Kerim Fuad QC.

  R v N Central Criminal Court (2007)

  Defendant acquitted of Murder after a man was bludgeoned to death on the back seat of the car he was driving, led by Tim Barnes QC.

  R v M Central Criminal Court (2005)

  Defendant acquitted of Murder after three-way cut-throat defences, led by Nigel Baker QC.

  R v H Newcastle Crown Court (2009)

  Defendant stabbed father and pleaded guilty to Manslaughter on day of trial (provocation); not guilty of Murder, lead by Paul Sloan QC.

  R v S Central Criminal Court and Court of Appeal (Criminal Division) (2004/5)

  Defendant convicted of Murder in the course of robbery on elderly victim. Identity and causation in issue, with numerous similar fact robberies. Medical evidence challenged from neuropathologist; pathologist; neurosurgeon; A&E registrar; ambulance crew and GP, led by Tim Barnes QC.

  R v H Central Criminal Court (2003)

  Defendant pleaded guilty to Manslaughter after injecting friend with heroin, led by Nigel Rumfitt QC.

  R v C Central Criminal Court (2016)

  Murder. Newton Hearing against QC. 2 days of evidence to determine whether Crown could prove whether killing was for financial gain. Finding in favour of defendant which meant Life sentence was some 20 years lower than might otherwise have been the case. Aggravating factors were concealment of body.

  R v P Central Criminal Court (2009)

  Defendant acquitted of Attempted Murder after injured party was shot in the head with a .22 shot cartridge fired from a pre-1880 hammer pistol. Both defendants were successful with their defence of accident.

  R v O Central Criminal Court (2011)

  Defendant acquitted of joint enterprise Attempted Murder, but convicted of aggravated burglary and possessing (and discharging) a firearm during a Schedule 1 offence. Co-accused was convicted of attempted murder.

  R v F Central Criminal Court (2009)

  Defendant acquitted of Attempted Murder after stabbing his brother 9 times. The jury accepted the defence of self-defence. The assailant brother was unarmed.

  R v A Canterbury Crown Court (2010)

  Defendant was acquitted of Conspiracy to Supply Class A drugs. 25kg of drugs in the boot of his car as he entered the UK from a ferry. The two co-accused in the vehicle when it was stopped by Customs were convicted.

  R v A Central Criminal Court

  Joint enterprise Murder allegation.

  R v N Central Criminal Court

  Defendant acquitted of Murder after man bludgeoned to death on back seat of the car he was driving.

  R v M Central Criminal Court

  Defendant acquitted of Murder after three-way cut-throat defences.

  R v H Newcastle Crown Court

  Defendant stabbed father and pleaded guilty to manslaughter on day of trial (provocation); not guilty of Murder.

  R v S Central Criminal Court and Court of Appeal (Criminal Division)

  Defendant convicted of murder in the course of robbery on elderly victim. Identity and causation in issue, with similar fact robberies. Medical evidence challenged from neuropathologist; pathologist; neurosurgeon; A&E registrar; ambulance crew and GP.

  R v H Central Criminal Court

  Defendant pleaded guilty to Manslaughter after injecting friend with heroin.

  R v P Central Criminal Court

  Defendant acquitted of Attempted Murder after injured party was shot in the head with a .22 shot cartridge fired from a pre-1880 hammer pistol. Both defendants were successful with their defence of accident.

  R v O Central Criminal Court

  Defendant acquitted of Attempted Murder, but convicted of aggravated burglary and possessing (and discharging) a firearm during a Schedule 1 offence.

  R v A Canterbury Crown Court

  Defendant acquitted of Conspiracy to Supply Class A drugs. 25kg of drugs in the boot of his car as he entered the UK from a ferry.

  R v C Preston Crown Court

  Mortgage fraud and money laundering involving fraud on the title of residential properties (re-trial 2015).

  R v N Central Criminal Court

  Mortgage fraud relating to over 170 residential properties. Conspiracy to Defraud and Obtaining money transfers by deception (for trial 2015).

  R v S Southwark Crown Court

  Leading Dejan Mladenovic of chambers. Defendant denied conspiracy to manufacture and distribute identity documents on an industrial scale. He was convicted and sentenced to 4 years imprisonment after a two month trial.

  R v C Croydon Crown Court

  Leading Oliver Grimwood of chambers. Defendant was acquitted of laundering cash to Jamaica using money transfer companies after a two month trial.

  R v K Teesside Crown Court

  Defendant deputy manager of nursing home convicted of similar fact ill-treatment of multiple residents under s. 44 Mental Capacity Act.

  R v X Central Criminal Court

  Defendant found unfit to stand trial due to progressive brain tumour – fraud in breach of trust alleged to be £½ million.

• business crime

  R v C Croydon Crown Court

  Operation Lath: investigation commenced by FBI in USA and involved a conspiracy to defraud UK banks of tens of millions of pounds. The Zeus Trojan virus had been utilised by a sophisticated criminal syndicate to assist in withdrawing funds from internet accessible bank accounts.
  
  This case involved the use of Trojan botnets (to acquire compromised sensitive data), web-injects (to phish) and money laundering mules (to cash-out from drop accounts).

  R v Y Southwark Crown Court

  Operation Mandrill: investigation into conspiracy to defraud the Student Loans Company of millions of pounds together with a further conspiracy to defraud UK banks.
  
  This case involved the use of Trojan botnets (to acquire compromised sensitive data), web-injects (to phish) and money laundering mules (to cash-out from drop accounts).

  R v C Preston Crown Court

  Mortgage fraud and money laundering involving fraud on the title of residential properties: Acquittal.

  R v N Central Criminal Court

  Mortgage fraud relating to over 170 residential properties. Conspiracy to Defraud and Obtaining money transfers by deception: Acquittal.
  

  R v K Teesside Crown Court

  Defendant deputy manager of nursing home convicted of similar fact ill-treatment of multiple residents under s. 44 Mental Capacity Act. Expert opinion taken from one of the country’s leading professor’s of psychology to establish whether a base-line existed beyond which the nominal complainants lacked capacity.

  R v X Central Criminal Court

  Defendant found unfit to stand trial due to progressive brain tumour – fraud in breach of trust alleged to be £½ million. Crown Offered No Evidence.

