Michelle Nelson both defends and prosecutes. She has defended in cases from theft to child cruelty and prosecuted violence, drug supply and importation. She is on the Attorney General’s List and has been instructed to prosecute in large frauds and large-scale money laundering cases on their behalf. She prosecutes for the Serious Fraud office, including acting for them in relation to a Microsoft copyright fraud. Her work includes dealing with restraint and confiscation and she has worked at the Asset Forfeiture Unit of the Revenue and Customs Prosecutions Office advising on and pursuing restraint and forfeiture.
In 2004, she spent three months in Jamaica defending in capital murder cases.
She advises the Attorney General on and has represented the Attorney General in the Court of Appeal in unduly lenient sentence appeals.
Other work includes advising on behalf of appellants in Privy Council appeals, advising and drafting restraint applications in the High Court and Crown Court.
Cases of note
R v Chelsea Bennett [June 2008]
Prosecution Junior
Murder allegation involving young female defendant and victim. A murder with a high profile in which the defendant was subsequently acquitted. Careful legal advice had to be given as to the use of and extent to which the prosecution were obliged to call people as witnesses.
R v Pope, Pope & Garner [February 2008]
Perverting Course of Justice/Perjury
Prosecution Counsel
The defendants, who were all family members, gave eye-witness statements to the police in relation to a murder. Later two defendants altered their accounts and gave evidence in the murder trial which was for a variety of reasons, subsequently stopped. Advised on evidence, charges and drafted charges to particularise conduct. This case was largely based on documentary evidence making presentation difficult and involved analysis and presentation of a large number of text messages sent by a great number of unregistered SIM cards.
R v Good & Good [Nov 2007]
Defence Junior
Allegation of fraud by DTI (BERR) based on property transferred under a twenty-year-old consent order issued in the Family Court and bankruptcy imposed on non payment of that debt. Advised and drafted legal submissions that annulled the bankruptcy on grounds it was wrongly imposed and stayed the criminal proceedings as an abuse of process.
R v Stace & Stace [Sept 2007]
Prosecution Junior Trial
Prosecution Counsel on sentence appeal of 28 year minimum sentence.
Murder of elderly man by kicking and stamping. The accused pleaded guilty at trial and challenged the sentence imposed as being too high a tariff. Sentence confirmed.
R v Robert Torto [July 2007]
Prosecution Junior
Multiple Murders by arson. Advised on the accepting a plea based on diminished responsibility where both Crown and defence experts agreed the defendant’s responsibility was diminished.
Inland Revenue Commissioners v Kingston Crown Court (24.07.01, Court: High Court / Administrative Court ) [2001] 4 All ER 721 [2001] EWHC Admin 581; Arch 1-40.
Tax fraud case where the Prosecution judicially reviewed the Crown Court’s decision to dismiss the case where the evidence was based on the interpretation to be placed on documentary evidence including to whom and where they were sent. The case has become an important authority on the test to be applied by a judge on dismissal applications under s2 (2) Schedule 3 Anti Terrorism Crime and Disorder Act 1998, in particular that he should take into account the whole of the evidence against a defendant and not view any evidence in isolation of its context .
Bluethorne Communications Limited [2004 -ongoing]
Prosecution Junior
Serious Fraud Office Prosecution of fraud on mobile phone network companies. Case based on accountancy evidence. Advised on content, areas of analysis and presentation of prosecution accountant’s preliminary report and response to defendants’ accountancy experts. Advised on and drafted application material for restraint and confiscation.
1994 - Called to the Bar, Middle Temple
