Stephen Rose specialises in the prosecution and defence of serious crime in the Essex and London area. He has recently started accepting prosecution and defence briefs as leading counsel.
He has appeared in homicide cases for both prosecution and defence. He has particular experience of the prosecution and defence of sexual offences – particularly those involving children. He was monitored by Essex CPS in November 2008 with a view to accreditation as a rape prosecutor, in line with CPS policy.
He also has particular experience in the prosecution of multi handed “identity theft” conspiracies.
He has argued several cases involving s41 Mental Health Act restrictions.
His other work includes prosecutions on behalf of local authorities (regulatory prosecutions and benefit fraud). He has also appeared as defence advocate in courts-martial both at home and abroad.
Murder
He has appeared in a number of murder cases as led junior counsel.
Prosecution
- 2009 - R v Pearson. Junior prosecution counsel in murder trial led by David Holborn.
Defendant convicted of murder.
- 2008 - R v Kendrick . Led by Stephen Harvey QC
Allegation of murder of a baby arising from so-called ‘shaken baby syndrome’. The leading experts on both sides of the on-going expert debate in this area gave evidence in this trial – including those in the field of biomechanics
- 2007 – R v Bourne. Led by Stephen Harvey QC
Allegation of revenge murder by kicking in Colchester.
Allegation of murder arising from strangling of brother’s girlfriend on Canvey Island. This was the first use of ‘smoke odour analysis’ in an English criminal trial, whereby analysis of smoke deposit particles on Defendant’s clothing was used to link him with fire at scene of crime. Conviction secured.
- 2008 -R v Ramchurn. Led by Nigel Peters QC
Conviction of accused of garrotting of his wife’s lover and the subsequent disposal of the body near Stansted Airport.
Defence
- 2009 - R v B(J) [2009] EWCA 1036
Led counsel on behalf of the Defendant in reply to Prosecution application to Court of Appeal to quash acquittals on charges of attempted murder (section 76 CJA 2003). The Prosecution application was refused.
- 2009 - R v Belben. Led junior.
Defendant charged with murder of father and attempted murder of mother. Case concerned medical evidence as to the potential side-effects of anti-depressants in teenagers. On-going appeal proceedings.
- 2007 – R v Adams. Led by Stephen Harvey QC
Successful cut-throat defence of 17-year-old Defendant jointly charged with the murder of an alleged paedophile who had been released on bail in Pitsea.
Led junior counsel at trial and appeal on behalf of Defendant charged with murder. Defendant alleged to be prime mover in joint enterprise in which co-defendant stabbed a male at a caravan park in Clacton. Defendant convicted at trial. Defendant’s conviction for murder was quashed by the Court of Appeal after argument on the issue of joint enterprise. Defendant was retried in November 2009 and reconvicted. Appeal proceedings arising out of retrial are ongoing.
Defence of principal Defendant in joint enterprise murder allegation arising from beating to death of alleged paedophile in Wembley.
Sexual Offences
Prosecution
- 2008 - R v Martin T [2008] EWCA Crim 3229
Prosecution counsel instructed to resist appeal based upon fresh medical evidence in child rape case. This case concerned substantial changes in medical opinion as to physical findings that were previously considered to be diagnostic or supportive evidence of child abuse. The appeal was dismissed.
Allegations of rape of a young girl. Secured conviction and successfully resisted appeal.
- 2008 – R v Tulaganov & another
Convictions secured against two accused for rape. Both accused had been interviewed under caution with the assistance of an interpreter and serious issues arose over the accuracy of the transcripts. The case also involved complicated mobile telephone billing and cell site evidence.
Defence
Defence counsel instructed on behalf of 12 year old Defendant charged with rape. Defendant pleaded guilty to attempted rape after successful argument that Youth Court should retain jurisdiction.
Defence Counsel on behalf of Muslim man charged with multiple counts of rape arising from his arranged marriage.
Leading Counsel in defence against four historic allegations of rape, dating from 1958–1984, where the defendant was a former care home worker.
Successfully defended a Court official charged with marital rape.
Leading Junior Counsel for husband jointly charged with wife in multiple allegations of child cruelty towards their children. Successful defence of allegation of deliberate starvation based upon evidence given by a leading expert witness concerning ‘psycho-social short stature syndrome’.
Fraud
Stephen Rose has substantial experience in the prosecution of fraud – and in particular conspiracies to defraud by means of identity theft and in the preparation of multiple victim cases for trial.
- February 2009 – R v Hipwell & Others
Junior Counsel in the prosecution of an off-shore investment conspiracy, instructed by CPS Complex Case Unit.
- 2006-2008 R v Nicklen & Others “Operation Parapet”
Leading Junior Counsel in prosecution of a sophisticated identity theft conspiracy. There were some 75 examples of misused identities. All the accused pleaded guilty.
Junior Counsel in prosecution of identity theft allegations. Plea of Guilty.
Junior Counsel in prosecution of a Tesco's Manager charged as ‘insider’ in bank holiday safe-cracking at Laindon. Conviction.
- 2002 - 2005 R v Mercer & Others “Operation Damage”
Led Junior Counsel in a sophisticated conspiracy to handle stolen goods and release profits by selling on ebay.
- 2000 R v Odewale & Others
Led Junior Counsel in the prosecution of sophisticated identity theft conspiracy. This case is now the leading sentencing authority in this area of the law. The conspiracy was the subject matter of a Channel 4 drama documentary. Convictions secured.
Future work (2010)
Led junior counsel on behalf of prosecution in multi-handed car ringing conspiracy (with David Holborn).
Junior counsel instructed on behalf of Defendant charged with murder.
Led junior counsel instructed on behalf of prosecution I allegation of murder where defence is diminished responsibility (with David Holborn).
Junior counsel on behalf of teenager charged with multiple counts of rape and distribution of child pornography.
Junior counsel on behalf of Defendant charged with conspiracy in a private prosecution by Virgin Media concerning sale of pre-flashed digital cable TV boxes.
Other Work
Defence Counsel in successful defence of and section 18 wounding arising from a stabbing in the context of racial tensions in Ipswich. His clients were Polish speaking and instructions and evidence required the use of interpreters.
Led junior counsel on behalf of acquitted Defendant in allegation of attempted murder by arson. Defendant was alleged to have been part of gang that petrol bombed the home addresses of serving policing officers in revenge for a local police drugs operation. Further appeared as led junior counsel on behalf of Defendant in May 2009 to reply to an application by the Director of Public Prosecutions to quash the acquittal and order a retrial pursuant to section 76 of the Criminal Justice Act 2003. The Court of Appeal refused the application.
Junior Counsel in prosecution of young Defendant charged with attempted murder arising from stabbing his grandmother in attempt to bolster a duress defence he was running in other proceedings. Plea of guilty to GBH negotiated.
Prosecution Counsel in allegation of Section 18 Wounding in a Southend Nightclub. Conviction.
Stephen Rose acted on behalf of the family in inquest proceedings arising from the death of a city-worker from New Zealand after an altercation in a north London takeaway. He subsequently appeared in the successful appeal proceedings before the Criminal Injuries Compensation Authority.
1994 - BA Hons "Jurisprudence", 1st Class, Exeter College, Oxford University
1995 - Called to the Bar, Gray's Inn