  R v Y Newcastle Crown Court

  Defendant convicted of sexual activity with a person with a mental disorder impeding choice, where 27 year old complainant had a mental age of 4-5.

• regulatory and disciplinary law

  R v A Newcastle Crown Court (2016)

  Abuse of Process involving CHIS, lasting 4 weeks. Reporting Restrictions apply.

  Environment Agency v J: Newcastle Crown Court (2013)

  Defendant acquitted after 9 week trial of Permitting the Deposit of Controlled Waste, offence under s. 33 Environmental Protection Act. Defence consisted of suitability of deposited material and the de minimis principle and statutory defence. Challenge to the policy of permitting trespass by EA officers even though no Police Act 1997 authorisation is possible.

  Environment Agency v A: Redbridge Magistrates’ Court (2015)

  Defendant pleaded guilty very early in proceedings to numerous charges contrary to the Transfrontier Shipment of Waste Regulations and was sentenced to a non-custodial sentence.

  Environment Agency v V: Guildford Crown Court (2007)

  Defendant sentenced to a non-custodial sentence after permitting the deposit of hundreds of tons of controlled waste at a swan sanctuary.

  Health & Safety Executive v H: Southwark Crown Court (2015)

  Defendant convicted of breaches of the Work at Height Regulations, resulting in a fatal fall from scaffolding, after failing to attend for his trial (whilst serving a life sentence for murder).

• family law

  Robert Newcombe has been involved with many cases where lack of mental capacity has been in issue and is interested to explore further cases in this area.

• civil law

  High Court (Chancery Division) fraud

  Lancashire Mortgage Corporation v Ikoku and Onabrakpeya – the signatory to a false mortgage application was advised to submit to questions on his affidavit of means. He was then not charged with any offence.

  B v BBC

  Article 2 Right to Life Application for emergency injunction (on behalf of alleged murderer while awaiting trial) to prevent footage of murder victim being broadcast. BBC submitted that the Human Rights Act did not apply to its broadcast function, but this was rejected by Collins J: it was arguable that it did for the purposes of the application.

  Statutory appeals to High Court and injunctions specifically in relation to the Town & Country Planning Act.

News

Practice areas

Cases of note

• banking and finance law

  Recent Work

  Acting for a major US bank in a dispute with a Luxembourg hedge fund.
  
  Defending a UK bank in a claim by a private high net worth client involving financial promotions rules.
  
  Mediating a dispute between East European high net worth clients involving the sale/purchase of oil.
  
  Acting for a Middle East sovereign fund investor in a claim against US and Swiss banks.
  
  Advising a private client in respect of financial mis-selling by a UK bank.
  
  Advising on cross-border civil fraud/breach of trust proceedings in the Caribbean.
  
  Advising shareholders on breach of director’s duties and asset tracing.

Articles by Alkan Shenyuz

Practice areas

Cases of note

• criminal law

  R v B – (2019)

  Kevin acted as leading counsel in a murder trial at the Bailey. The defendant decided to plead guilty after day three and faced an almost certain “whole life order” as the defendant already had a conviction for murder and attempted murder. Kevin, after lengthy submissions successfully persuaded the court not to impose such a sentence.

  R v S - (2019)

  Attempted murder trial at the Old Bailey. Defendant accused with attempting to kill the victim in order to enforce a drugs debt. The victim had been put in a bath and doused from head to toe with petrol before being set alight, suffering 40% burns to his body. The defendant accepted presence but denied being responsible. The victim had studied law and maintained that the defendant was a drug dealer and was the man responsible for his horrific injuries. Following a three week trial the jury unanimously acquitted the defendant.

  R v HHD – (2019)

  Court of Appeal, Kevin won an appeal against conviction in relation to a victim of human trafficking, debt bondage and slavery under s.45 Modern Slavery Act 2015. The case was of such importance it was referred to the Senior Presiding Judge of England and Wales.

  R v W – (2019)

  People smuggling trial in Portsmouth. Kevin represented a female defendant who had been charged with two others with conspiring to smuggle into the UK vulnerable migrants. The defendant was stopped in Portsmouth and in her van the authorities found 8 migrants. The co-defendants who were in a car behind tried desperately to blame the female driver of the van. Following a lengthy trial, the jury acquitted the female van driver and convicted both the male co-defendants.

  R v W – (2018)

  Three month fraud conspiracy at Southwark Crown Court. The case involved benefit assessors who agreed to falsify numerous false benefit applications. These benefits paid out over a period of years and were in excess of a million pounds. Kevin led counsel from chambers in this long and very complex case.

  R v K – (2018)

  Three month murder trial at the Old Bailey successfully defending the “Snapchat Queen” against an allegation of murder. The defendant was prosecuted as a secondary party who was alleged to have wanted to have a man, who wanted to be her boyfriend murdered. She recorded footage of the victim dying on the street and uploaded it onto Snapchat.

  R v M – (2018)

  Prosecution alleged defendant had smuggled firearms into a property in Luton. Following two days of legal argument Kevin secured the dismissal of the case.

  R v G – (2017)

  Unusual and novel gross negligence manslaughter trial which involved experts giving evidence from the USA with regard to a drug called Ibogaine. Following lengthy legal argument at the close of the Crowns case the defendant was found not guilty.

  R v V – (2017)

  The only trial to be conducted with the defendant appearing in court via video-link and not in person in the dock. The trial Judge described the defendant as the “most dangerous man currently in prison in the UK.”

  R v J – (2017)

  Secured the acquittal of a “faith healer” accused of serious sexual misconduct at Luton Crown Court.

  R v U – (2015)

  Secured the acquittal of defendant accused of Murder and familial homicide under s. 5 of the Domestic Violence, Crime and Victims Act 2004 relating to the murder by family members of his sister. The trial lasted 10 weeks and involved the defendants wife trying to blame the defendant. The wife was convicted of the murder.

  R v B – (2015)

  Represented a defendant at the Old Bailey accused of the double-murder of members of a rival drug gang. The trial lasted 4 months.

  R v M – (2015)

  Secured the acquittal of a retired professional who was accused of serious sexual assaults which dated back 40 years.

