Crime Team blog: this week in Chambers

In: News Published: Friday 17 July 2020

Share

Nigel Edwards QC, Andrew Hill and Paul Williams appeared in the Wolverhampton Crown Court On Monday and Tuesday to represent clients alleged to be Involved in inter-familial sex abuse. The case is to listed for 5 months in early 2022, with a month of section 28 hearings in late 2021. The case will be VHCC. Further junior and silk certificates applied for. 

Andrew Hill represented a 16 year old charged with the attempted murder of a fellow schoolboy. The victim was stabbed 13 times and was only saved by the chance presence and assistance of both a doctor and a nurse who happened to be close at hand.

The assailant was autistic and also was diagnosed with ADHD. Following representations, the Prosecution accepted a plea to S 18 OAPA 1861 and bladed article.

The sentencing process was complex because of the balance between protecting the public on the one hand whilst looking at the mental health considerations pertaining to the Defendant.

The medical reports presented to the court concentrated on future care in a secure unit under a hospital order. The Court was persuaded to pass a hospital order with restriction and not a period of imprisonment.

Paul Williams instructed to act on behalf of a client that was arrested and charged following an investigation from the NCA, along with other European National Investigation agencies, cracking the encrypted phones used by the alleged leaders of Organised Crimes Groups. The NCA claims this is a game changer in its fight against international organised crime.

The Bournemouth case involves a Defendant who is allegedly the leader of an OCG and who has allegedly conspired to import multi- tonne shipments of Cannabis into the UK via Spain from North Africa.

Edward Lucas appeared before HHJ Cahill at Southwark CC on 13/7 where D indicated a guilty plea to the sexual assault of an 85 year old complainant with severe dementia. She is since deceased

The case has now been put over for an assessment of dangerousness

The D has a previous conviction for burglary and sexual activity with a child. He broke into a house, put on children’s clothing and then committed a sexual act.

There was no application for psychiatric reports but it was stated that D needed “ help”. 

Edward's latest instructions involve the sexual assault of a 27 year old woman with severe learning difficulties. She was reported as a missing person by her family. She was located after a press release, located by the police when she made the allegations

The case appeared before Woolwich Crown Court on Monday when it was indicated that D would plead guilty. 

The case is next before the court on 30/7

Ravinder Saimbhi appeared at Kingston CC this week to mitigate on an assault by beating and possession of an imitation firearm. The prosecution had originally sought a retrial on a count Possession of an imitation firearm with intent on which the jury had been hung after a 5 day trial last year. Receiving a 3 month sentence already served remand, the client was happy to finally have a conclusion to his case.

Join Robert Fitt and Jennifer Brenton for their webinar on 'The Regulation of Investigatory Powers Act 2010 (RIPA): Covert Surveillance and Social Media'

Robert Fitt will provide an overview of RIPA: What is "covert surveillance"? What is "directed" versus "intrusive" surveillance? When is RIPA Authorisation required? What happens if the Prosecution have failed to obtain it? 

Jennifer Brenton will address how RIPA applies to social media: How can information in the public sphere still be "private information"? When is investigation via the internet "covert"? At what point does the investigator cross the line into "surveillance"?

Privately instructed, Dudley Beal secures a four-week long Community Order for a client charged with drink driving. The reading was 101 micrograms of breath, the legal limit being 35.

Mohammed Saqib triumphed with two road traffic matters this week, both being heard at High Wycombe Magistrates Court. Both defendant’s were facing 6-month driving bans for ‘totting up’, however successful exceptional hardship arguments were made. Both defendants were able to leave Court with penalty points on their licence and low fines but crucially, no driving bans. 

 

It's safe to say this has been our busiest week since lockdown began. I can barely spare 5 minutes without the phone ringing. I think this is the first time my other half has understood how busy it can be for a Clerk!

Full steam ahead..

Have a good weekend all. 

Jamie