Jonathan Higgs QC leading James Martin for Goldkorns Solicitors. Three people were charged with Murder following the discovery of a body left in the stairwell of a block of flats in Chatham. The deceased and the three charged were known drug users and the death had occurred in a nearby flat occupied by one of the accused.

The previous few days were carefully pieced back together by the investigatory team using a combination of CCTV footage, eye witness accounts and call records as well as some footage from mobile phones.

There were complex issues of causation due to the post-mortem findings and in particular the neuro-pathology results. Besides the factual complications there were also issues relating to identification and also joint-enterprise.

Alistair MacDonald QC led James Martin. This case involved the defence of “loss of control” and raised the very difficult question of how a Jury has to approach the three stage test in a case where the violence used was so extreme. In such circumstances the true complexity of answering the final question was exposed. Where the Jury finds there was a loss of control based on a qualifying trigger: are they sure that a reasonable person in the defendant’s circumstances would not have reacted in the same or a similar way?

Considering what a reasonable person who has lost his self-control might do in unusual and difficult circumstances is a very hard task indeed when the Court of Appeal have offered so little assistance on the topic. Instructed by EBR Attridge.

James Martin was led by Michael Ivers QC in this case concerning a fatal attack on Halloween 2017 where a group of young men armed with poles and knives attacked another group in a park in Selhurst, near Croydon. Allegations put on a classic Joint Enterprise basis by the Crown. Heavy reliance upon CCTV and Cell site evidence. 

Jonathan Higgs QC led James Martin and successfully defended this allegation of Murder. Principle defendant accused of stabbing his partner in premeditated attack said to have been planned in advance and encouraged by the second defendant who hid in the boot of the car when victim was picked up by the first defendant. Issues in the case involved: Self defence, loss of control, secondary parties to Murder and joint enterprise.

James Martin was Led by Tim Roberts QC in this Multi-handed conspiracy to commit Murder at Winchester CC. Allegation was that Mr Hallam was the prime mover in an organised hit on a woman he is said to have been having an affair with. The evidence came from substantial probe material, cell site and other telephone evidence. 

James Martin was led by Stephen Kamlish QC in this Multi-handed conspiracy to murder at the CCC. The allegation was that an associate of BD was slashed a few months prior to the killing. The man responsible was said to have been located by BD and a gang was called in to kill him. However, the wrong man was killed in a brutal stabbing. The case was heavily reliant upon phone and cell site evidence. The case was resolved ultimately when the Crown were persuaded to accept pleas of guilty to a conspiracy to commit GBH.  

James Martin instructed as defence counsel. Allegation is that the defendant drove his partner to a remote location and dragged her from the car and attacked her. When this did not work he got back into the car with her and then drove dangerously with the intention of killing them both. In the crash that ensued both were injured but survived. Instructed by Goldkorns.