  R v B – (2015)

  Contract killing trial which lasted 4 weeks and involved six defendant’s. One co-defendant tried to say Kevin’s defendant was heavily involved. Following lengthy cross-examination of this co-defendant by Kevin, the jury convicted the co-defendant and acquitted Kevin’s client.

  R v F

  Serious s.18 GBH trial involving a victim who was a trainee lawyer. Following a detailed attack on the accuracy of the identification evidence by Kevin, the prosecution conceded their case was no longer one they could put before a jury and a not guilty verdict was entered.

  R v D – (2014)

  Kevin led counsel in first “slave” case of its kind in Wales and led counsel from chambers. Another acquittal was secured whilst the co-defendant was convicted.

  R v C – (2013)

  Notorious “slave” case, the first of its kind in the UK in 200 years. Mr Molloy led counsel from chambers and secured the only acquittal in the trial. It was described by the trial Judge as “one of the most complex cases any jury would ever have to deal with.”

  R v F

  Represented a client accused of making a bomb and leaving a device outside the address of a love-rival.

  R v M

  Represented a client who was accused of murdering his own mother in the first case of matricide to be heard in Exeter crown court.

Articles by Kevin Molloy

News

Practice areas

Cases of note

• criminal law

  R v AC [2017] EWCA Crim 2383

  Appeal Against Crown Court Sentence bailii

  R v S [2015] EWCA Crim 1619

  Appeal Against Crown Court Conviction bailii

  R v RS [2015] EWCA Crim 1101

  Appeal Against Crown Court Conviction bailii

  R v B-R & NB [2011] EWCA Crim 1136, [2012] 1 WLR 2364

  Appeal Against Crown Court Conviction bailii

  R v AG [2016] EWCA Crim 140

  Successful appeal against a Crown Court sentence where the sentence of 16 months’ immediate custody was quashed and replaced with a Suspended Sentence securing the defendants’ immediate release.

  R v JC [2016] EWCA Crim 67

  Appeal against Crown Court Sentence where the structure of the Extended Sentence was reduced on appeal.

  R v DW [2015] EWCA Crim 2320

  Appeal against a Crown Court sentence.

  R v MS [2015] EWCA 1619

  Successful appeal against Crown Court Sentence.

  R v RS [2015] EWCA 1102

  Appeal against Crown Court Conviction and Sentence. George was described by Leveson LJ as ‘a powerful advocate’. Bailii

  R v RT [2014] EWCA Crim 1715, [2015] 1Cr. App. R. (S) 3

  Successful appeal against Crown Court Sentence.

  R v D [2014] EWCA Crim 508

  Successful appeal against Crown Court Sentence.

  R v B [2012] EWCA Crim 1174

  Successful appeal against Crown Court Conviction and Sentence.

  R v BR and NB [2011] EWCA Crim 1136; [2012] 1W.L.R. 2364; [2012] 1 Cr. App. R. 4

  Times April 22, 2011 – Successful appeal against Crown Court Conviction. This case involved serious sexual offences and the defendant’s convictions and sentence were all quashed and the defendant was unanimously acquitted by the jury at his retrial.

  R v R [2011] EWCA Crim 3183

  Successful appeal against Crown Court Sentence. This case involved over 70 TIC’s for Burglary.

  R v P [2011] EWCA Crim 2790

  Successful appeal against Crown Court Sentence.

  Attorney General’s Reference (No.34 of 2010) [2010] EWCA Crim 2055

  Successful prosecution appeal against Crown Court Sentence.

  R v C (Robert Norton) [2010] EWCA Crim 933

  Appeal against Crown Court Sentence.

  R v B [2006] EWCA Crim 1629

  Successful appeal against Crown Court Sentence.

  P v Court of First Instance of Brussels [2005] EWCH 915 (Admin); [2005] Extradition L.R. 62

  This was one of the first major cases involving the Extradition Act 2003. This case served to limit the scope of ‘no-evidence’ extraditions involving category 1 territories.

  R v W (Terence Edward) [2004] EWCA Crim 3417; [2005] 2 Cr.App.R.(S.) 51

  George acted for the Crown in this case which is now the leading authority on stranger kidnapping sentences.

  R v Z [2008] EWCA Crim 2169

  This case involved the concept of the mercy where a terminally ill man was given a sentence that would involve his inevitable death in custody. The appeal was successful.

  R v H [2009] EWCA Crim 605

  This case involved the successful appeal of a sentence of 9 years for conspiracy to supply cocaine. Following extensive courtroom exchanges with Mr Justice Calvert-Smith (former DPP) the sentence was reduced from 9 to 7 years.

  R v Y [2002] EWCA Crim 2815

  Successful appeal of Crown Court sentence.

  R v JM

  The Halloween Nunchaku murder involved the murder of a 15 year old boy at a Halloween party. George was led by David Fisher QC in this notorious murder trial. BBC

  R v MK

  Murder case involving a dealer murdering his best-friend in a frenzied knife attack. George was led by Sascha Wass QC in this trial. BBC

  R v DR

  ‘Caterham Bus Bomber’: this was an allegation of a ‘home-grown’ terrorist who was found to have a cache of chemical weapons at his home. George successfully defended this man and he was acquitted of all charges. BBC

  R v JW (& 5 others)

  Successful prosecution of multi-defendant football hooligan case involving widespread public disorder. BBC

  R v TW

  Successful prosecution of a serious stranger kidnapping case involving an armed stranger kidnap of young children. George was subsequently instructed by the Crown to appear in the Court of Appeal and this case is now a leading authority of Sentences for Kidnapping. BBC

  R v VF

  This case involved an Albanian/Chechen criminal gang selling highly sophisticated cash-point scamming kits to other criminal gangs in Wales. It attracted nationwide publicity including the front page of the Times. BBC

  R v GT

  George was initially instructed in this extradition of this notorious Holocaust denier. The extradition was successfully opposed. BBC

  R v DS

  George was instructed in this case involving the ‘Gatwick shooter’ who was apprehended and Tasered by police as he wandered around Gatwick Airport brandishing a firearm. BBC

  R v JR

  George was instructed to defend a member of this notorious tie-up robbery gang that committed more than 12 robberies involving serious violence. BBC

  R v JB

  Serious historical sexual assaults in children’s home. Defendant received 20 years’ custody. BBC

• extradition

  M v Circuit Court of Katowice (Poland) [2017] EWHC 2812 (Admin)

  Successful Extradition Appeal (A8) bailii

  MH v Court of Milan (Italy) [2017] EW Misc 20

  Very High Profile First Instance Extradition Decision bailii

  C v Secretary of State for the Home Department [2007] EWHC 238 (Admin); [2007] Extradition L.R. 51

  Extradition case involving Judicial Review of the Home Secretary bailii

  GP v Court of First Instance Brussels [2005] EWHC 915 (Admin) [2005] All ER 185 (Apr)

  Successful Extradition Appeal (s.2) bailii

  S v Poland CO/213/2018

  High Court appeal involving s.2 and Article 8.

