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Appellate

Members of Chambers pride themselves on never leaving any stone unturned and have vast experience appearing in all Appellate Courts. If anything went wrong with your case at Court, you can rest assured that every possible step will be taken to overturn wrongful decisions and correct any injustice.
 

If your case was handled by other Chambers and you are not satisfied, members of 5 King’s Bench Walk will always be available to provide written advice and where necessary appear at Appellate Courts. Members are increasingly contacted through the Public Access rules to offer advice and assistance in this area.

 

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25 March 2020

COVID-19 & 5KBW

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1 November 2019

5KBW awarded Crime Set of the Year at Chambers UK Bar Awards

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Recent Cases

  • PS, Abdi Dahir, CF v R [2019] EWCA Crim 2286 2019

    Guidance about sentencing offenders with mental health conditions or disorders

    Peter Eguae successful in appeal against sentence for a serious section 18 GBH, following a sustained attack to the victim’s face and neck with a broken glass bottle. Successfully argued that previously undiagnosed mental health issues reduced the appellant’s culpability. 14-years reduced to 10-years.

    The judgement by the Lord Chief Justice, LJ Fulford and LJ Holroyde contains guidance about sentencing offenders with mental health conditions or disorders (PS, Abdi Dahir, CF v R [2019] EWCA Crim 2286).

    Instructed by Joe Davis of National Legal Service Solicitors.

  • R v. Gordon Park [C.O.A.] 2019

    Lady in the Lake murder trial

    Louise Oakley was Junior Prosecution Counsel led by Richard Whittam QC before Lady Justice Sharp, Mr Justice Sweeney and Mrs Justice May in response to the CCRC’s  Referral  of the “Lady in Lake” case which was one of the UK’s longest murder enquires.

    Carol Park went missing on 17 July 1976, and was never seen alive again by her family. In 1997, her body was discovered by divers in Coniston Water.  She was nicknamed "the Lady in the Lake” by detectives. Carol Park’s husband (Gordon Park) was convicted of her murder in 2005. He appealed against his conviction, nut it was dismissed in 2008. Just over a year later, Gordon Park killed himself on his 65th birthday in his cell at HMP Garth.

    Gordon Park’s family applied on his behalf to the CCRC and following an eight year investigation they referred the case in 2018 to the Court of Appeal on the basis that there was a real possibility the Court of Appeal will consider the conviction is unsafe. The CCRC cited the cumulative effect of a number of issues, including the non-disclosure of expert opinion undermining the prosecution’s assertion that Gordon Park’s climbing axe could be the murder weapon, new scientific evidence showing that Gordon Park was not a contributor of DNA preserved within knots of the rope used to bind his wife’s body, non-disclosure of information undermining the reliability of a prosecution witness who gave evidence of a prison confession and a renewed assertion that a rock found in the lake near Carol Park’s remains could not specifically be linked to rocks at Bluestones, the family home, should be reassessed.

    The Appeal involved the instruction of forensic scientists, forensic pathologists and forensic odontologists and a review of legal, dental and medical records going back to 1976.

    BBC news report here.

  • R v Alexander Blackman [Court Martial Appeal Court] 2017

    Murder reduced to manslaughter following CCRC reference and second appeal

    Jeffrey Israel and Senghin Kong led by Jonathan Goldberg QC and instructed under the Bar Direct Access scheme, represented former Royal Marine Sergeant Alexander Blackman (also known as “Marine A”) who succeeded after a long campaign for justice in having his conviction for murder reduced to manslaughter by diminished responsibility. The campaign was led by the renowned author Frederick Forsyth and the Daily Mail, and supported by thousands of members of the public.

    The new legal team submitted a 100-page report to the CCRC in December 2015. A year later the CCRC referred the case back to the Court Martial Appeal Court who swiftly quashed the conviction for murder and imposed a sentence for manslaughter which would allow for the former sergeant’s almost immediate release. Outside Court after the sentencing hearing on 28 March 2017, the wife of Marine A, Mrs Claire Blackman said: 

    “We are overjoyed at the judges’ decision to significantly reduce Al’s sentence, such that he can be released imminently. This is the moment that we have all been fighting hard for. It is hard to believe that this day is finally here. There are so many people we must thank for getting us here. They include of course our brilliant legal team, Jonathan Goldberg QC, Jeffrey Israel and Senghin Kong, thank you all. They also include the fabulous Frederick Forsyth and the wonderful Richard Drax MP, both of whom have fought tirelessly in support of Al.” 

    Mrs Blackman later added:

    “Jeffrey consistently offered us calm, considered and professional advice. His patience knows no limits. His knowledge and observation skills meant that he was always open and honest - never promising anything he couldn't deliver. And he certainly delivered.”

    “What Senghin doesn't know about the law and its application isn't worth knowing. His knowledge and attention to detail is incredible and yet his approach was always to help us clearly understand and explore solutions. Everyone needs a Senghin on their team.”

    To read more about this case please use the links below:

    Daily Mail report on the sentencing (28 March 2017)

    Telegraph report on the sentencing (28 March 2017)

    The sentencing remarks (28 March 2017)

    Daily Mail report on the conviction being quashed (15 March 2017)

    Guardian report on the conviction being quashed (15 March 2017)

    The appeal judgment (15 March 2017)

    Joshua Rozenberg’s commentary in anticipation of the appeal hearing (5 February 2017)

    Daily Mail Campaign for Justice page

  • Appeal of M S [Court of Appeal] 2017

    Appeal against conviction for attempted murder and possession of shotgun with intent to endanger life

    Natasha Wong QC acted for youth with severe learning difficulties and very limited cognitive function on appeal based on fresh expert evidence of his condition and the fairness of his original trial, with additional  “Jogee”  joint enterprise ground following his conviction for attempted murder and possession of shotgun with intent to endanger life. Instructed by Paul Martin & Co

  • Appeal of DS 2016

    Gross Negligence Medical Manslaughter

    Mark Heywood QC leading Ben Temple, acted in the appeal by a doctor convicted of Gross Negligence Medical Manslaughter following the death of a patient after falling unexpectedly ill following knee surgery.

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