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Homicide & Corporate Manslaughter |
Members of chambers have appeared in a string of high-profile murder cases over the years, both prosecuting and defending, as juniors and as silks. Members appear in murder and manslaughter trials nationwide, but are frequently involved in major cases of this kind at the Old Bailey.
Cases of more historic renown undertaken by members include the trial of Baroness de Stemple, R v Jeremy Bamber and R v Harry Roberts and ors (1967), in which three police officers were shot dead outside Wormwood Scrubs prison. More recent cases are the Essex Range Rover gangland triple murder and R v Martin – a murder conviction later reduced to manslaughter, where a farmer shot intruders as they ran from his property
Other contemporary, high-profile cases in which members of 18 Red Lion Court have appeared include:
- R v Preddie – the second (successful) prosecution for the killing of Damilola Taylor
- R v Bryan – the so-called London ‘cannibal’ case
- R v Bechian – the “London ambulance murder” where the victim was beaten by members of a rival drugs gang despite his retreat into an ambulance
- the high-profile trial of Dr. Martin, a Tyneside GP charged with the murder of three patients
- R v Wright – the murders of five women working as prostitutes in Ipswich
- R v Sweeney – murder of his wife by a prisoner on day-release
Members of chambers have long and substantial expertise in cases of homicide. These range from short trials of a week or less, to long trials involving multiple defendants, difficult evidential and technical issues, e.g. where death is caused by unusual or indirect routes. These require expert witness examination and strategic planning before and during trial. Members of 18 Red Lion Court are alert to such matters, and have undertaken many such cases. Examples include:
- death during violent robbery
- death arising from serious road traffic accidents
- death where a vehicle has been used as a weapon
- death in the workplace
- murder and torture by a prison guard (International Criminal Tribunal for the Former Yugoslavia)
- death of those being transported by human traffickers
- death of children by wilful neglect or as a result of chastisement
Members of chambers are sensitive to the special demands of a murder trial. These can require careful navigation. Members of chambers are sensitive to the needs of interested parties and, in particular, witnesses who may vulnerable for a wide variety of reasons, or have special needs during the trial. Murder allegations are particularly stressful for defendants: they are usually remanded in custody for long periods before trial (often in conditions of high security) and face the prospect of lengthy conviction if they are convicted. Members are accustomed to prosecuting or defending in homicide cases that have been complicated by additional issues, such as:
- Multi-handed cut-throat defences
- Unusually young defendants and/or victims.
- Examination of young or otherwise vulnerable witnesses
- Complex scientific evidence of
- Causation, e.g. fire deaths leading to asphyxiation; neglect leading to starvation and dehydration.
- Identity and Involvement, e.g. the late-disovered bloodstain evidence in R v Preddie
- Specialist issues subject to expert debate, such as “shaken baby syndrome”
- Workplace breaches of Health & Safety and best practice codes
Murder allegations are many and various. Some, had not a foot connected with a neck artery or a knife penetrated a millimeter too far, would have been simple assaults or wounding. Others have a multitude of technical and legal complications. However, all have one thing in common – they will attract extremely high minimum terms of imprisonment alongside the mandatory sentence of Life Imprisonment. Twenty years ago, mitigation in a murder case was often confined to a few words: now the additional rights of family members and partners to express their reaction to the killing and the increasing body of statutory and case law on sentencing means that barristers have a vital role in assisting clients and the court on sentencing issues. Likewise, in the past, the prosecution had little or no role in sentencing: it also now plays a pro-active and vital role in assisting the court. Chambers prides itself on being able to present these issues carefully, attractively and accurately. This duty does not end at the door of the Crown Court. Members are frequently involved in sentencing appeals since both the prosecution and the defence have rights of appeal in this area.
Corporate Manslaughter
Members have appeared in cases concerning the difficult and challenging field of corporate manslaughter. Such cases have generally been run in conjunction with Health & Safety prosecutions, in which members consequently also have some expertise. Notable corporate manslaughter experience within chambers includes not only the prosecution arising out of the Hatfield train crash (2005) but also R v Michael Griffin and Constructional & Vehicle Welders Ltd (2007). Members of chambers have been involved in presenting seminars on corporate manslaughter and health and safety both within chambers and externally.
08.07.2008
Defence of a 17 year old boy, who was acquitted of murdering his newly born infant son. More...
21.02.2008
The widely reported murder of five women working as prostitutes in the Ipswich area. Steve Wright was found guilty of murdering all five women over a six-and a-half-week period. More...
19.02.2008
The defendant was convicted of beating to death an alleged rival gang member with a hockey stick outside the defendant’s house. The case involved the extensive use of anonymous witnesses... More...
12.02.2008
Prosecution of a complex case of historic domestic abuse, culminating in conviction on counts alleging grievous bodily harm of the accused's girlfriend and the murder of his four-month-old baby son. More...
04.12.2007
The defendant was convicted for the murder of his wife while on day release from prison. More...
09.02.2007
Alleged murder of vulnerable elderly man by younger man who had befriended him.
More...
08.02.2007
A murder trial in which the father of a 4 month old baby has been accused of murdering his son. More...
01.01.2007
A double murder/life insurance fraud with three defendants (mother, father and their 14-year old Aspergers syndrome son). R2S (return to scene) computer technology was used for the first time to present... More...
09.08.2006
This was the second Damilola Taylor murder trial in which two brothers aged 18 and 19 were convicted of manslaughter. They were found guilty at a retrial at the Old... More...
18.07.2006
A widely reported trial. The defendant was found guilty of murdering his girlfriend by strangulation and of raping and assaulting her 11 year old daughter. More...
R v Bryan
[2006] EWCA Crim 379 [2006] 2 Cr. App. R. (S.) 66
31.01.2006
The London ‘cannibal’ case. Man previously convicted of Manslaughter (Diminished Responsibility) killed and ate neighbour and killed fellow inmate in Broadmoor whilst awaiting trial on the ‘neighbour’ charge. More...
14.12.2005
The acquittal from murder charges against a GP accused of murdering three of his patients with morphine overdoses. More...
16.11.2005
The high profile murder and historic rape trial in which Wayne Doherty was found guilty by DNA evidence obtained 27 years after raping and murdering Norah Trott who was 63 years... More...
22.10.2005
Young man accused of being part of a gang intent on murdering a rival gang-member in a ‘cashpoint cloning’ war. More...
01.07.2005
This widely reported murder trial is thought to be the longest in the history of the Metropolitan Police and of the Old Bailey and cost more than £10m. Three men... More...
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