  K v Poland CO/198/2018

  High Court appeal involving Article 8.

  H v Italy CO/014/2018

  High Court appeal involving kidnapping allegation.

  HF v Germany CO/260/2018

  High Court appeal involving multi-million VAT fraud.

  B v Belgium CO/197/2018

  High Court appeal involving multi-million fraud allegation.

  C v Czech Republic CO/128/2018

  High Court appeal involving human trafficking.

  Albania v HM 2018

  Part 2 case involving Murder conviction and Articles 2, 3, & 6.

  Ecuador v V2018

  Complex Part 2 case involving Articles 3, 6, & 8.

  J v Poland CO/245/2017

  High Court appeal involving multi-£ fraud accusation.

  K v Poland CO/1783/2017

  High Court appeal involving murder conviction.

  M v Poland CO/1782/2017

  High Court appeal involving attempted murder.

  M v Poland CO/361/2017

  High Court appeal involving Article 8.

  D v Poland CO/1800/2017

  High Court appeal involving Articles 3, 6, & 8.

  T v Finland CO/5720/2016

  High Court appeal involving Article 3.

  M v Latvia CO/6333/2016

  High Court appeal involving ss. 2, 14, 20 & Article 8.

  T v Romania CO/6387/2016

  High Court appeal involving s.2 & Articles 3, 6 & 8.

  F v Romania CO/4311/2016

  High Court appeal involving s.14 & Articles 3 & 8.

  A v Romania CO/5410/2016

  High Court appeal involving Articles 3 & 8.

  W v Poland CO/4311/2016

  High Court appeal involving Article 8.

  Z v Poland CO/2245/2016

  High Court appeal involving double jeopardy & A8.

  D v Poland CO/4258/2016

  High Court appeal involving s.14 & Article 8.

  L v Poland CO/2661/2016

  High Court appeal involving s.2 & Article 8.

  S v Poland CO/4051/2016

  High Court appeal involving Article 8.

  B v Poland CO/4016/2016

  High Court appeal involving ss.2, 14 & Article 8.

  S v Latvia CO/2380/2016

  High Court appeal involving right to re-trial s.20

  W v Poland CO/2160/2016

  High Court appeal involving Articles 6 & 8.

  C v Secretary of State for the Home Department [2007] EWHC 238 (Admin); [2007] Extradition L.R. 51

  Extradition case involving Judicial Review of the Home Secretary.

Articles by George Hepburne Scott

News

Practice areas

Cases of note

• immigration law

  R v Kluxen

  Researched and drafted legal argument in a case that involved EU law and is cited as the leading authority on EU nationals and recommendations for deportation.

• criminal law

  R v Islam

  Researched and drafted successful grounds of appeal against conviction. Case involved identification evidence and the applicability of the Codes of PACE to civilians.

  R v NT

  Researched and drafted grounds of appeal which resulted in the Court of Appeal giving guidance on sentences for offences where knives used to cause serious and fatal injuries.

  R v Dan Cozma

  Represented one of two brothers charged with murder.

  R v NT

  Represented a 13 year old charged with attempted murder.

  R v Otete

  Case involved a high profile murder of a teenager in South London.

  R v Belinga

  Defendant charged with causing grievous bodily harm to a child.

• business crime

  R v Osundina

  Represented a defendant charged with the fraudulent evasion of VAT payable on importation of pharmaceutical goods. The fraud spanned the UK and Nigeria.

  R v Ekejah

  Represented a defendant charged with defrauding HMRC and the DWP. The value of the fraud was estimated to be in excess of one million pounds. Instructed as junior counsel.

  R v Cooper

  High profile multi-handed conspiracy to evade import duty on tobacco. The value of the evasion was estimated to be approximately two million pounds.

  R v Taiwo

  Large scale conspiracy involving forged passports and Home Office travel documents. At the time considered to be the largest find of counterfeit passports in the UK.

  Reported Cases (Ghana Bar)

  Representing an international digital media company, in an action against the Government of Ghana in connection with a dispute over termination for convenience clauses in a contract.
  
  Representing a major processor and exporter of tuna products, in a dispute over a distributorship agreement.
  Represented a major oil and gas exploration company, in a dispute concerning unlawful interference with contracts and inducing third parties to breach a contract.
  
  Representing a multi-national automotive corporation, in a dispute regarding product liability.
  
  Regularly advising a major soft drinks manufacturer, on issues of employment law.

News

Practice areas

Cases of note

• criminal law

  R v AH [2019] EWCA Crim 185 (Court of Appeal)

  Sentencing youths; appropriate discount to be applied on sentencing guidelines; manslaughter in Finsbury Park, London.

  R v CS [2018] Lewes Crown Court

  (Led junior) successful prosecution of a murder trial, where the defendant shot his wife and mother in law multiple times with a stolen rifle, before Mrs Justice McGowan; widely reported in the press.

  R v PB [2018] Stafford Crown Court

  (Led junior) successful prosecution of a murder trial, where the defendant stabbed his partner multiple times following a drug overdose. Successful advice to Treasury Counsel as unduly lenient sentence: [2018] 11 WLUK 19.

  R v SS [2018] Snaresbrook Crown Court

  (Leading a junior) defending a 17 handed large-scale drugs conspiracy.

  R v MM [2018] Inner London Crown Court

  Successful defence of historic rapes and sexual offences against a child; specialist cross examination of a vulnerable witness.

  R v PW [2016] EWCA Crim 745 (Court of Appeal)

  Sexual images on social media where the distributor was the maker and appeared in the indecent image; mens rea and strict liability.

