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Appellate Work |
Members of chambers have substantial experience of appeals, whether against sentence or conviction, or indeed for the prosecution by way of Attorney General’s Reference. Accordingly, members are available to provide advice in respect of the merits and prospects of any proposed appeal.
Members appear regularly not only in the Court of Appeal, but in the Divisional Court by way of Case Stated. From time to time members have appeared in the House of Lords and, on occasion, before the Privy Council. Members also undertake judicial review work as appropriate. Leading members of chambers with acknowledged specialist expertise have also taken “amicus” briefs to assist the Court of Appeal.
A few examples of appellate work are given immediately below. A larger list, with links, follows.
Notable House of Lords Cases
R v GG plc and others [2008] UKHL 17: pharmaceutical industry cartel
R v Soneji [2006] 1 A.C. 340 [2005] 3 W.L.R. 303 [2005] 4 All E.R. 321: “sea change” in the approach of the criminal courts to technical procedural defects.
R v A sub nom R v Y: [2001] UKHL 251, [2002] AC 45, [2001] 2 Cr App R 351: admissibility of evidence of previous sexual relations between a complainant and an accused in a rape trial.
Notable Court of Appeal Cases
R v O [2008] EWCA Crim 2835: application of international law obligations into criminal procedure.
R v Bryan [2006] EWCA Crim 279; 2006 2 Cr App R (S) 66: culpability of seriously mentally ill offender.
R v Abdullahi [2006] EWCA Crim 2060 [2007] 1 W.L.R. 225 [2007] 1 Cr. App. R. 14: meaning of 'for the purposes of sexual gratification' in section 12(1) of the Sexual Offences Act 2003.
R v Saik [2004] EWCA Crim 2936: appeal on the basis that a guilty plea was tendered following erroneous legal advice.
R v Saracoglu [2003] EWCA Crim 2244: Firm acting for two defendants with cut-throat defences – whether there was a conflict of interest.
Notable Administrative Court cases
Jeffreys v Director of Public Prosecutions [2006] EWHC 1377 (Admin): service of the certificate of analysis in an excess alcohol road traffic case.
R v Civil Aviation Authority & Sec of State for Defence ex p Islamic Human Rights Commission [2006] EWHC 2465: war crimes committed by foreign states – international obligations on UK authorities
R (Alamieyeseigha) v Crown Prosecution Service (2005): judicial review application on behalf of the Governor of Bayelsa State in Nigeria.
21.11.2008
An appeal against sentence by six defendants found guilty of failing to disclose information which would have assisted in preventing the bombings in London on the 21 July 2005. The... More...
23.04.2008
An unsuccessful appeal against conviction and sentence by the four failed London suicide bombers of 21 July 2005. More...
10.04.2008
For an automatic life sentence to be imposed under PCC(S)A 2000 s.109, it was necessary for a defendant to have been actually convicted of another serious offence at the time he... More...
22.11.2006
A case prosecuted by HM Revenue & Customs. Dismissal applications were successful on the main count before the trial judge. This was one of the first cases in which the Court... More...
R v Abdullahi
[2006] EWCA Crim 2060 [2007] 1 W.L.R. 225 [2007] 1 Cr. App. R. 14 Times, August 24, 2006
24.07.2006
This Appeal Court judgment concerned the meaning of 'for the purposes of sexual gratification' in section 12(1) of the Sexual Offences Act 2003. There was no requirement on a charge... More...
19.05.2006
This appeal related to the issue of service of the certificate of analysis in an excess alcohol road traffic case. The question was whether the District Judge was entitled to... More...
27.04.2006
The RCPO responded to a succession of appeals against conviction in historic money-laundering prosecutions (in the light of the House of Lords decision in R v Saik [2006] 2 WLR... More...
25.11.2005
The High Court rejected a claim of judicial review on behalf of the applicant, Alamieyeseigha, the Governor of Bayelsa State in Nigeria. He had sought to challenge the decision to... More...
14.09.2005
This Appeal concerned a major fraud involving a multi-handed conspiracy to steal a pension fund (described as “the biggest pension scandal since Maxwell”). Almost £3milliion was diverted from the Cheney... More...
21.07.2005
This was a successful appeal brought by the Revenue and Customs Prosecutions Office (RCPO) to the House of Lords relating to confiscation orders resulting from the conviction of three defendants for... More...
R v Loizou
[2005] EWCA Crim 1579, The Times 23rd June 2005
05.06.2005
The opening trial for this case alleged that money became criminal property when a person simply intended to use it for a criminal purpose. There was no authority for this... More...
27.05.2005
This appeal raised issues about the availability and extent of any defence of medical necessity for the use of cannabis to relieve chronic pain in respect of the commission of... More...
R v Saik
[2004] EWCA Crim 2936 Times, November 29, 2004
04.11.2004
The defendant appealed against conviction and sentence after pleading guilty to conspiracy to launder the proceeds of crime, following legal advice as to length of sentence and the security of... More...
04.11.2004
This was the first case to expressly distinguish in terms of sentence between single images and video footage in cases of downloading child pornography. In dismissing the appeal, the court... More...
R v Sed
[2004] EWCA Crim 1294 [2004] 1 W.L.R. 3218 [2005] 1 Cr. App. R. 4 Times, July 8, 2004
08.07.2004
The court dismissed the defendant’s appeal against a rape conviction. The victim was an 81 year old woman suffering from Alzheimer's disease. She had been unfit to attend court... More...
31.07.2003
This case involved a firm of solicitors acting for two drug charge defendants offering cut-throat defences. One of the convicted defendants appealed on the ground of conflict of interest... More...
Re Kanaris
(HL) [2003] UKHL 2; [2003] 1 WLR 443; [2003] 1 All ER 593; [2003] 2 CAR 1; [2004] Crim LR 69
30.01.2003
No rule of statute or practice prevented a judge from ordering a separate preparatory hearing in respect of one defendant jointly charged (with money laundering) if he considered that it... More...
15.01.2003
Appeals against convictions for murder were allowed where the court could not be satisfied that the trial judge had given proper directions on identification evidence in summing-up and the remaining... More...
R v D
The Times, 21 May 2002; [2002] 3 WLR 997; [2002] 2 Crim App Rep 36
21.05.2002
The Court of Appeal held that video testimony concerning the alleged indecent assault and attempted rape of the victim, whom the defendant claimed was incompetent as a witness because of her long-standing... More...
17.05.2001
The test of admissibility of evidence of previous sexual relations between a complainant and an accused in a rape trial in respect of s.41 Youth Justice and Criminal Evidence Act... More...
R v P and ors
Times, December 19, 2000 [2002] 1 A.C. 146 [2001] 2 W.L.R. 463 [2001] 2 All E.R. 58
11.12.2000
An appeal concerning the admissibility in criminal proceedings in the UK of evidence gained from foreign telephone intercepts and the effect of Art.6 (fair trial) and Art.8 (private and family... More...
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