Serious Crime

R. v D [2016] EWCA Crim 454; [2016] 4 W.L.R. 122; [2016] 2 Cr. App. R. 18; [2016] Crim. L.R. 569

Ben appeared in an important appeal concerning defective indictments and the substitution of offences on appeal.

 

 R. v M [2016] 2 Cr. App. R. 20

Ben appeared in an appeal concerning the presumption of incapacity of committing a crime in historical offences where doli incapax applied.  The presumption could only be rebutted by the prosecution by clear positive evidence, not consisting merely of evidence of the acts amounting to the offence itself, but that the appellant knew that his act was seriously wrong as distinct from mere naughtiness or childish mischief.  Where such incidents formed bad character evidence then the presumption was irrelevant.

 

Regina v D [2013-2014]

Ben, instructed by OWN Solicitors, is currently representing a defendant charged with rape and serious sexual offences involving alleged fetishist elements.

 

Baby Smuggling [2013-2014]

Ben is currently prosecuting a series of cases involving the smuggling of babies from African states into the United Kingdom.

 

Operation Throughout [2012-2013]

Ben secured the conviction of a defendant for importing 144 kilograms of ketamine from India.

 

Operations Cook, Siberian, Tuna and other related UKBA and Serious Organised Crime Agency operations [2012-2013]

Ben and Justin Cole were judicially commended by HHJ Ross for their conduct of a complex and substantial drugs importation trial at the Crown Court at Reading. 

 

The case brought together six separate investigations by the Serious Organised Crime Agency, the UKBA and Police.  It involved over 2½ tonnes of cannabis and 20 kilograms of cocaine.  The six men indicted were all convicted, with the first defendant receiving a sentence of 24 years’ imprisonment. Click here for the BBC News report of the case.

 

Regina v B [2009-2011]

Financially motivated murder of wife by assassin.

 

Regina v E [2011-2012]

Defence Counsel for a man labelled “the biggest drug dealer in Wales” by the Prosecution in a multi-national drug dealing conspiracy.

 

Regina v F [2009-2010]

Defence Counsel in conspiracy to cause arson with intent to endanger life through a campaign of petrol bombing.

 

Regina v I [2009]

Defence Counsel for man facing multiple rape and other sexual allegations in case which was stopped following a submission of no case to answer based upon a honeytrap defence.

 

Regina v Batchelor [2009]

Defence Counsel for a man known as the Glasgow Goldfinger and the Menace of Mayfair in an early case involving a Serious Crime Prevention Order.