  R v JM [2015] EWCA Crim 1928 (Court of Appeal)

  Abuse of process in sexual allegations from the 1950s; use of preparatory hearing; severance.

  R v JM [2015-2016] Barnstaple Crown Court

  (Led junior) ground-breaking prosecution of the (then) oldest man in the country for prolific sexual offences; unique use of special measures to accommodate the physical needs of the defendant.

  R v EP [2015] Newcastle County Court

  Defending a high-profile personal injury claim brought by a rape victim against a defendant outside the statutory limitation period and triggered by the defendant winning substantial sums in the National Lottery.

  R v RP [2015] Birmingham Crown Court

  (Led junior) Prosecuting gross negligence manslaughter and substantial breaches of the Health and Safety at Work Act before Mr Justice Popplewell.

  R v Waste4Fuel et al [2014] EWHC 2484 (QBD)

  Successful defence of contempt of court trial, breaches of environmental regulations and injunctions before Mr Justice Eady, widely reported in the press.

News

Practice areas

Cases of note

• family law

  Sumita undertakes all forms of private and public law children work and also accepts instructions in ancillary relief matters, having practised at all levels including the High Court.

• criminal law

  R v Noble

  Led junior on Murder at Oxford Crown Court. Issues as to the new law on joint enterprise, including lengthy and detailed arguments on hearsay and bad character.

  R v Mohammed

  Section 18 GBH on pregnant partner with multiple stabbings.

  R v Avdullraj

  Section 18 GBH attack with hammer on the street. Not guilty to section 18 GBH.

  R v Shamout

  Threats to kill made by wife against husband during a prolonged incident with a knife. Not guilty.

  R v Paul Darlow

  Court of Appeal reported case law on sentencing for offences of exposure, where the Court commented upon ‘Miss Mahtab’s earnest and excellent submissions’.

  R v. Georgiev

  Led junior at Snaresbrook Crown Court where the defendant faced trial for a series of stranger rapes in the East End of London.

  R v Awan

  Rape and sexual activity with a child. Alleged grooming over a considerable period of time. Not guilty.

  R v Hall

  Rape and sexual activity with a child. Not guilty.

  R v H

  Woolwich Crown Court, Rape of girlfriend. Not guilty.

  R v Hussain

  Marital rape, involving issues of immigration, complainant’s capacity to consent and intermediaries.

  R v Singh

  Marital rape of 4 counts, involving issues of immigration. Upon section 8 disclosure applications being vigorously pursued, Crown reviewed the case and offered no evidence.

  R v Razak

  Led junior at Reading Crown Court in a multi-hander case involving conspiracy to supply large consignments of cannabis.

  R v Koxha

  Multi hander conspiracy to supply class A drugs and money laundering.

  R v Khan

  Multi hander conspiracy to import class A drugs, involved PII legal arguments.

  R v Ambrose

  Possession of firearm. Expert evidence on the issue of antique firearm.

  R v Hamzaalnatsha

  Child abduction by a parent. Legal argument regarding interpretation of defence available.

  R v Gouveia

  This was the reported case at Oxford Crown Court of the bogus MI5 agent who was jailed for conning his ex-girlfriend!

  R v Riasat

  Led junior at Birmingham Crown Court, involving a family alleged to have conspired together to launder the proceeds of the two brothers’ drug dealing.

• civil law

  Sumita also practices in the areas of housing and landlord and tenant (both residential and commercial). She has extensive experience in possession hearings and also has experience in defending actions brought by social landlords.
  
  Her practice also comprises conducting county court trials from the small claims track to the multi track in areas ranging from RTA’ s to contractual disputes.

News

Practice areas

Cases of note

• banking and finance law

  SFO (2020)

  Rajesh is currently instructed as disclosure counsel on a case concerning an multi-jurisdictional oil industry fraud.

  FCA (2019 -2020)

  Rajesh has been instructed to review and advise on evidence relating to misleading financial promotions made by a financial institution, which has caused thousands of investors to lose money.

  FCA (2019 - 2020)

  Rajesh was instructed to advise on the extradition of an individual who is suspected of being in charge of a financial firm making millions of pounds by breaching money laundering regulations. Rajesh also worked with a team to advise on whether to pursue criminal offences or regulatory sanction.

  SFO v Barclays Bank and others (2019)

  Instructed by the SFO as disclosure counsel on a case concerning the 2008 capital raising from Qatar.

  SFO v Sarclad Ltd and others (2019)

  Instructed as disclosure counsel in an SFO investigation concerning allegations of bribery and corruption in relation to contracts secured by Sarclad Ltd. The case resulted in a Deferred Prosecution Agreement between the SFO and the company and the prosecution of three individuals.

  SFO v Güralp Systems Ltd and others (2019)

  Rajesh was instructed by the SFO on a case focusing on alleged corrupt contracts in South Korea. The case resulted in a Deferred Prosecution Agreement and the prosecution of 3 defendants.

  DVSA v Knights and Noonan (2019)

  Advised on and then successfully prosecuted the owner of a Haulage Company who conspired to create false records with his Transport Manager.

  DVSA v Bradley Gardener Ltd (2019)

  Successfully prosecuted a company for permitting its drivers to create false records.

  DVSA v VB Transport (2019)

  Successfully prosecuted a company for permitting its drivers to create false records.

  DVSA v Classic Restoration and Services Ltd. (2019):

  Rajesh represented the DVSA at the High Court where was listed to determine the definition of a recovery vehicle.

  R v Headman (2018) (Court of Appeal)

  Rajesh successfully appealed the sentence of a defendant who was convicted after trial of a benefit fraud that cost the taxpayer tens of thousands of pounds.

  R v Ali (2018)

  Rajesh successfully defended a defendant who was accused of stealing over a £100,000 worth of IPADs from his employer.

  DVSA v Stilprime Ltd (2016)

  Successfully prosecuted a company for operating a vehicle with a dangerous load, namely scaffolding.

  Operation Whippet (2014)

  Successfully prosecuted 15 defendants for a conspiracy to create false records. Advised from the outset on the buildings of a case, drafted charges and advised on the evidence. All 15 defendants were convicted.

  R v Rajput (2014)

  Rajesh successfully represented a defendant accused of a half a million pound credit card fraud.

