Cases
Cases
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Secondment - Post Office Limited 2024
Criminal Appeals Department
Instructed by Peters & Peters, Ria worked in-house within the Remediation Unit of Post Office Ltd, concentrating on criminal appeals relating to ‘Horizon’ evidence. She provided advice in relation to whether convictions had been obtained through abuse of process, co-ordinated multiple aspects of post-conviction disclosure to individuals, other prosecuting bodies, the MET Police and the CCRC. She also liaised directly with the Ministry of Justice in the lead-up to the introduction of the Post Office (Horizon System) Offences Act 2024.
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R v MD [Court of Appeal (Criminal Division)] 2022
Appeal Against Sentence
William represented the Crown in an appeal against sentence concerning a Sexual Harm Prevention Order. The appeal was only allowed in part and the Court of Appeal agreed with William’s submissions that the prohibitions from entering public toilets and from sending photographs of genitalia were necessary and did not mimic the existing law. William’s submissions were described as “ingenious” by the Court of Appeal. Instructed by the Crown Prosecution Service.
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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.
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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.
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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
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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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Appeal of Johnson & ors 2016
Post "Jogee" Joint Enterprise Appeal
Sarah Forshaw QC was involved in the post "Jogee" conviction appeals. A matter that is to be considered by the Supreme Court.
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R v. B [AG Reference] 2016
Blackmail
Dominic Webber represented this defendant before the Court of Appeal for offences relating to Blackmail and payment of £30,000 after threats to family.
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R v. Smilginis [Snaresbrook & C.O.A.] EWCA Crim 550 2016
Rape & Appeal Re: Inconsistent Verdicts
Sue Rodham defended in this multiple rape allegation trial, which subsequently went to the Appeal Court, and is now a guideline case involving inconsistent verdicts. Instructed by Thomas Boyd Whyte.
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Appeal Re: F 2016
Appeal of Confiscation Order
Senghin Kong represented the Appellant at his successful appeal against a confiscation order and was commended by Davis LJ on the clarity of his written and oral submissions. The Crown had successfully argued below that debts incurred solely by the Appellant but secured on his family home should be paid from the proceeds of sale before division between the Appellant and his wife who shared the beneficial interest in the property equally. On appeal, the Crown conceded that this was wrong and the Court of Appeal held that these debts should be paid out of the Appellant’s share of the proceeds of sale as to hold otherwise would lead to a disproportionate result.
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R v. Akhtar [Southwark & C.O.A.] 2016, R v. Akhtar [2016] EWCA Crim 390 2016
Appeal against a decision to stay proceedings
Successfully defended a prosecution appeal against a decision to stay proceedings involving a vulnerable defendant where special measures were essential for a fair trial, but had not been put in place by the Court.
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Appeal of J V [Court of Appeal] 2016
Appeal of severely autistic man convicted of fraud
Natasha Wong QC acted for severely autistic man convicted of fraud in appeal based on fresh expert evidence that had never been adduced at his original trial and to demonstrate by reference to extensive transcripts that his trial had not been fair. Instructed by Hodge Jones and Allen
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R v. Brennan [2015] 1 WLR 2060 2015
Murder
Sarah Forshaw QC was instructed in the defence of a gay escort accused of killing 53 year old antiques dealer in a ritualistic satanic attack. The murder conviction was overturned on appeal in 2015 and the sentence reduced. It has become an important decision in cases of diminished responsibility and expert psychiatric evidence.
The judgment of the Court of Appeal, Criminal Division, is now reported http://www.bailii.org/ew/cases/EWCA/Crim/2014/2387.html. The decision is now cited in both the current editions of Archbold and Blackstones.
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R v. V & T [C.O.A] 2015
Appeal Against Sentence for Money Laundering
Hannah Wyatt instructed in a successful appeal against sentence in relation to fraud and money laundering offences. Sentence reduced from 3 years to 2 years.
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R v. Haque [Snaresbrook & C.O.A.] 2013
Harassment
Paul Jackson defended a male charged with harassment, putting his own brother in fear of violence. The complainant was so discredited during cross-examination that the Crown offered no evidence declaring in explanation to the jury that "the complainant's credibility had been diminished to vanishing point". Not guilty verdict entered. The trial judge then imposed a post-acquittal restraining order under section 5A(1) of teh Protection from Harassment Act 1997 which was subsequently quashed by the Court of Appeal.
R v Mohammed Emanul Haque (2014) EWCA Crim 832 and R v Mohammed Emanul Haque (2015) EWCA Crim 767.
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Coats, R. v [2013] EWCA Crim 1472 (24 July 2013) 2013
"Battered Woman Syndrome"
Sarah Forshaw QC acted on behalf of this appellant on a case referred to the COA by the Criminal Cases Review Commission. The appeal centred around "Battered Women Syndrome" after the appellant was convicted of cocaine smuggling. Instructed by Blackfords LLP.
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R v. Thompson [Aylesbury] 2013
Historic Sex Abuse
Sarah Forshaw QC leading Dickon Reid successfully represented this defendant who had Aspergers and was charged and cleared of 42 counts of historic sexual assaults. The defendant had similar fact previous convictions which were renewed to the Court of Appeal and subsequently overturned. Instructed by Edward Hayes LLP. Internet report here.
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R v. Armel Gnango [Supreme Court] 2011 UKSC 59 2011
Appeal re: joint enterprise / transferred malice
Mark Heywood QC along with Brian Altman QC represented the Crown before the Supreme Court on this leading authority regarding joint enterprise / transferred malice. The Supreme Court held, restoring Gnango's conviction for the murder of Magda Pniewska, that he was guilty of murder notwithstanding the fact that he had not fired the shot which killed Pniewska during the shoot out which led to her death, and that the fatal shot had been fired by his opponent in an attempt to kill him.
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R v ABCD (Joint Enterprise) [2010] 2 Cr.App.R 32 2010
Murder
Mark Dacey, led by Ian Glen QC appeared in this reported case on joint enterprise murder - R v ABCD (Joint Enterprise) [2010] 2 Cr.App.R 32
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R v Ramchurn (Diminished responsibility) [2010] 2 Cr.App.R.3 2010
Murder - Diminished Responsibilty
Mark Dacey was led by Ian Glen QC in this reported case regarding Diminished Responsibilty in a murder trial.
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R v. Iain Davis [H.O.L.] 2008
Landmark ruling on Anonymous Witnesses
R v. Iain Davis [2008] UKHL 36
Sue Rodham was led by Malcolm Swift QC at the House of Lords on this landmark ruling on the use of anonymous witnesses in Criminal trials. The original case involved a double-murder perpetrated by the use of a handgun. The sole and decisive evidence came by way of witnesses who had had their identities hidden from the defendant and their evidence came from behind screens with their voices distorted to avoid recognition. The House of Lords agreed that the defendant could not have a fair trial in these circumstances and that he was entitled to know who his accusers were.
