Profile

AREAS OF PRACTICE

CRIME

Prosecution:

All aspects of the criminal law: murder, manslaughter (including a current Corporate Manslaughter and Gross Negligence Manslaughter case,) rape, fraud and other serious offences. Nominated by the Attorney General for HM Customs & Excise and the Health & Safety Executive.

Experience of prosecutions based on complex scientific, medical and telecommunications evidence. Special interest in issues relating to disclosure and Public Interest Immunity and in new methods of identification (ear prints and facial mapping).

Defence:

As above. In particular cases involving corporate manslaughter and “medical manslaughter” and assisting with intravenous drug abuse. Defending Regulatory/HSE prosecutions (re: construction/roofing/scaffolding/cranes/plant hire and local authorities).

Defending in murder cases, including ‘contract/honour’ killing, attempted murder cases and complex fraud cases.

REGULATORY

Health and Safety Cases [See accompanying Health & Safety CV]

GMC Prosecution work in misconduct and deficient professional practice Fitness to Practice Hearings involving complex medical issues, sexual offences and fraud.

INQUESTS

Specialising in cases involving death in custody, in hospitals and outdoor (adventure) activities. Also related Administrative Review work, [see Christopher Alder Case below]

Acted as a Legal Assessor on behalf of one of HM Coroner in connection with an Article 2 compliant alleged negligent medical treatment Inquest and on behalf of another HM Coroner as ‘Counsel to the Inquest’ in an Article 2 compliant ‘Death in Custody’ Inquest.

RECENT CASES

• R v Hayward [1999] Crim LR 71 CA (Conflict of Laws UK/EU legislation re: Duty Evasion)
• R v Hull Coroner for East Riding of Yorkshire and Kingston-upon-Hull, ex parte Dawson & Others [2001] ACD 365 (Death in Custody re: Christopher Alder, Administrative Review)
• R v Dallagher [2002] EWCA Crim 1903 CA (Admissibility of Developing Expert Evidence: Identification of Ear Prints)
• R v Carl Wesley Mason [2004] EWCA Crim 2848 (Application to Withdraw a Plea to Manslaughter)
• R v Stephen Christopher Makin [2004] EWCA Crim 1607 CA (Re: Prosecution’s Ongoing Duty of Disclosure re: Witnesses)
• R v Shah Nawaz Pola [2009] EWCA Crim 655 (Re: the definition of an ‘employee’ re: ‘migrant workers’ under s53 of the Health and Safety at Work Act 1974)
• R v Sam Whitehead [2009] CA (Unreported) (Re: the ‘requirement’ for an R v Turnbull direction, where there is unchallenged identification evidence.)
• R v Berry and Crisp [2010] EWCA Crim 355 (CA) (Re: the issues of  ‘double recovery’ and ‘abuse of process’, in the context of forfeiture of seized monies.)
• R v Stringer & Stringer [2011] 3 WLR 1243 (CA) (Re: Murder, joint enterprise and ‘secondary parties’)