  DVSA v Oslter Carriage Company (2013)

  Prosecuted a company for the creation of false MOT certificates.

  DVSA v Funtimes Hire Ltd (2013)

  Rajesh successfully prosecuted a company for operating a HGV without an operator licence and without using a tachograph. The issue concerned the definition of a showman's vehicle. The defendant was found guilty after trial.

• regulatory and disciplinary law

  DVSA v Appau (2019)

  Rajesh advised on and then prosecuted a defendant for Conspiracy to commit Fraud. The defendant was convicted of conspiring with another to cheat the driving theory test.

  DVSA v Frobisher (2019)

  Rajesh successfully prosecuted the defendant for instructing another to take her practical driving test.

  DVSA v Read (2019)

  Rajesh successfully prosecuted the first ever case of fraud concerning the sale of recalled motorcycle parts.

  DVSA v Gill and Others (2018)

  Successfully prosecuted several defendants for tachograph fraud.

  Traffic Commissioner v Stuart McMurchy & Sons Ltd (2016)

  Rajesh successfully represented a respondent who was called before the traffic commissioner to review his operator licence because of repute issues.

  DVSA v Barrington Fuller (2014)

  Rajesh successfully prosecuted a person operating a company that removed vehicles from airports. The case concerned the definition of a recovery vehicle. It was successfully argued by the prosecution that the defendant was not removing a disabled vehicle and as such was required to have an operator licence for his business.

  VOSA v United Limos (2012)

  Rajesh successfully represented VOSA before the Traffic Commissioner. They were defending an application by United Limos to recover their Limousines. The Limousines were retained.

• criminal law

  R v Innocenti (2018)

  Rajesh ably represented the defendant who faced an indictment alleging that she Conspired to Supply class A drugs. The case involved the analysis of thousands of pages of telephone evidence. The Crown were forced not to proceed with the case.

  R v Farmer (2018)

  The defendant received a non custodial sentence for her part on a money laundering offence involving thousands of pounds.

  R v Duncan (2018) (Court of Appeal)

  Successfully appealed the sentence of a defendant convicted of Child Cruelty.

  R v McColm (2017)

  Successfully represented a young defendant facing an indictment charging Conspiracy to Rob with 10 others. The defendant was acquitted of conspiracy to rob and was convicted of violent disorder after a 2 month trial.

  R v Wong (2017)

  Successfully represented a defendant charged with stranger Rape. The defendant was found not guilty.

  R v Adeola (2017)

  Successfully applied to vacate the plea of a defendant charged with the unauthorised provision of immigration services.

  R v Frampton (2017)

  Represented a defendant charged with 3 others for a Conspiracy to Produce class B drugs. They were running several cannabis farms.

  R v Anderson (2017)

  Represented a defendant facing an indictment charging him and several others for Conspiring to Produce class C drugs. They were running a multi - million pound steroid factory.

  R v McKnight (2016)

  Represented a defendant charged with Importing class A drugs.

  R v John Bell (2016)

  Represented a defendant charged with Arson with Intent to Endanger Life. He was said to have set fire to a flat where two elderly residents were living. The defendant was found unfit to enter a plea. There was a trial of issue after which the defendant was found not guilty.

Practice areas

Cases of note

• criminal law

  R v BB and Others

  Operation Patos – Led Junior in a murder committed in Enfield linked with the DA and the GMG. A ‘cut-throat’ between all of the defendants.

  R v C and Others

  Operation Nunton – Led Junior in trial at Central Criminal Court following a murder in Romford linked with drugs and ‘County lines’. In the cut-throat proceedings, Mr Charles was acquitted of the grave charges.

  R v D and Others

  Operation Dynasty – Leading Junior in a tragic death in Leicester that was broadcast nationally where the defendant was charged with conspiracy to murder but found guilty of lesser offences resulting in a sentence of just over 8 years.

  R v OH and Others

  A brutal double-murder gang-killing in Leytonstone that was tried at the Central Criminal Court and involved a ‘cut-throat’ between two factions of defendants from the one gang.

  R v TU and Others

  Junior counsel in a nationally broadcast and publicised honour killing case at St. Albans Crown Court where the defendants were charged with murder and the new Section 5 DVCDA.

  R v YA and Others

  Junior counsel in a nationally broadcast trial of numerous counts of rape, human trafficking and grooming in Peterborough and surrounding areas.

  R v PK and Others

  Murder of a young medical graduate battered to death with a cricket bat in an alleged gang related fight in South London.

  R v SA

  Representation of the defendant tried and convicted in the Rachel Manning murder.

  R v KY and Others

  Representation of a Metropolitan Police officer charged with multiple rapes, human trafficking, sexual assaults and perverting the course of justice.

  R v IN

  Young defendant charged and tried of grooming and rape of a teenage girl in the north of England: a hung jury resulted in this politically sensitive case.

  R v HJ

  An 86-year old charged with a number of historical sexual offences of rape and sexual assault of children.

  R v U

  Cleric charged with multiple counts of rape and indecent assault upon young students.

  R v L

  Man accused of raping a prostitute and causing serious injuries to her body.

  R v P

  Man with serious mental health deficiencies accused of raping young children.

  R v W and Others

  Junior counsel in multi-million pound drugs conspiracy trial and confiscation proceedings at Kingston Crown Court.

  R v P and Others

  Junior counsel in a conspiracy involving theft of machinery involving BOSCH UK at Reading Crown Court.

  R v JW

  Charged with several other defendants with a conspiracy to steal spanning 18 months and across the South East of England involving 100’s of offences.

  R v GJ

  Representation before the Recorder of Southwark where an old lady was killed via the act of death by careless driving.

  R v SVD

  Representation of a man charged in conspiracies involving kidnapping, blackmail, Section 18 offences and drugs supply at the Central Criminal Court.

  R v TH

  Air-rage case, where the accused was arrested and charged following efforts to force open the plane doors and storm the flight deck.

  R v SX

  A drugs conspiracy to supply Class A drugs in the Watford and surrounding areas from a gang alleged to have made millions of pounds from their actions.

  R v SM

  Tried for conspiracy to supply Class A at the Central Criminal Court, the defendants were alleged to be part of a gang who had conspired to Supply Class A across London.

  R v E

  Successful representation of a man charged with section 18 offences and on a life licence.

  R v B

  Armed Robbery conspiracy on an armoured vehicle by a prominent gang in the Midlands.

  R v VP

  Representation of a man charged with armed robbery and featured on the BBC’s ‘Crimewatch’ programme.

  R v NP and others

  Operation Osmoregulation – Led Junior in terrorism trial as the Old Bailey where the defendant was acquitted of all terrorism charges. The trial involving young children, schools and prayer classes was publicised nationally

  R v NC

  Arrested on Terrorism matters and subsequently tried on possession of explosive substances and improvised explosive devices, the Attorney General ordered for the matter to be dropped following lengthy legal arguments and submissions by the defence.

  R V LA

  Representation of leading client charged with terrorism and drug related offences in the United Kingdom and the United States.

  R v AM

  Parole Board Hearing, representing client convicted of terrorism offences.

  R v OB

  Representation of prisoner before Parole Board hearing convicted of terrorism offences and recalled to prison.

  R v M

  Terrorism matter charged under new legislation.

• business crime

  R v G and Others

  Operation Ensete and Operation Amaryllis – Leading Counsel in an International multi-million pound fraud and money-laundering case where Mr. Gidde was deemed to be the leading criminal but received a lesser sentence then all other defendants.

  R v IK and Others

  Operation Tarlac – Leading counsel for the main defendant in this multi-million pound International fraud to be tried in October 2016 in a conspiracy that resulted in world-wide money-laundering

  R v A and Others

  Representation of the ‘second in command’ in the £130 million fraud reported throughout the Press.

  R v AH and Others

  Operation Cave II – A fraud involving the smuggling and importation of tobacco, cigarettes and alcohol worth millions of pounds. Hamdi walked free from the court of the conspiracy charges.

  R v SP

  Operation Fardel – An International Fraud where the accusation was was that the defendant defrauded many victims and laundered the proceeds worldwide.

  R v A and Others

  Operation Susomo – Junior Counsel in a fraud conspiracy involving Forex Exchanges in and around London with International organistaions in the Middle East, Asia and Far East.

  R v SPP and Others

  Operation Perhaps – Representing one of the lead defendants in a mortgage conspiracy and money laundering case at Birmingham Crown Court involving millions of pounds.

  R v LN and Others

  Operation Jibe – Tried at the Central Criminal Court and accused of assisting the main defendant in a mortgage fraud involving numerous financial institutions and banks amounting to millions of pounds

  R v MY and Others

  Operation Enderby – Junior counsel in a multi-million pound fraud and money-laundering case at the Central Criminal Court where the SFO offered No Evidence after 19 days of a trial.

  R v SB and Others

  In this ‘spot-fixing case’ which was broadcast all over the world, was representing the Pakistan Cricket Team Captain in charges of conspiring to cheat and obtain financial advantage at Southwark Crown Court

  R v SM and Others

  ‘Bollywood Film Fraud’: a conspiracy to cheat HMRC by claiming rebates and VAT on Bollywood films that were never produced; one of the first film frauds to be tried in the UK, where HMRC lost millions of pounds.

  R v ZI

  Charged with conspiracies regarding Money-laundering, VAT and phone frauds following multi-national investigations and charged with a number of International defendants.

  R V MP

  Held at Southwark Crown Court, the first trial under the Bribery Act 2010, in conspiracies linked to bribes taken by an employee of HMCTS.

  R v NP

  Representation of defendant charged with a multi-million pound mortgage fraud.

  R v MR

  Client charged with various fraud and copyright offences and linked to £63 million HMRC Fraud.

  R v JS

  Conspiracies linked to Immigration fraud offences, false passports and documentation, tax evasion and benefit fraud on an International scale

  R v SD

  Heard at Southwark Crown Court, a conspiracy where the banking fraud involved employees of the bank being accused of withdrawing savings of clients who were deceased and transferring the money to international accounts abroad.

  R v SJ

  Benefit fraud involving hundreds of thousands of pounds and multiple fraud identities around Maternity Benefits, Child Tax Credits, Child benefits and other benefits by the defendant on behalf of persons residing abroad.

  R v MM

  Charged with several other defendants on a variety of fraud conspiracies associated with letting businesses and the letting of properties and money laundering offences.

  R v AM

  A fraud committed against TFL totalling hundreds of thousands of pounds by using the refund scheme on Oyster cards and electronic refunds.

  R v RC

  Representation of one of the UK’s leading Aston-Martin dealers accused of defrauding Williams (F1) and causing them huge financial losses.

  R v S

  Fraud case involving laundering of money and proceeds through the ‘Havalla’ method.

  R v AAS

  Multi-handed social security fraud involving 6 defendants and housing, council, social security and mortgage fraud.

• public law

  R v A

  A Judicial Review of the Parole Board and Prison Service regarding the recall and lack of education and training to a recalled prisoner.

  R v A

  A Judicial Review of detention of a foreign national held in custody despite the expiry of his custodial term.

  R v W

  Judicial Review of a prisoner incarcerated beyond his minimum time tariff due to the lack of courses in the Prison Establishment.

  R v S

  Various Human Rights arguments for a defendant prosecuted under the Serious Organised Crime and Police Act 2003, for protesting outside Parliament and other protesting activities.

  R v OB

  Judicial Review of the rights to privacy and family life of a defendant whose personal and family details were being broadcasted and reported daily through the national press.

  R v M

  Representation of Sri Lankan Tamils, protesting about the selling of arms to the Sri Lankan government and the subsequent killing of Tamils.

  R v M and Others

  Defendants charged with violent disorder offences and riot in Burnley and Oldham in 2001 and whose defence was defence of the community from Far Right racists.

  R v AM

  Parole Board hearing, representing client convicted of terrorism offences.

  R v OB

  Representing a prisoner before the Parole Board, convicted of terrorism offences and who was recalled for breaching licence conditions.

  R v A

  Representation of foreign nationals in parole proceedings who were sentenced to extended sentences.

  Adrian Longley

  Reported Inquest of a prisoner whose suicide was partially blamed on the Prison authorities who removed his suicide watch to facilitate his transfer from one prison to another.

  Andrew Pountley

  Death of a prisoner and Rule 39 order in relation to the availability of defibrillator’s in prison establishment.

  Andrew Palmer

  Inquest that ordered the updating and minimal requirements of first aid equipment in prison establishment.

• international law

  Prosecution v KSK

  Tried in Frankfurt, advised and represented the client charged as one of the leaders of a conspiracy involving a number of defendants and forming a multi-million Euros MTIC and VAT Fraud.

  Prosecution v SB

  Carbon Credit Fraud and Phone Fraud charges and allegation against a defendant in Munich involving tax evasion of over 12 million Euros.

  Prosecution v SA

  Dubbed the ‘Million dollar man’, representation included the fighting of his extradition from the USA to Europe and then the defence in various charges of VAT Fraud, Carbon Credit Fraud, Money Laundering and other offences totalling over 100 million Euros and many companies.

  Prosecution V IAP

  Charges varying from MTIC and Carbon Credit Fraud and also tax evasion and linked to one of the biggest Carbon Credit Frauds in Frankfurt.

  Prosecution v AV

  MTIC Fraud matters covering a whole European Network and specifically linked with emissions fraud in Poland

  Worked for Reprieve 2003/2004 to today in representing inmates on Death Row and facing the Death penalty in Louisiana, Texas, Mississippi and Florida.

  Advising clients in Caribbean Death Row cases.

  Advising clients in Pakistan who are sentenced to the Death Penalty.

• extradition

  R v SB

  Extradition Proceedings sought by GDR: defence of Extradition on Article 8 Human Rights Grounds and also Legal Submissions on Article 2 Grounds.

  R v KSK

  Involving a warrant issued by the GDR and arguments against extradition of client accused of being the ‘mastermind’ behind a multi-million-pound VAT Fraud. Defence based upon Article 8 of the ECHR and the validity of the arrest warrant.

  R v RK

  Extradition proceedings relating to various Category 2 states demanding extradition of a defendant charged with grave crimes.

  R v IP

  Extradition was requested by the GDR following the issuing of an EAW in relation to fraud allegations. Human Rights defences were submitted and argued all the way to the High Court.

  R v B

  Application by Turkish state to have Kurdish refugees extradited: Human Rights based opposition led to the application being refused.

  R v Wu

  Application to have a Chinese political dissident extradited to China.

• sports law

  ICC v SB

  Representation of the Former Pakistan Cricket Captain at the International Cricket Council Tribunal Hearing in Doha, Qatar, and at the Appeal at the Court of Arbitration for Sport (CAS), in Lausanne.

  BCB v MA

  Representation in proceedings before CAS and in hearings before an Independent Tribunal in Bangladesh on offences of match-fixing in the BCB with evidence of fixing in test matches and One-Day Internationals.

  WPBSA Tribunal

  Part of Tribunal Team that heard the cases and Hearings of Cao Yupeng and Yu Delu before the WPBSA Board.

  England Cricketers

  Representation of International cricketers in defamation matters arising out of match-fixing allegations and Al-Jazeera Documentary.

  ITF v JM

  Representation of International Tennis Star in Appeal Proceedings before CAS.

  BCB v DS

  English cricketer represented in proceedings of numerous individuals of various fixing offences in the Bangladesh Premier League.

  ECB v Mervyn Westfield

  Successful Appeal of a young English cricketer before the EWCB Independent Tribunal Appeal and representation in other hearings and cases.

  ECB v MW

  Successful Appeal of a young English cricketer before the EWCB Independent Tribunal Appeal.

  CSA v GB

  Advising of International Cricketer charged with match-fixing offences.

  ICC v RB

  Representation of an International cricketer investigated by the ICC for Breaching the Code on corruption.

  ICC v OS

  Representation of an International cricketer investigated by the ICC for match-fixing.

  WWA v OA

  Successful representation of wrestler charged with offences linked to steroids and enhancement drugs.

  LTA v S

  Dispute between the Lawn Tennis Association and a young black tennis player: instructed by the CAS to represent Mr Stoute.

  MCC

  Disciplinary Hearings Tribunal Member for various offences committed by members of the MCC.

  R v I

  County cricketer represented in front of County Tribunal Hearing.

  Essex FA v Bari FC

  Representation of Football Club and individual players charged by the FA.

  International Cricketers

  Contractual negotiations on behalf of International cricketers.

  Dhaka Gladiators

  Advising the Franchise Team, its owners and management body in relation to a ban imposed by the BPL and the ICC.

  PSL

  Advising Players and Franchise sides on player contracts, Image Rights and terms and conditions of League and Franchise.

  ESPN

  Contractual Negotiations and Agreements on behalf of International Sportsmen with Worldwide Sporting Broadcaster.

  Playing Contracts

  Contractual Negotiations with National Sporting Teams for player contracts, Image Rights, Endorsements, bonuses and more.

  Image Rights

  Advising International Sportsmen and Women on Image Rights companies, contracts, clauses, structures and benefits in a variety of sports

  MCC

  Committee Member and Advisor to Membership and General Purposes Committee

  Premier League

  Speaking at Premier League clubs to players and officials on contracts, terms, conditions, wages and various legal duties and rights within contracts
  
  As well as representation, advice has been provided to Sports Leagues Committees, teams and individuals in relation to a plethora of subjects including drugs and misconduct issues
  
  Speaker at International Sports law conferences involving topics such as corruption, drugs use, betting and corporate governance
  
  Adviser and trainer at Professional sports clubs and bodies including rugby, cricket, football and martial arts.
  
  Yasin Patel has also been involved in various aspects of Sports Law in advising, negotiating and drafting contracts for professional sportsmen with media companies for commentary, commercials and advertising and media work
  
  He has been instructed to represent International Sportsmen in their contractual negotiations as well as drafting of their professional playing contracts
  
  He is advising International Sports franchises on a variety of legal matters including good governance, contracts, image rights and media contracts
  
  Furthermore he is advising and representing International Sports personnel in governing body disciplinary issues and allegations
  
  

• regulatory and disciplinary law

  GDC v R

  Representation of a dentist alleged to have caused permanent damage to a patient in relation to treatment of sporting injuries.

  ICSL v X

  Representation of professional students excluded from the institution and excluded from legal societies due to cheating.

  GPhC v P

  A pharmacist accused of breaching GPC rules in relation to ethics, standards and professional code for prescriptions.